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The action for compulsory regularisation of a
Droit Immobilier

The action for compulsory regularisation of a

📅 Decision of 12 November 2020🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 13 views📖 2 min read

The action for compulsory regularisation of an undertaking to transfer plots to a free syndicate of owners (association syndicale libre), which seeks recognition of the right of ownership transferred to it by effect of a stipulation for the benefit of a third party, is an imprescriptible action in revendication (claim for recovery of property). By the stipulation for the benefit of a third party granted for its benefit, the free syndicate of owners, once formed, was immediately vested with ownership of the plots subject to the stipulation, even before regularisation of the transfer by authentic deed.

Reference decision: cc • No. 19-23.160 • 2020-11-12 • Consult the decision →

This decision provides important insight into your property law. Here is what it changes for you.

The situation

The action for compulsory regularisation of an undertaking to transfer plots to a free syndicate of owners (association syndicale libre), which seeks recognition of the right of ownership transferred to it by effect of a stipulation for the benefit of a third party, is an imprescriptible action in revendication (claim for recovery of property). By the stipulation for the benefit of a third party granted for its benefit, the free syndicate of owners, once formed, was immediately vested with ownership of the plots subject to the stipulation, even before regularisation of the transfer by authentic deed.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with statutory time limits for appeals/actions
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: preventive advice always costs less than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 19-23.160
  • Court: Cour de cassation
  • Decision of: 12 November 2020

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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