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The route of the legal right of way
Droit Foncier

The route of the legal right of way

📅 Decision of 05 September 2012🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 20 views📖 2 min read

The route of the legal right of way provided for in Article 682 of the Civil Code must be compatible, where the properties concerned are located in a zone for the protection of architectural, urban and landscape heritage, with any applicable town planning and environmental constraints.

Reference decision: cc • No. 11-22.276 • 2012-09-05 • View the decision →

This decision provides important clarification on your property law rights. Here is what it changes for you.

The situation

The route of the legal right of way provided for in Article 682 of the Civil Code must be compatible, where the properties concerned are located in a zone for the protection of architectural, urban and landscape heritage, with any applicable town planning and environmental constraints.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, correspondence)
  • Anticipate: preventive advice is always cheaper than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.

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

  • Number: 11-22.276
  • Court: Cour de cassation
  • Decision of: 05 September 2012

Keywords

droit immobilierjurisprudencefoncier
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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