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The period of at least 15 days granted
Droit Immobilier

The period of at least 15 days granted

📅 Decision of 13 August 2026⚖️ Cour de cassation👁️ 34 views📖 2 min read

The period of at least 15 days granted to interested owners to submit their observations during the parcel inquiry can only begin to run once all formalities concerning both individual and collective notices have been completed. The expropriation order must be quashed, as it appears from its recitals that the posting of the prefect's order was simultaneous with the inquiry.

Reference decision: cc • No. 68-70.304 • 1970-01-08 • View the decision →

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

The situation

The period of at least 15 days granted to interested owners to submit their observations during the parcel inquiry can only begin to run once all formalities concerning both individual and collective notices have been completed. The expropriation order must be quashed, as it appears from its recitals that the posting of the prefect's order was simultaneous with the inquiry.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with the statutory time limits for appeals
  • 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: 68-70.304
  • Court: Cour de cassation

Keywords

droit immobilierjurisprudenceimmobilier

Practical use cases

1

Owner fights road expropriation in Dordogne

A landlord owns a 200-year-old stone farmhouse with 2 hectares of land near Bergerac, Dordogne, valued at €450,000. The local council plans a bypass road and initiated an expropriation inquiry. The prefect's order was posted at the town hall on the same day the inquiry opened, and the landlord only received individual notice a week later.

Practical application:

Under the 1970 Court of Cassation ruling, the 15-day period for submitting observations only starts after all individual and collective notices are completed. Here, the simultaneous posting means the period may never have legally started. The landlord should gather proof of exact posting and notification dates, then challenge the expropriation order in the administrative court within 2 months of its notification. Contact a French real estate lawyer to verify the timeline and file an appeal.

2

First-time buyer's plot threatened by flood works

A first-time buyer purchased a 800 m² building plot in Alès (Gard) for €80,000 in 2023, planning to build a family home. The municipality now wants to expropriate part of the plot for a flood retention basin. The inquiry notice was displayed at the town hall but the buyer never received an individual registered letter.

Practical application:

The case law requires both individual and collective notice formalities to be fully completed before the observation period runs. Since the buyer didn't receive individual notice, the 15-day clock hasn't started. The buyer should immediately check with the town hall for the exact posting date and request proof of individual notification. If missing, they can still submit observations without being time-barred and seek to annul the expropriation order if it proceeds. Engaging a lawyer early can prevent losing the plot.

3

Co-owner challenges Marseille building expropriation

A co-owner of a 1960s apartment in the 3rd arrondissement of Marseille (value €150,000) is facing expropriation for an urban renewal project. The syndic of co-ownership received collective notice, but several co-owners, including this one, were not individually notified before the inquiry started. The expropriation order was later issued.

Practical application:

According to this ruling, the expropriation order is invalid if the inquiry's observation period started before all individual and collective notices were completed. Here, the lack of individual notification to some co-owners means the procedure was flawed. The co-owner should gather all correspondence, the syndic's records, and proof of posting dates, then challenge the expropriation order before the administrative court within 2 months of notification. Joining forces with other affected co-owners can strengthen the case.

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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