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The fact of making an opening one day in a
Droit Foncier

The fact of making an opening one day in a

📅 Decision of 07 April 2004🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 7 views📖 2 min read

The fact of making an opening one day in a wall immediately adjoining another's property does not create an easement over that property and imposes no restriction on its owner's right to property.

Reference decision: cc • No. 02-20.502 • 2004-04-07 • View the decision →

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

The situation

The fact of making an opening one day in a wall immediately adjoining another's property does not create an easement over that property and imposes no restriction on its owner's right to property.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • 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

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: 02-20.502
  • Court: Cour de cassation
  • Decision of: 07 April 2004

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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