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The possessory judge who grants
Droit Foncier

The possessory judge who grants

📅 Decision of 09 July 2003🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 9 views📖 2 min read

The possessory judge who grants a claim seeking protection of a right of way serving a landlocked plot is not required to investigate whether the landlocked status results from the division of a property.

Reference decision: cc • N° 01-12.018 • 2003-07-09 • Consult the decision →

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

The situation

The possessory judge who grants a claim seeking protection of a right of way serving a landlocked plot is not required to investigate whether the landlocked status results from the division of a property.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the legal time limits for lodging an appeal.
  • 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: 01-12.018
  • Court: Cour de cassation
  • Decision of: 09 July 2003

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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