The judge does not combine the petitory and

This decision provides important insight into your property law. Here is how it affects you.

The situation

The judge does not combine the petitory and the possessory by consulting the title deeds to ascertain whether the possession relied upon is exercised as of right and to ensure that the claimant is not acting under mere tolerance. Nor does the combination arise from the fact that the decision, in order to respond to or rebut submissions based on the merits of the right and raised by the defendant against the possessory action, would contain in its grounds, alongside findings relating to possession, considerations touching on the merits of the right, if the judge, in the operative part, has strictly confined himself within the limits of the possessory action.

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, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

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