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The notary responsible for drafting a deed
Droit Foncier

The notary responsible for drafting a deed

📅 Decision of 29 March 2017🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 20 views📖 2 min read

The notary responsible for drafting a real estate sale deed is not required to verify the possibility of changing the use of the property sold which is not mentioned in the deed and of which he has not been informed, unless he could not reasonably have been unaware of it. The Court of Appeal, having held that the notary could only note the purchaser's decision to buy the property for residential use and had no need to interfere with his motives, was able, since such an acquisition was not unlawful, to infer that he had committed no fault causing the delay in carrying out a change of use which had not been disclosed to him.

Reference decision: Court of Cassation • No. 15-50.102 • 2017-03-29 • View the decision →

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

The situation

The notary responsible for drafting a real estate sale deed is not required to verify the possibility of changing the use of the property sold which is not mentioned in the deed and of which he has not been informed, unless he could not reasonably have been unaware of it. The Court of Appeal, having held that the notary could only note the purchaser's decision to buy the property for residential use and had no need to interfere with his motives, was able, since such an acquisition was not unlawful, to infer that he had committed no fault causing the delay in carrying out a change of use which had not been disclosed to him.

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)
  • Be proactive: 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: 15-50.102
  • Court: Cour de cassation
  • Decision of: 29 March 2017

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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