The notary, professionally bound

This decision sheds important light on your property law. Here is what it changes for you.

The situation

The notary, professionally bound to ensure the effectiveness of the deeds he drafts and to enlighten the parties as to their scope, effects and risks, must verify, by all useful investigations, especially where there is a legal publicity requirement, the extent and content of the rights in rem the sale of which he authenticates. The terms "common passage", which may, depending on the state of the premises, the indications of previous title deeds or their comparison with those relating to other land, whether those with the benefit or the burden of the passage, designate an undivided path, a right of way, or even a mere tolerance, are ambiguous and necessarily give rise to uncertainty as to the extent of the rights in rem that they cover, so that it is incumbent upon the notary who authenticates the sale of a property having access to the public highway via such a passage to remove this uncertainty by verifying, by all means at his disposal, including consultation of the title deeds of the adjoining land, whether those with the benefit or the burden of the passage, and of the relevant cadastral documents, the legal regime of the passage and the exact ownership of the land over which it runs, and to make mention thereof in his deed.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Scrupulously 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.