Aller au contenu principal
The co-ownership regulation that
Droit Immobilier

The co-ownership regulation that

📅 Decision of 28 March 1984⚖️ Cour de cassation👁️ 20 views📖 2 min read

The co-ownership regulation that determines the purpose of the private portions cannot impose any restrictions on the rights of the co-owners beyond those justified by the purpose of the building. The Court of Appeal legally justifies its decision after noting that the co-ownership regulation unambiguously defined one of the units as a cellar, thus clearly establishing its purpose, and that the co-owner in question had converted this cellar into a games room-library and had it connected to his flat, decides that these works and this unilateral change of use of the private portions of that co-owner's unit infringed the rights of the other co-owners and the purpose of the building.

Reference decision: cc • No. 83-10.996 • 1984-03-28 • View the decision →

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

The situation

The co-ownership regulation that determines the purpose of the private portions cannot impose any restrictions on the rights of the co-owners beyond those justified by the purpose of the building. The Court of Appeal legally justifies its decision after noting that the co-ownership regulation unambiguously defined one of the units as a cellar, thus clearly establishing its purpose, and that the co-owner in question had converted this cellar into a games room-library and had it connected to his flat, decides that these works and this unilateral change of use of the private portions of that co-owner's unit infringed the rights of the other co-owners and the purpose of the building.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Scrupulously respect the legal time limits for appeals
  • Keep all your supporting documents (deeds, instruments, 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.
→ Prendre RDV pour une consultation droit du travail  |  → Browse all our legal articles

Legal information

  • Number: 83-10.996
  • Court: Cour de cassation
  • Decision of: 28 March 1984

Keywords

droit immobilierjurisprudenceimmobilier
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.

Book an appointment →

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.

★★★★★4.9/5 — Google Reviews

Does this affect you?

Consult Maître Zakine — lawyer, Doctor of Law. Fast, clear answer.

Book a consultation →

🔒 Confidential · No obligation

📬 Get legal updates

One legal analysis per week, straight to your inbox. Free, no spam.

🔒 1-click unsubscribe · GDPR compliant

★★★★★4.9/5 — Avis Google

Maître Zakine, Doctor of Law

Phone and video consultations available — Fast appointments

Book an appointment
First consultation 30 minutes — €45

🔒 Confidentiel • Sans engagement • Réponse rapide