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Land of a Communal Forest Bordered by a Watercourse
Droit Immobilier

Land of a Communal Forest Bordered by a Watercourse

📅 Decision of 01 August 2026🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 17 views📖 2 min read

The land of a communal forest bordered by a non-state-owned watercourse is bounded by the middle of its bed; consequently, anyone who extracts gravel without authorisation from the part of the watercourse bed that constitutes the forest land commits the offence provided for by Article 9 of Decree No. 58-1303 of 23 December 1958 (1).

Reference decision: cc • No. 76-91.428 • 1977-02-22 • View the decision →

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

The situation

The land of a communal forest bordered by a non-state-owned watercourse is bounded by the middle of its bed; consequently, anyone who extracts gravel without authorisation from the part of the watercourse bed that constitutes the forest land commits the offence provided for by Article 9 of Decree No. 58-1303 of 23 December 1958 (1).

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly comply with statutory limitation periods for appeals
  • Keep all your supporting documents (titles, deeds, correspondence)
  • Plan ahead: 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: 76-91.428
  • Court: Cour de cassation

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.

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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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