Decision reference: cc • No. 75-11.765 • 1977-02-22 • View the decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
The trial judges legally justify their decision rejecting a landowner's claim for damages resulting from a construction resting on and overhanging the party wall, since they sovereignly find that the construction was carried out in accordance with the applicable neighbourhood rules, without any damage being established, either as to the solidity of the party wall or as to inconveniences exceeding the ordinary measure of neighbourly obligations, and that there is no violation of a legally protected right.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly observe the statutory time limits for appeals
- Keep all your supporting documents (titles, deeds, 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.
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