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Trial judges who, seeking the
Droit Foncier

Trial judges who, seeking the

📅 Decision of 18 July 1986🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 37 views📖 2 min read

Trial judges who, seeking the common intention of the parties, make a sovereign finding that the common ownership of a path was established for the purpose of access to a common well, and correctly state that the owners of the path may only use the common property for the use for which it is intended, rightly infer that a co-owner could not, by using this path to gain access from his house to another parcel of land belonging to him, unilaterally alter that designated purpose.

Reference decision: cc • No. 84-17.002 • 1986-07-18 • View the decision →

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

The situation

Trial judges who, seeking the common intention of the parties, make a sovereign finding that the common ownership of a path was established for the purpose of access to a common well, and correctly state that the owners of the path may only use the common property for the use for which it is intended, rightly infer that a co-owner could not, by using this path to gain access from his house to another parcel of land belonging to him, unilaterally alter that designated purpose.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, 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: 84-17.002
  • Court: Cour de cassation
  • Decision of: 18 July 1986

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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