Notaries Are Required to Ensure

Reference decision: cc • No. 96-14.385 • 1998-01-20 • View decision →

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

The situation

Notaries are required to ensure the effectiveness of the deeds they receive. A notary commits a fault by failing to inform the purchaser of a property of the risk that the right to enjoy the acquired property may be challenged, a risk arising from the contradiction between several earlier deeds relating to that property.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

Strictly adhere to statutory time limits for appeals
Keep all supporting documents (title deeds, instruments, correspondence)
Be proactive: preventive advice is always cheaper than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Practical use cases

First-time buyer discovers undisclosed right of way

In 2023, a young couple bought a flat in Paris 15th for €300,000. A neighbour now claims a right of way across their garden based on an unregistered 1950 deed, threatening their exclusive use.

Practical application:

The notary should have examined all past deeds and warned of contradictory rights affecting enjoyment. Because the notary failed, the couple can claim damages for the reduced property value and legal costs. They should immediately gather their purchase deed, the old deed, and correspondence, then consult a property solicitor to pursue a negligence claim against the notary.

Landlord loses rental income over hidden easement

An investor bought a Lyon apartment building for €500,000 in 2022, intending to convert the ground floor into shops. A tenant later produced a 1928 easement granting their family permanent access, blocking the renovation and reducing rental yield by €1,200/month.

Practical application:

The notary had a duty to spot the conflict between the 1928 easement and the seller’s declaration of full ownership. Because this risk was not disclosed, the landlord can sue the notary for professional fault. The landlord should quantify the loss of rent, obtain a formal valuation of the encumbered property, and engage a lawyer to recover compensation from the notary’s insurer.

Co-owner faces life tenancy claim after buyout

In Marseille, a sibling bought out their brother’s half-share of a family home for €150,000 in 2021. The brother now asserts a lifetime right to reside there, citing a 1970 deed that the notary failed to mention during the conveyancing.

Practical application:

The notary committed a fault by not revealing the old deed that contradicts the buyer’s exclusive ownership. The buyer can seek damages for the lost full enjoyment and any rental alternative costs. They should request a copy of the notary’s file, gather all title documents, and urgently consult a French avocat to file a claim based on this 1998 precedent.

Notaries Are Required to Ensure

The situation

What the law says

Key points to remember

Legal information

Source

Keywords

Practical use cases

First-time buyer discovers undisclosed right of way

Landlord loses rental income over hidden easement

Co-owner faces life tenancy claim after buyout

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Maître Zakine, Doctor of Law