Restrictions on the Right of Property

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

The situation

Restrictions on property rights encumbering lots are proprietary in nature and are binding on purchasers. Accordingly, the purchaser of a lot cannot rely on the unenforceability against him of the provisions of the prefectoral order authorising the subdivision subject to a condition of use as a single-family dwelling which were not included in the contract of sale.

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.