Town planning servitudes imposed

This decision sheds important light on your property law. Here is what it changes for you.

The situation

Town planning servitudes imposed in the general interest to promote the harmonious development of built-up areas do not create private rights capable of possession, with the result that private individuals who suffer a disturbance resulting from a breach of these servitudes do not benefit from possessory protection. Consequently, a judgment is liable to be quashed which upheld an action for denunciation of new works brought within a residential estate against the owner of another lot who had built collective buildings on plots of less than five thousand square metres solely on the ground that he had thereby contravened the provisions of the town planning scheme and caused the claimant possessory disturbance.

What the law says

This decision confirms the fundamental principles of property law.

Points to note

• Strictly comply with the statutory time limits for appeal
• 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.