The judicial courts have

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

The judicial courts have jurisdiction both to rule on damages to be awarded to third parties harmed by the vicinity of a classified installation for the protection of the environment and on measures designed to bring an end to the harm that such installation may cause in the future, provided that such measures do not conflict with the requirements laid down by the administration under its special policing powers. The principle of the separation of administrative and judicial authorities indeed precludes the judicial court from substituting its own assessment for that made by the administrative authority concerning the dangers or disadvantages that such installations may present, whether for the convenience of the neighbourhood, public health, safety, or salubrity, agriculture, the protection of nature, the environment and landscapes, the rational use of energy, or the conservation of sites and monuments as well as elements of archaeological heritage. Consequently, a court of appeal was correct to raise of its own motion the lack of jurisdiction of the judicial court to hear a claim seeking the removal of wind turbines, on the ground that their installation and operation allegedly caused visual and aesthetic harm and noise nuisance

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the legal time limits for appeals
• Keep all your supporting documents (titles, deeds, correspondence)
• Anticipate: preventive advice is always cheaper than litigation

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