The enforcement of the guarantee provided for by

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

The situation

The enforcement of the guarantee provided for by Article 1638 of the Civil Code, being the consequence of a commitment freely entered into by the parties to the contract, cannot constitute loss for which the notary who drew up the deed could be held liable to compensate. Therefore, a judgment is liable to be quashed if it orders a notary who omitted to mention an easement in a deed of sale to indemnify the seller against the judgment given against the seller in favour of the buyer on the basis of that guarantee, without finding that the buyer suffered loss resulting from the impossibility of obtaining any reimbursement.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the legal time limits for bringing claims
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.