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When the owner of land
Droit Immobilier

When the owner of land

📅 Decision of 29 April 2009🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 17 views📖 2 min read

When the owner of land opts, in accordance with Article 555 of the Civil Code, to keep constructions built on it by a third party using their own materials, the bad faith of that third party does not deprive them of their right to compensation.

Reference decision: cc • N° 08-11.431 • 2009-04-29 • Consult the decision →

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

The situation

When the owner of land opts, in accordance with Article 555 of the Civil Code, to keep constructions built on it by a third party using their own materials, the bad faith of that third party does not deprive them of their right to compensation.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Strictly adhere to legal time limits for appeals
  • Keep all your supporting documents (deeds, documents, correspondence)
  • Anticipate: preventive advice always costs less than litigation

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

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

  • Number: 08-11.431
  • Court: Cour de cassation
  • Decision of: 29 April 2009

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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