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When the owner of a piece of land has
Droit Foncier

When the owner of a piece of land has

📅 Decision of 23 March 2001🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 23 views📖 2 min read

Where the owner of a piece of land divided it into three parcels prior to the creation of the prohibition on building along the boundary lines between the central parcel and the neighbouring parcels, the provisions of Article 700 of the Civil Code, which assume that the easement predates the division of the estate, are not applicable.

Reference decision: cc • No. 98-19.018 • 2001-03-23 • View the decision →

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

The situation

Where the owner of a piece of land divided it into three parcels prior to the creation of the prohibition on building along the boundary lines between the central parcel and the neighbouring parcels, the provisions of Article 700 of the Civil Code, which assume that the easement predates the division of the estate, are not applicable.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the legal deadlines for appeals
  • 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.

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

  • Number: 98-19.018
  • Court: Cour de cassation
  • Decision of: 23 March 2001

Keywords

droit immobilierjurisprudencefoncier
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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