The French Supreme Court (Cour de cassation) ruled that a co-owner cannot receive alone the sale price of a party wall when the co-ownership regulations include the ground as common parts. Decision of 16 February 1968, important for co-owners and purchasers.
Reference decision: cc • No. 65-12.884 • 1968-02-16 • View the decision →
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Mr. Dupont, a co-owner in Pamiers, owns a lot with exclusive use of a piece of land. A wall separates his property from the neighbour's. The neighbour wishes to purchase the party wall rights. The co-ownership regulations state that the ground is common property.
Practical application:
Mr. Dupont cannot receive the price alone. He must share it with all co-owners. Advice: check the co-ownership regulations before any transaction.
Mrs. Martin buys a house in Saint-Gaudens. A wall separates her garden from that of the neighbour. The sale deed does not mention the party wall. The neighbour claims half the price for having acquired party wall rights.
Practical application:
If the wall is on common property, the price must be shared. Mrs. Martin must check the co-ownership regulations and the sale deed. If in doubt, consult a lawyer.
A developer builds a building in Toulouse. The boundary wall is a party wall with the neighbour. The neighbour transfers his party wall rights. The developer pays the price to a single co-owner.
Practical application:
Risk of nullity of the transfer if the ground is common property. The developer must ensure that the seller has the right to receive the price alone. Better to reach an agreement with the co-owners' association.
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.
Book an appointment →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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