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Does not reverse the burden of proof
Droit Immobilier

Does not reverse the burden of proof

📅 Decision of 23 August 2026🔄 Updated on 18 October 2026⚖️ Cour de cassation👁️ 10 views📖 2 min read

Does not reverse the burden of proof on the possession of the plaintiffs who claimed to have been deprived of part of their land following the construction of a new fence by the neighbouring owner, the Court of Appeal which declares admissible the action for recovery of possession brought by them, holding it established that at the date of installation of the said fence the plaintiffs had constantly had peaceful and public possession of the disputed strip of land and had conducted themselves as the sole and lawful owners thereof.

Reference decision: cc • N° 74-13.290 • 1976-01-20 • Consult the decision →

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

The situation

Does not reverse the burden of proof on the possession of the plaintiffs who claimed to have been deprived of part of their land following the construction of a new fence by the neighbouring owner, the Court of Appeal which declares admissible the action for recovery of possession brought by them, holding it established that at the date of installation of the said fence the plaintiffs had constantly had peaceful and public possession of the disputed strip of land and had conducted themselves as the sole and lawful owners thereof.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly comply with the legal time limits for appeals
  • Keep all your supporting documents (title deeds, instruments, correspondence)
  • Plan ahead: preventive advice is always less costly 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: 74-13.290
  • Court: Cour de cassation

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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