Aller au contenu principal
Under the Act of 15 June 1906, the
Droit Foncier

Under the Act of 15 June 1906, the

📅 Decision of 27 May 1987🔄 Updated on 6 October 2026⚖️ Cour de cassation👁️ 30 views📖 2 min read

Under the Act of 15 June 1906, the easement for the passage of electric lines does not deprive the owner of the right to enclose their property or to build, as the owner retains the right to request the relocation of the line in order to build. Consequently, the court's judgment is not contradictory when, after deciding that since the interested party failed to prove the existence of a building project, the damage alleged is merely hypothetical and not compensable, it holds that the impossibility of planting trees constitutes a certain and present damage.

Reference decision: cc • No. 86-70.078 • 1987-05-27 • View decision →

This decision sheds important light on your property rights. Here is what it changes for you.

The situation

Under the Act of 15 June 1906, the easement for the passage of electric lines does not deprive the owner of the right to enclose their property or to build, as the owner retains the right to request the relocation of the line in order to build. Consequently, the court's judgment is not contradictory when, after deciding that since the interested party failed to prove the existence of a building project, the damage alleged is merely hypothetical and not compensable, it holds that the impossibility of planting trees constitutes a certain and present damage.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with legal time limits for appeals
  • Keep all supporting documents (deeds, instruments, correspondence)
  • Plan ahead: preventive advice is always cheaper 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.
→ Prendre RDV pour une consultation servitudes  |  → Browse all our legal articles

Legal information

  • Number: 86-70.078
  • Court: Cour de cassation
  • Decision of: 27 May 1987

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.

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.

★★★★★4.9/5 — Google Reviews

Does this affect you?

Consult Maître Zakine — lawyer, Doctor of Law. Fast, clear answer.

Book a consultation →

🔒 Confidential · No obligation

📬 Get legal updates

One legal analysis per week, straight to your inbox. Free, no spam.

🔒 1-click unsubscribe · GDPR compliant

★★★★★4.9/5 — Avis Google

Maître Zakine, Doctor of Law

Phone and video consultations available — Fast appointments

Book an appointment
First consultation 30 minutes — €45

🔒 Confidentiel • Sans engagement • Réponse rapide