Aller au contenu principal
If the tenant does not have standing to
Droit Immobilier

If the tenant does not have standing to

📅 Decision of 23 January 2025🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 9 views📖 2 min read

If the tenant does not have standing to seek recognition of the existence of a right of way for the benefit of the land he rents, he may, in the event of interference with the right of way benefiting that land likely to constitute a manifestly unlawful disturbance, apply for interim relief to demand, on the basis of Article 835 of the Code of Civil Procedure, the restoration of the said passage

Reference decision: cc • No. 23-19.970 • 2025-01-23 • View the decision →

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

The situation

If the tenant does not have standing to seek recognition of the existence of a right of way for the benefit of the land he rents, he may, in the event of interference with the right of way benefiting that land likely to constitute a manifestly unlawful disturbance, apply for interim relief to demand, on the basis of Article 835 of the Code of Civil Procedure, the restoration of the said passage

What the law says

This decision confirms the fundamental principles of property law.

Points to note

  • Strictly comply with the statutory time limits for bringing legal proceedings
  • Keep all your supporting documents (title deeds, deeds, letters)
  • 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.
→ Prendre RDV pour une consultation droit du travail  |  → Browse all our legal articles

Legal information

  • Number: 23-19.970
  • Court: Cour de cassation
  • Decision of: 23 January 2025

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.

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