Reference decision: cc • N° 16-21.971 • 2017-10-05 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
A general meeting of co-owners having instructed a surveyor to measure the co-ownership lots, a court of appeal was able to hold that the interference resulting from that decision, which involved the surveyor entering the co-owners' homes, did not constitute a disproportionate interference with their right to respect for their home in view of the legitimate aim pursued, namely to ensure that the apportionment of service charges was consistent with the respective floor areas of the different lots, and to deduce that the refusal to allow the surveyor to carry out his mission constituted a manifestly unlawful disturbance.
What the law says
This decision confirms the fundamental principles of property law.
Key points
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (title deeds, instruments, correspondence)
- 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.
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