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An accession clause without compensation
Droit Immobilier

An accession clause without compensation

📅 Decision of 13 September 2018🔄 Updated on 5 October 2026⚖️ Cour de cassation👁️ 12 views📖 2 min read

A clause of accession without compensation stipulated for the benefit of the lessor in a lease that has ended does not prevent the lessee from being compensated for reinstallation costs as part of the eviction indemnity.

Reference decision: Court of Cassation • No. 16-26.049 • 2018-09-13 • View the decision →

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

The situation

A clause of accession without compensation stipulated for the benefit of the lessor in a lease that has ended does not prevent the lessee from being compensated for reinstallation costs as part of the eviction indemnity.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the statutory time limits for bringing an action.
  • Keep all your supporting documents (title deeds, deeds, correspondence).
  • Be proactive: preventive legal advice is always cheaper than litigation.

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 16-26.049
  • Court: Cour de cassation
  • Decision of: 13 September 2018

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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