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An easement based on a title deed may
Droit Foncier

An easement based on a title deed may

📅 Decision of 19 August 2026🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 26 views📖 1 min read

An easement based on a title deed may give rise to a possessory action, even if this action results from the non-performance of an agreement.

Reference decision: cc • N° 76-11.078 • 1977-02-16 • Consult the decision →

This decision sheds important light on your real estate law. Here is what it changes for you.

The situation

An easement based on a title deed may give rise to a possessory action, even if this action results from the non-performance of an agreement.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • Scrupulously comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, 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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Legal information

  • Number: 76-11.078
  • Court: Cour de cassation

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.

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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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