Breaches Articles 597 and 1134 of the Code

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

The Court of Appeal breaches Articles 597 and 1134 of the Civil Code and Article 31 of the new Code of Civil Procedure by declaring a seller to have no legal interest in seeking, after the sale, the setting of a penalty payment to obtain enforcement of a decision ordering the neighbouring owner to build a wall between the two properties, on the ground that he had not reserved the usufruct of the land sold, whereas, having sold the bare ownership under a life annuity (viager) and having only granted a right of use and habitation over that plot of land, the seller had necessarily retained the usufruct.

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: a 30-minute consultation for €45 with Maître Zakine.