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Violates Articles 637 and 686 of the Civil Code
Droit Immobilier

Violates Articles 637 and 686 of the Civil Code

📅 Decision of 13 June 2012🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 12 views📖 2 min read

A court of appeal violates Articles 637 and 686 of the Civil Code when it decides that the agreement by which the owner of a plot of land allows EDF to install a transformer on it is analysed as a servitude agreement burdening the property, whereas the electricity distribution network cannot constitute a dominant estate.

Reference decision: Court of Cassation • N° 10-21.788 • 2012-06-13 • Consult the decision →

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

The situation

A court of appeal violates Articles 637 and 686 of the Civil Code when it decides that the agreement by which the owner of a plot of land allows EDF to install a transformer on it is analysed as a servitude agreement burdening the property, whereas the electricity distribution network cannot constitute a dominant estate.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Strictly comply with the legal deadlines for appeals
  • Keep all your supporting documents (titles, 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.
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Legal information

  • Number: 10-21.788
  • Court: Cour de cassation
  • Decision of: 13 June 2012

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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