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Case laws

Be careful with a contractor's insurance certificate

Be careful with a contractor's insurance certificate

A co-owner is supposed to be mandated by his spouse

A co-owner is supposed to be mandated by his spouse

During construction, the risk is with the contractor

During construction, the risk is with the contractor

The sale of a common part may not be subject to the agreement of all the co-owners

The sale of a common part may not be subject to the agreement of all the co-owners

New abusive clauses in house construction contracts

New abusive clauses in house construction contracts

A seller is rarely committed to the real estate agent

A seller is rarely committed to the real estate agent

Case law | 15/08/24
If constructability is restricted, the land is not "to be built on" The expropriated party cannot argue that his land must be compensated as "to be built on" if only certain constructions are authorized.
Case law | 21/07/24
Authorization required for the suction boiler It is sometimes not possible, particularly in a co-ownership, to install a suction boiler without authorization which requires drilling into an exterior wall.
Case law | 01/07/24
The new owner assumes responsibility for old neighborhood troubles When an owner complains to his neighbor about abnormal neighborhood disturbances, this neighbor is responsible for them even if they started before he became the owner, explained the Court of Cassation.
Case law | 27/06/24
The demarcation of land must be physically executed It is forbidden to ask the judge to demarcate the properties if it has already been done, but this is on the condition that boundaries have been placed on the land.
Case law | 16/06/24
We can obtain the widening of an insufficient public road If the public road is insufficiently wide given the specific needs of a local resident, the latter can obtain its widening.
Case law | 28/04/24
A furnished rental hardly escapes wealth tax It is difficult to escape wealth tax for real estate given as furnished rental, according to a ruling from the Court of Cassation. It is particularly difficult to reach the income threshold which allows these buildings to be qualified as exempt “professional property”.
Case law | 10/01/24
Expropriation does not compensate for the loss of a tolerance The loss of an advantage created by habit or tolerance cannot be compensated in the event of expropriation. Only the deprivation of a legally recognized and protected right can give rise to compensation, said the Court of Cassation.
Case law | 03/12/23
The Carrez law applies to buildings to be constructed The surface area of a residential building is determined according to the Carrez law, including if it is a building purchased “in the future state of completion”.
Case law | 03/12/23
During a sale, there may be forgotten easements In a real estate sale, there may be an easement that the seller is unaware of or has forgotten but which the seller or his buyer will subsequently be required to remove.
Case law | 12/11/23
The lending bank is not responsible for everything It is not because the bank made a mistake when releasing a work loan that it must bear the consequences of their poor result.
Case law | 24/10/23
Pacsé, we contribute according to our abilities Although the PACS presupposes joint ownership, the accommodation acquired can be paid for by one person, said the Court of Cassation. Because if the conclusion of a PACS creates an indivision in half on the goods which are not the exclusive property of one or the other, it also obliges, unless otherwise agreed, to material aid and proportional assistance to each person's faculties.
Case law | 23/10/23
The usual architect does not have to be put in competition A co-ownership can have a regular architect and call on him without putting him in competition, including if his fees reach the amount which imposes compulsory competition.
Case law | 20/10/23
Pay attention to the wording of a suspensive condition In a sales agreement, the suspensive condition which provides for obtaining a "maximum of..." credit is not a style clause that should not be taken into account, and it is easily fulfilled.
Case law | 08/09/23
Manager or partners must not jeopardize their SCI It is not possible to use property belonging to a civil real estate company to guarantee a personal debt of the manager or a partner if it jeopardizes this SCI.
Case law | 03/09/23
Any misplaced tree should not be destroyed If the law regulates the location of plantations at the edge of the property so as not to disturb neighbors, it takes precedence over the possible requirements of local planning regulations.
Case law | 03/09/23
The tenant assumes responsibility for his damage, regardless of the repairs The tenant must bear the repairs of the damage noted during his departure without requiring that these repairs be actually carried out by the owner.
Case law | 06/06/23
Claiming ownership is an imprescriptible right There is no time limit for taking legal action when it comes to requesting the eviction of an occupant "without right or title", recalled the Court of Cassation.
Case law | 29/05/23
The bankruptcy of the owner does not modify the rights of the tenant A tenant cannot receive a notice to sell without respecting the notice and without an offer to purchase on the pretext that his owner is in compulsory liquidation.
Case law | 22/05/23
Joint ownership more or less reduces the taxable value Some joint possessions, especially with close family, reduce the market value, and therefore taxable, of a property less than others.
Case law | 13/04/23
The roofer is not necessarily insured for all roofing work All waterproofing work on a roof does not necessarily fall within the traditional skills of a roofer and the customer must therefore check that he has taken out a corresponding specific insurance.