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.
It thus ruled out that motorists, who benefited from prohibited but tolerated parking in a private road, from being compensated for the loss of this advantage during the expropriation of the road.
Compensation must cover all direct, material and certain damage caused by an expropriation. It is also necessary that this damage be the result of the deprivation of a right, observes the Court.
Motorists had obtained several thousand euros each in appeal because they lost, because of an expropriation, an old habit of parking in front of their homes. This parking, although legally prohibited, had always been tolerated and the prohibition was not materialized on site.
The appeal judges considered that the loss of this use, even if it was only precarious and tolerated, caused harm to its beneficiaries. But they were wrong, the Court of Cassation ruled to overturn this decision.
This right was not legally protected like a property right or a right of use recognized by a notarial deed or even by a lease.
(Cass. Civil 3, 18.3.2021, E 20-13.562).
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