Par this stop, the Court of Cassation recalls that the plan annexed to the deeds of co-ownership can only be the work of a surveyor in that it delimits the land rights. Otherwise, it is unenforceable. The solution is applicable to all co-ownerships, whatever their nature or the number of co-owners. There is in fact only one co-ownership regime.
Recognized and consecrated for a long time by case law, the monopoly entrusted by the State to expert surveyors has been the object of much covetousness. The judgment of the Court of Cassation, in accordance with the provisions of the law of May 7, 1946, reminds us that the deeds of delimitation of land assets to be enforceable must be carried out by a regulated and controlled profession. It is about protecting the rights of owners.
Whether you own land or a condominium lot, the guarantees offered must be the same. There is no "sub-ownership" regime in France, and that is fortunate, because it is a right protected by the Constitution. It is therefore legitimate that the definition of the limits of ownership and the rights attached thereto be entrusted to professionals benefiting from initial training of excellence, subject to rules of ethics, to an obligation of insurance, continuous training and regularly checked by their professional association.
This reminder by the High Magistrates of the Court of Cassation of the guarantee offered to all owners, of land as well as of a co-ownership lot, is all the more important as we enter an economically unstable period. Inflation, rising interest rates, shortage of materials and energy, climate change, all these factors are anxiety-provoking and economically at risk. Real estate then remains a safe haven for many French people. We are not allowed to “gamble” with what most of them are the savings of a lifetime.
The financial compensation to be provided for the co-owner is also very reasonable with regard to the guarantee and the legal and economic security offered, since a study carried out by the Order of Surveyors-Experts shows that the establishment of a plan annexed to a descriptive statement of division of co-ownership is invoiced on average 400 euros including tax per dwelling (on the basis of 250 statements of fees for services carried out in town and in rural areas). Moreover, like all the services provided by surveyors, the development of a plan annexed to a deed of co-ownership and delimiting the land rights is subject to competition. There is therefore no pre-established price.
Finally, it seems useful and necessary to specify that this judgment will not lead co-owners to use a surveyor to draw up this type of plan for existing co-ownerships. This judgment recalls the principle that will apply to co-ownerships exposed to litigation on the limits of existing lots and, of course, to all the plans annexed to the descriptive statements of division into co-ownership to be established.
For the President of the Superior Council of the Order of Expert Surveyors, Mr. Joseph Pascual: “The judgment of the Court of Cassation dated June 29, 2022 secures and protects the rights of all owners, which we welcome, and reaffirms the monopoly of expert surveyors in the delimitation of land. »
To go further on this subject, see our interview with Mr. Joseph Pascual, President of the Superior Council of the Order of Expert Surveyors, of September 8, 2022.