This decision provides important insight into your family and property rights. Here is what it means for you.

The situation

Under article 815-9 of the French Civil Code, the compensation due for the occupation of jointly owned property is intended to make good the loss caused to the co-ownership through the loss of fruits and revenues, and to stand in their place, assuming their character. By virtue of article 582 of the same code, the usufructuary is entitled to enjoy every kind of fruit, whether natural, industrial or civil, that the property subject to the usufruct may produce. It follows from these provisions that, where the co-ownership bears on bare ownership only, the occupying co-owner is not liable to pay compensation for occupation to that co-ownership, in the absence of any co-ownership conferring rights of enjoyment.

What the law says

This decision confirms the fundamental principles of French property law.

Key points to remember

• Strictly observe the statutory time limits for bringing a claim
• Keep all your supporting documents (title deeds, legal instruments, correspondence)
• Plan ahead: preventive advice always costs less than a dispute

For an analysis of your situation: 30-minute consultation at €70 with Maître Perucca.