Where a deed of sale effects

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

The situation

Where a deed of sale effects the division of a property into three plots and grants, for the benefit of one of them, which has become landlocked, a right of way over the other two, a Court of Appeal, finding that the landlocked condition created by the division of the property, as governed by Article 682 of the French Civil Code, constitutes the legal title of the easement, was entitled to hold that the agreement relating to that title, having had as its sole purpose the fixing of the route and the arrangement of the right of way, did not have the effect of altering the legal foundation of the easement or conferring upon it a conventional character. It follows that the cessation of the landlocked condition entails the extinction of the easement.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventive legal advice is always cheaper than a dispute

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