Filing an appeal in cassation

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

The situation

The filing of an appeal in cassation (a further appeal on a point of law) pursuant to the provisions of Article L. 12-5, first paragraph, of the French Code of Expropriation for Public Purposes neither interrupts nor suspends the statutory time bar laid down in Article R. 12-5-1 of the same Code, within which the expropriated owner must apply to the expropriation judge to have it formally established that an order transferring ownership has lost its legal basis and to rule on its automatic legal consequences, such as a claim for restitution and compensation

What the law says

This decision reaffirms 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, legal instruments, correspondence)
• Plan ahead: preventive legal advice always costs less than litigation

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