Frequently asked questions about Immobilier

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I own an apartment that is currently rented out. The lease is about to expire: can I take back the property to use it as a pied-à-terre?

No. The property must necessarily become your principal residence (French Supreme Court, 3rd Civil Chamber, 31 January 2001, No. 99-11.956). This means you must occupy the property effectively and permanently, and it must be the center of your family interests. The tenant may hold you liable and seek the annulment…
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How do I find an old title deed?

The deed to my father's house is at least 35 years old. My father's state of health prevents him from looking after his own affairs, which has led the public prosecutor to place him under guardianship. His condition requires that he be placed in a specialized institution. As the cost…
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A few years ago, my mother donated a real estate property to me. The deed included a clause de retour conventionnel (right of return) in case I were to die before her. She has now passed away, and I wish to sell the property. Is this possible?

Yes. The clause de retour conventionnel is a resolutory condition of the donation, as provided under Article 951 of the French Civil Code. It allows the donor to recover the donated property if the beneficiary dies before them. Since your mother has passed away, the condition can no longer be…
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I acquired an apartment located in a co-ownership 1 year ago. My seller had been using the adjoining garden, which is a common part, for 29 years. Can I argue for this 30-year-old use (29 years for my seller and 1 year for me) to become the owner ...

... of the garden? Non. Les juges autorisent l’acquisition par un copropriétaire d’une partie commune par l'effet de sa possession lorsque toutes les conditions sont réunies, notamment le fait de se comporter comme le propriétaire du bien depuis au moins 30 ans ( Cass. Civ.3e, 11 juill. 2019, n°18-17-771). En…
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