Tag: Case law

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How a Tontine Clause Can Void Your French SCI (2026 Ruling)

The Cour de Cassation's 9 April 2026 ruling is a brutal warning to British couples holding a French property through a small SCI: a tontine clause that covers all the shares makes the SCI null from inception. We unpack the trap, the practical fix that preserves the tax-efficient outcome, and what to do if your existing statutes are at risk.

French Copropriété AGM: The 2-Month Contestation Clock (2026 Ruling)

The Cour de Cassation has just confirmed that the 2-month deadline to contest a French copropriete AGM decision runs from the day the registered letter was first presented at your address — even if you never picked it up. A procedural trap for non-resident British landlords, explained with the 16 April 2026 ruling and the wider French property timetable.

Fixing a French Notarial Deed Error: The 5-Year Window (2026 Ruling)

A 16 April 2026 Cour de Cassation ruling settles, for the first time, that an action to rectify a French notarial deed of property sale is a personal action with a 5-year prescription. What British buyers need to know.

Bail à Vie at French Auction: A 2010 Ruling British Buyers Must Know

In 2004, two buyers won a French house at auction — only to discover the existing tenant had a lifetime clause they'd inherited. The 2010 Cour de Cassation ruling every British investor must know.

Holding Over, Paying Up: France’s Cour de cassation Strengthens Landlords’ Hand on the Security Deposit

France's Cour de cassation has confirmed that landlords can deduct the indemnité d'occupation from the security deposit when a tenant overstays — and the tenant can't dodge this by arguing prescription. Here's what the ruling says.

It’s Constitutional: France’s Highest Court Validates the Copropriété Airbnb Ban

The Conseil constitutionnel has ruled that French co-owners can vote by two-thirds majority to ban Airbnb-style tourist rentals in residential buildings. Here's what the decision means for British property investors.