Property Sale Validity Against Registered Pre-emption Right
Synthèse Legislator
Généré par l'IAA property owner sued the purchaser of a portion of their land, arguing that the sale was null because a pre-emption right, granted to an adjacent landowner by a prior act, had not been respected, despite the purchaser claiming good faith ignorance of this right. The court rejected the appeal, holding that the pre-emption right, established by a deed registered in the land registry, constituted a real right enforceable against any subsequent purchaser, regardless of whether that purchaser had actual knowledge of its existence, because the public registry provided constructive notice to all parties.
Regeste Legislator
Généré par l'IAProperty Sale Validity Against Registered Pre-emption Right: The court rejected the appeal, holding that the pre-emption right, established by a deed registered in the land registry, constituted a real right enforceable against any subsequent purchaser, regardless of whether that purchaser had actual knowledge of its existence, because the public registry provided constructive notice to all parties.