JURITEXT000006954692 Généré par l'IA

Servitude of View Transfer Upon Partial Alienation

Numéro de cause JURITEXT000006954692

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-03-16

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A lower court erred by finding that a person who purchased property subject to a servitude of view benefited from the servitude, as the court failed to determine whether the servitude, which had been established by the seller prior to the sale, was apparent and thus presumed to be transferred with the property, as required by civil law for the continuation of a pre-existing, non-registered servitude upon a partial alienation of the land.

Regeste Legislator

Généré par l'IA

Servitude of View Transfer Upon Partial Alienation: A lower court erred by finding that a person who purchased property subject to a servitude of view benefited from the servitude, as the court failed to determine whether the servitude, which had been established by the seller prior to the sale, was apparent and thus presumed to be transferred with the property, as required by civil law for the continuation of a pre-existing, non-registered servitude upon a partial alienation of the land.