Cassation court allows access to shared flue by restaurant owner based on exclusive purchase title overriding legal presumption of co-ownership.

The court dismissed the lower appellate court's decision denying the restaurant owner access to the building's flue. The owner argued that the flue was exclusively intended for their commercial space at the time of purchase, while the condominium argued a 1991 regulation excluded commercial units from shared ownership. The court ruled that the legal presumption of co-ownership for building parts must be rebutted by clear evidence of exclusive intent, which the purchase deed provided, thus overturning the lower court's failure to examine this fact.