Cour de cassation, civile, Chambre civile 3, 4 octobre 2000, 98-23.150, Publié au bulletin
Presiding Judge | M. Beauvois (président) |
Case Outcome | Cassation |
Counsel | la SCP Boré,Xavier et Boré |
Appeal Number | 30001303 |
Docket Number | 98-23150 |
Date | 04 octobre 2000 |
Subject Matter | PRESCRIPTION ACQUISITIVE - Objet - Servitude de passage - Assiette |
Court | Troisième Chambre Civile (Cour de Cassation de France) |
Publication au Gazette officiel | Bulletin civil 2000, III, n° 159, p. 111 |
Vu l'article 2229 du Code civil, ensemble l'article 809 du nouveau Code de procédure civile ;
Attendu selon le premier de ces textes que pour pouvoir prescrire, il faut une possession continue et non interrompue, paisible, publique, non équivoque et à titre de propriétaire ;
Attendu, selon l'arrêt attaqué (Nancy, 14 septembre 1998), statuant en référé, que les consorts Y... qui avaient, selon acte du 15 janvier 1996, acquis chacun pour moitié, un immeuble comprenant une cour grevée d'une servitude de passage au profit du fonds de Mme X..., reprochant à cette dernière d'avoir édifié au droit de ses murs de façade, un muret empiétant sur leur cour, ont saisi le juge des référés pour obtenir la démolition de cet ouvrage ;
Attendu que pour accueillir cette demande l'arrêt retient que l'argument invoqué par Mme X... tenant à ce qu'elle aurait acquis la partie de la cour longeant le muret...
Pour continuer la lecture
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