Co-ownership & Property Disputes

Works carried out at a neighbour’s, in an adjoining building or nearby can cause cracks, water ingress, subsidence, nuisance or structural damage. It is then essential to act quickly to prevent the damage from worsening and to preserve the evidence.

The firm works to analyse the situation, identify the parties responsible, request the appropriate measures and build a solid file with a view to a negotiation, an appraisal or proceedings.

In particular, we assist with:

• analysing the nature of the works, the defects observed and the parties concerned;
• building the evidential file: photographs, official reports, quotes, reports, correspondence;
• requesting an appraisal, precautionary measures or the cessation of a nuisance;
• negotiating with or taking action against those responsible and their insurers.

The managing agent (syndic) plays a central role in the upkeep of the building, the implementation of general-meeting decisions, the administrative and financial management of the co-ownership and the representation of the co-owners’ association.

Its liability may be engaged in the event of failure, inaction, poor implementation of decisions, lack of information, management error or negligence in dealing with a defect affecting the building.

In particular, we assist with:

• analysing the co-ownership rules, the managing-agent contract, the minutes and the correspondence;
• identifying the obligations not performed and the loss suffered;
• drafting the formal demands, draft resolutions, correspondence or procedural documents;
• bringing or defending a liability claim.

Cracks, water ingress, damp, interference with quiet enjoyment, persistent nuisance or damage to the structure of a property can have multiple causes: neighbouring works, lack of upkeep of the building, defective works, an insured event, a failing managing agent or the liability of another co-owner.

The firm supports you in identifying the origin of the defect, preserving the evidence and determining the most effective route to obtain reinstatement or compensation.

In particular, we assist with:

• analysing the defects, their chronology and their impact on the property;
• identifying the potential parties responsible: neighbour, managing agent, association, contractor, insurer or other party;
• organising an amicable or judicial appraisal;
• seeking the repair, the cessation of the nuisance or compensation for the loss.

Certain co-ownership decisions can be challenged when they were adopted in irregular conditions, infringe a co-owner’s rights or reveal poor management of the building.

The firm works to analyse the minutes, the notices of meeting, the majority rules, the applicable time limits and the advisability of a challenge or an amicable approach.

In particular, we assist with:

• analysing the notices of meeting, agendas, minutes and voting rules;
• checking the validity of general-meeting decisions;
• advising on the time limits and risks of a challenge;
• drafting the necessary correspondence, formal demands or procedural documents.