Guide

Why does the procedure to expel squatters take so long?

Squatting places two fundamental rights in opposition to each other: the right to property and the right to lodging. Squatting cannot be considered home invasion unless the squatted property was established as a primary residence at the point in time when the squatter moved there. The Court of Cassation (criminal division, 22 January 1997, 95-81.186) … Read more

What about business premises?

Business premises are considered to be the same as a secondary residence. The term “secondary residence” should be understood to mean all built immovable property (apartments, houses, commercial, business or industrial premises, etc.) that does not constitute the primary residence, i.e. the home of the owner subject to squatting. Learn more about squatted secondary property.

My vacation house has been squatted in. I was told that, the period of 48 hours having elapsed, I must initiate a legal proceeding. What does this time period of 48 hours correspond to?

The 48-hour period (to be counted from the effecting of entry by the squatters into the locations), which arises from the practice in judicial police matters, permits police officers to act “in the course of commission of offence”. This may involve either the offence of “home invasion” provided under Article 226-4 of the French Penal … Read more

I am a 20% owner of my grandparents’ house. I share undivided ownership with 4 cousins who refuse to have any contact with me. Can I make them sell the house?

To sell a property, the unanimity of the co-owners is required. However Article 815 of the French Civil Code stipulates that, “no one may be forced to remain in the state of undivided ownership and partition may be initiated at any time, unless it has been suspended by judgment or agreement.” Thus a co-owner may … Read more