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Le volume immobilier

Abstract : Is the space above and below our Land Property saleable? The "Volume immobilier", also called "Volume" or "Air Rights", is an invention of notarial practice. De facto, it is known as the division of space above and below Land’s surface in Real Estate/Property Law [using a 3D Cadastral System]. It was first used by developers to construct complex buildings called "Ensembles immobiliers complexes" in cities and towns. This technique has two advantages. Primo, it allows developers to circumvent the rigidity of Condominium Law, and secundo it allows them to bypass the inalienability of Public Land [Public Domain]. A convincing example of "Air Rights" is the "Quartier de La Défense" in Paris. This technique has recently met with growing success in France Metropolitan and France Overseas. In Reunion Island, it is especially used in photovoltaic projects. This striking success contrasts, however, with the paucity of legal research on the subject. Despite significant difficulties [theoretical and practical], no in-depth research has yet been conducted on the "Volume" itself. Is it a good? Can it be appropriated or sold, regardless of the Land's surface and without any buildings? Can it be sold, rented or given as collateral? So many questions, and more, to study to give this Real Estate Technique the legal security it deserves.
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Submitted on : Monday, February 15, 2021 - 5:35:09 PM
Last modification on : Wednesday, February 17, 2021 - 3:26:58 AM


Version validated by the jury (STAR)


  • HAL Id : tel-03142091, version 1


Marie Gaëlle Desvaux de Marigny. Le volume immobilier. Droit. Université de la Réunion, 2020. Français. ⟨NNT : 2020LARE0039⟩. ⟨tel-03142091⟩



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