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not using a notaire

Posted by walnut72 - Created: 4 years ago
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8 replies (Showing replies: 1 to 8)

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Posted by phlophf-409902 - 4 years ago

Think I said that - and glad things look better for you

 

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Posted by walnut72 - 4 years ago

 update so far

went to the notaires.

firstly the sale of the said land and hangar is illegal and is therefore void. The notaire firmly said that when property is invloved the acte de vente in front of the notaire, and all the fees involved is obligatoire.

secondly and very important

The proces of bornage which we got involved is also not legal unless it has been taken and registered in front of a notaire. In the 4 page document which stated clearly that the access was 'forever' and basically not contestable, never mentioned that fact and the geometre never said, the notaire believes he was at fault, but has now retired.

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Posted by Azur Models-658123 - 4 years ago

Sous seing privé with a  tax of 60% is better than no €€€ and could be the owners mindset which it sounds like is legal..

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Posted by Kanak - 4 years ago

If I have understood, the purchase of the second piece of land is a bolt-on to reunify the original plot. But walnut has copy of the right of way signed by all parties.  So it is unlikely that the more recent purchase is a private transaction, since the original sounded an authentic sale.  Sous seing privé is a mechanism the French use to pass stuff on mostly to family, so that they can re-use their allowance every 15 years and keep a track for the fisc, etc;  and it would be an inappropriate, or inadvised method of transferring property outside the reserve inheritors because it would attract tax of 60% on the value, or price of the gift, notwithstanding land registry costs.  'The purchase is legal' is a statement outwith our knowledge, and I believe it to be a red-herring which will cause anxiety to some-one who seems already to have enough to cope with.  walnut, best wishes.

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Posted by Pushkin-986745 - 4 years ago

The purchase is legal , its called an acte sous seign priver the buyers would only have to pay land registry costs at the resale .

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Posted by LRV24 - 4 years ago

One of my friends was talking to the local Maire while on a commune organised walk. He was told that in his commune alone there were more than one problem that had arisen from properties changing hands casually in British pubs etc. Apparently this used to be fairly common when 'ruins' were really cheap. One woman who wanted to buy a property that was for sale in the commune was desperately seeking the people who had sold the house to the current owners as she couldn't buy it until it was legally theirs.

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Posted by phlophf-409902 - 4 years ago

Surely this was not a  legal tranaction - I am under the impression that a notaire is a glorified tax collector and therefore by not using one they are avoiding/evading  paying the revenue required.

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Posted by Kanak - 4 years ago

Hi walnut,  good to hear your insurers are on the ball.  I would have thought that the involvement of a notaire was essential to publish the owner with the conservation des hypothèques, cadastre, etc.  If this hangar is on constructible land, all the more important.  Be confident, and press on with your insurers as all this sounds a bit fishy.   I have been in a position where someone has thought property could be transferred simply by a bornage, but this is not the case.  Good luck.