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Notaire / property sale question.

Posted by channon-387041 - Created: 3 years ago
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10 replies (Showing replies: 1 to 10)

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Posted by Fish24 - 3 years ago

I may be wrong but I think you will find that a Cadastral plan is not 'legal' but used to draw up the boundaries in order to apply local taxes (fonciere) for administration purposes.

The only legal boundaries are those given after a visit of an 'Expert Géometre' who places the 'bornes' under his responsibility and insurance with a signed plan from both parties which is given to the Notaire/propriétors for inclusion in the official contract of the property being sold or bought!

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Posted by horseygirl-819204 - 3 years ago

Not all regions have official markers (borne) yet and still have large stones to mark the boundary.

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Posted by grannydot-403561 - 3 years ago

Root around in the ground at each end of this piece of land,for the bournes. They are supposed to be, unremoveable, if that is a word. Maybe the plastic tip has been knocked off during working the land, but there should still be the metre or so in the ground.  We watched them put them in a piece of land of ours and the are massively long in the ground.

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Posted by Parfait-440630 - 3 years ago

We have a similar situation as yourselves funnily enough!

We are in the process of selling our house after 8 years. Like yourselves we are using the same Notaire who we bought through.

Our buyer (not the Notaire!) has discovered that the strip of land behind our property does not belong to us, but the farmer! 

We thought we owed the 1 metre of land from the rear of our property to the fence to his land. Seemingly not! We have access rights only to maintain our property. The problem is that we had a gaz tank installed at the side our our house, and the connecting pipes run half way along this land which connects to our Boiler.

The farmer has been around after receiving a letter from our Notaire to say it's fine and he has no problem with the pipes being there.

We were due to sign the "Acte to Ventre" on Friday, but although I told the farmer he needed to ring or write to the Notaire to confirm his agreement, he hasn't been!

Would your neighbour not agree to do the same, so nobody has to incur any further costs?

Anyway, good luck, and I hope you get it sorted!

 

 

 

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Posted by d.browning - 3 years ago

how odd itwasntme, i had actually typed in wordpad 'why not simply move the fence, problem solved" but somehow omitted to copy and paste into my reply. great minds

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Posted by Itwasntme-998041 - 3 years ago

Think d.browning put it in a nut shell. and or just move wire fence to where notaire says it should be back on your property. Job done.

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Posted by d.browning - 3 years ago

Same Notaires now saying this little piece needs to be sold to our purchaser from our neighber with surveyers fees of 1,000Euro plus notaires 700 euro fee.


i maybe a bit thick but why does this piece of land need to be sold ? if it belongs to your neighbour surely it is his to sell,not yours, and any expense incurred is his. if the purchaser wants the land then he needs to buy it from your neighbour, why shoud there be any cost to you ?  the fact you have been using the land by accident is immaterial. my feeling is somebody is trying to pull a fast one, the notaire, the neighbour,or the buyer, or a permutation of the three. 

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Posted by channon-387041 - 3 years ago

thanks all

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Posted by bretonlion - 3 years ago

Hello,

When we first bought our house in 2005, we took the sellers word for the boundaries ..

When we bought next door, we got the Geo Met in to do the job .. as the place had been empty for many years ..

What a surprise for us and the neighbours .. we had more land in some places ..less in others ..

The Geo-Met men took two and a half days to survey and write the plans up .. because of the lack of bornes taken out over the years, when the land was ploughed etc .

The cost 700 Euro .. which in this case was split between the seller and us .. but really the seller has to pay all the costs.

Moral of the story .. if in doubt get the professionals in .. ours even checked our other boundaries when they were here .. Cadestal is Ok ..but the best way is to have it done properly and it saves any disagreement in the future ..

Rgds

Chris

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Posted by buster-784461 - 3 years ago

I would have thought the notaire goes by the plan of the cadastre - he doesnt actually go and look to see where the owners have put the boundary fence!