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House sale

Posted by philrev - Created: 3 years ago
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5 replies (Showing replies: 1 to 5)

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Posted by wattebled - 3 years ago

Hi,

This seems strange. The commune cannot just sell their domaine publique without if first being declassified to their domaine prive. This involves an enquete publique with a commisioner enqueteur and would take many months to sort out. Also the costs of a boundary dispute between their domaine publique and your domaine prive should be entirely paid for by the Commune.

Time for another chat with your notaire.

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Posted by philrev - 3 years ago

Thanks for replies very useful

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Posted by LornaF - 3 years ago

Just wondered if you have checked on your house insurance to see if you have "protection juridique" If you have , and most policies do , then go and ask advice from another notaire as any further action is covered by your insurance  .

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Posted by Kanak - 3 years ago

Hi Phil,  I have had confusion over parcelles/boundaries every time I have bought, with an error sometimes dating to previous-previous transactions.  If I understand your situation the Mairie says your current boundary transgresses on to public domaine. Is there any evidence on your Acte that the property has ever been borned? Or the limit is beyond the hedge?  It sounds as though the municipality is offerring you this parcel of land at 1€, so I suppose there will have to be a bolt-on to the sale with this parcel added to your area, and possibly extra costs to include this conveyance.  Any neighbour with contiguous boundaries has the right to ask for a bornage, Art 646 code civil, so I can only assume the 'ploughed field' has an edge which the Mairie is entitled to sell.  I think this bornage must be done by a member of the order of geomètres, who alone can register the procès verbal at the conservatoire des hypothèques to have status in law.  If it is done à l'amiable, you will be present, and sign the PV.  However, I think you should go and plead loud innocence, ask for an explanation of the costs, and then suggest that the sloppy documentation done by the vendor, and notaire previously should revert the charges back to the 'guilty', patently not yourselves. There is also some practice which means that if the land has been used in good faith ( have you maintained the hedge?) for thirty years, you can assume rights, but I have not done this myself. The important thing is to set the boundaries. I do think however that  the buyers should have it all signed and sealed for their future security, would there be any possibility of completing with a clause pending????. Hope that helps.

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Posted by moi-383589 - 3 years ago

Have you ever used a gemoetre to mark the proper boundaries? Cheaper than a land survery I would think.