charnizay

Hello - I wonder whether anyone can give me an answer to these questions? Is a dividing wall between the garden of two terraced houses a shared wall when:-  The wall in question retains the garden of one of the neighbours because the houses are on a descending hill?  When the wall in question starts actually from one of the neighbours walls? I would be grateful for anyone who may be able to shed light on this query. Regards Charnizay

Hello  -  I have SFR and it is a good connection, no free calls to mobiles though. There is a loyalty thing which gives one a few free calls to French mobiles. I do not pay France Telecom, SFR pay that. I pay £36.90 per month and the speed is good for me out in the sticks. I have free calls to the UK and most other countries as well as a good email service. I actually think that Orange, because they have an English speaking help line (if you can get them to answer)  may be marginally better, but when I came down to making a choice, and I made a lot of research, SFR was the best. Their online chat spoke English and I have had no problems since joining up, I had big problems with Orange in the UK. At the end of the day I think if you are in a non degroupee zone then you do not have a lot of choice. Good luck. Regards Charnizay

Hello again - I had not considered the inheritance issue but I guess that with the signed approval of the other child things could go ahead? I have no desire to disinherit any of my children although I think it must appear that way. I may have to take these steps to alleviate present financial hardship[+o(]. Would any of you know if there are any other ways that I could cut the running costs of a maison secondaire? I think that I can remove furniture and avow to the Mairie that the house is empty, cut the water, electricity, and internet/telephone services - but is one still liable for other taxes? Regards Charnizay

Good morning - For Chancer - No my son is not my only child, I have one other daughter and 1 grandchild. This is a problem? Thankyou to all for info given, so interesting and useful. Regards Charnizay

Hello - Can I give my French house to my son? If this were possible then I would like to do it to cut my costs. My son is willing to pay all taxes but only if he "owns" the house. [:)] Regards Charnizay

Hi - Many thanks (to all) for such a prompt reply but my problem seems to be that I absolutely cannot get on to any site that has the "dreaded" sfr in the address - I have been "at" this for a couple of days now and the web addresses that you so kindly gave me will not GO on my computer (they time out). I am presently trying to access my email from my daughter's computer in London but she is not available at the moment - OOher!! Thanks though. I was given an email address but my virgin will not send it?? why?? I am beginning to feel that sfr have "sent me to Coventry". :)

Hi  -  Does any one know of an email address that I could use to contact SFR. I need to file a query regarding the failure of their email service and it is seemingly impossible to find any contact point except for a telephone number which is not useful for me because of language limitations. Regards Charnizay

Hello everyone - I just cannot get on to them, guess I'll have to go somewhere else and try. I cannot imagine what the problem can be. I am trying to get sfr from two separate computers but the connexion times out on each computer and I have tried going the "google" route to go to home page at sfr but still no luck. Anyone got any ideas? Regards Charnizay

Oh you are lucky - I wonder what's up then? I have been trying since Sunday pm, I am in the UK now but would like to access my sfr email account - this has never happened before, I have tried more than one computer but it looks as if the access from here is blocked or something?? Charnizay

Hello  -  Is SFR down? I cannot seem to access my sfr email from my computer here in the UK, I don't normally have a problem. Charnizay

I was informed of the French Civil Code by a helpful person on this forum it is article 692 - to doing with servitudes,  http://195.83.177.9/upl/pdf/code_22.pdf    Hopefully this link will take you there. Maybe it will be of help. Regards and good luck.

OK - the wall is 10 metres in length and would appear to run straight from the back wall of my neighbour's house up to where my cabine begins. At that point the wall stops and there is the gate on my property. The west small shed of the neighbour was an ancient, large rabbit house since demolished so if there is any change of direction it would be at that point. I cannot honestly say that any deviation in direction shows to the human eye. I simply cannot afford to employ the services of any expert presently, I have to sort this myself. My neighbour has said she will bear any costs involved to prove that the land is theirs but "oh la la". My husband agrees fully with your pretensions. I have written to the notaire who supposedly said it was ok for them to make the planting but he says nothing/answers none of the questions, and wants us to meet up at his office with our deeds, this cannot happen until September at least and then I wonder just what it would achieve. Regards Charnizay

Hello again and also again many thanks. I will now carry out some research into all of this, I feel on a much more secure footing thanks to your efforts. I am not so worried by having the right of way over the path at the back but nevertheless it is useful to know this and maybe we will need to exercise our full rights, also it is good to have things down correctly. I have been reluctant in the past to involve my friends and neighbours in the village by asking questions but I think that I will discreetly ask now, the behavoir of my immediate neighbour has been witnessed by others and it has been made plain to me that it is "dissapproved of". I will also write to the notaire and try to ascertain if it is the truth that he "gave permission" for this piece of land to be used, this should prove interesting if it is the truth, also I may discreetly mention the code civil and that I will be tracing the history of the properties involved. As far as the history concerning the gates goes then I can tell you that the 1st gate that we blocked off was used by the old lady (mother) who lived there to go and take meals in the next door property. There was also a large drainage pipe evident to conduct rain water under the house next door and out into the gutter at the front, we have since redirected it.This gate was put there when the properties were separated. The gate at the end of the garden was placed there when the parpeign wall was constructed, there is also a concrete step down onto the triangle, again this was used by anyone who visited the house to gain access out onto the communal road, it is a short cut to the village shop and also to a large piece of garden now owned by our errant neighbours, plot 90 on the cadastre. In the past when the Mairie's secretary or the Maire himself, or any other neighbours have made visits this access point has been used. We tend not to use it very much as we have access at the front of the house. however it would be exceptionally useful for us to be able to legally use this for delivery of logs, gravel, and clearing the garden waste, we have long leyandii hedges which make lots of debris and it is very inconvinient to lug all the rubbish through the house. I don't know if you would like to be kept in touch as to what the notaire says, or if you would like me to update you, I would be pleased to do this - but for now it seems that we have reached a natural break. I want you to know that I very much appreciate your help, thank you. Regards Charnizay

Hi - Wow!! that was very interesting. I looked at the transalation and it would appear that maybe we would have a right of way over the path out into the communal road. We have used this path with the permission of the neighbours who own plot 60 to clear ivy and bring gravel into our garden. We have used the old gateway that was there when we purchased our house (and is still there) and when we meet up with the other neighbours (60) the little gateway has always been used. The other neighbours (61) have either been on holiday or absent on these occasions, or even not in ownership of the house, we are aware that they have sensitivities about us being in attendance so we try and avoid them. I am sorry but I think that I may have made an eror in the dating of the separation of the properties, it was possibly the 1980s but maybe this is not so important? The two properties were very strongly linked even to the extent of having the electricity supply "shared" between them by dint of passing a cable through a hole in the party wall to supply a lamp for the use of the Mother who lived there. Am I correct in thinking that the "destination du pere de famille" is part of the civil code? Also what would be my next move? Should I write to the notaire who supposedly gave my neighbours "permission" to plant/claim the piece of land? This notaire has been notified by myself that there is a dispute over the piece of land but seems reluctant to actually do anything, it was very difficult to even get any response from him, but he knows and has been sent a copy of the relevant cadastre. I am prepared to write to the notaire quoting the situation and quoting the "code civil" if it would be of use. I am also sorry that the "threads" are confusing but I am unable to understand just what that actually means - sorry though. I will say again many thanks for all the info that you have given me, it has certainly helped me to look afresh at a situation where I was rapidly sinking into despondency and seriously thinking of selling and pulling out of my French adventure, which I may add up until now has been very enjoyable. I have found friends and exceptionally good people in this village. It would seem silly to allow one bad apple into the mix. Regards Charnizay

Hi - You appear to be seeing the situation correctly except for the fact that the wall (as shown on the cadastre by an unbroken line, terminating to the north east end of my cabine) does in fact finish approx 5 metres before that, at the end of the furthest east small yellow block in plot 61, (no longer there but replaced by my neighbour's water tank). The wall of my cabine has no structural value except to the cabine itself and we are allowed to demolish this should we so wish, I have checked with the Marie. The cabine was probably built in the mid 18oos. I think that the wall shown on the cadastre as the dividing line between plots 61 and 62 was built in the 1950/60s when the two houses were separated by the one old owner, it is a parpeign wall and would look to be a hastily and scrappily built affair, unfinished and inadequate. There were also two gates through this wall to allow access for members of the family to go freely between the houses. We have sealed off the 1st gate to the next door's yard but left the other gateway open as this leads on to the triangular piece of land which we see as ours. This gateway is the gap between the north/west corner of the cabine and the black dividing line.  Although the two houses were owned by the same family they are separate buildings built at different times and fully independant of one another. We have owned plot 62 since 2004 and the owners of plot 61 have owned theirs since 2008, previously the string of owners did never interfere in any way with us and the other neighbours who own plot 60 also say that we own the triangle of land, but this is "hearsay". The cadastre is very clear as to the ownership of this small triangle - do you think? and rather than demolish my cabine at the moment I would consider making a "divide" between what we see as ours and they see as theirs but presumably this ownership will have to be established by someone, a geometer possibly. My neighbour said she would consider using a geometer to establish this but when I stated that I would not bear any of the costs she appeared to back down, as it were. It seems incredible that a neighbour can behave in this way and then force us into a "meeting" at the Mairie where we are very disadvantaged and not on first names with any of the officials there. I know that I should give up all claim in the interests of detente but like I said before it simply is incredible that someone can behave in this way. Again thankyou for bothering to keep in touch, I look forward to your comments - Regards Charnizay Complicated huh? you must relish a challenge?

Hello - I am sorry for my delay in answering you. The wall of my cabine makes me step out of my garden towards the east, the strip then continues to runs eastward for approx. 5 metres - tapering to finish at the north east end of my cabine. In my opinion the triangle has a .50m base ( running north/south) and tapers eastwards for approx 5 metres to finish at the north east end of my cabine. I have photographs but unfortunately do not not know how to present them?? Many thanks for your attention in this paltry matter but there are many matters to consider in this - what's next? - The stone degradation due to watering, the stone is very soft limestone and when wet/freezes and seriously delaminates and degrades - and the fact that before now for the past 4 years no attention has been given to this land, this feels like an attack upon me, I have made efforts to keep down the weeds and attended to the general tidiness - also I will want to renovate the wall soon and how can I possibly arrange this without damaging my neighbours efforts? - I keep under control the ivy which grows upon the roof of the cabine and again if this "garden" goes unchecked then what? You are very kind to spare your time - I am very grateful, Regards Charnizay

Hello again - There is a wall which stops as the cabine begins and then there is nothing, we have to step outside of our garden to actually access the tiny strip of land. We did make a tape marker a few years ago, from the end of the wall to the last point of the cabine, but nothing was mentioned so we took it down. The discontinuous lines between 60 and 61 show a shared path between 61 and 60  which allows them to gain vehicular access to a communal road. Number 63 also has servitude over this path, but the yellow block is not her garage it is a garden shed. The two buildings shown on no.61 no longer exsist but have been replaced by a lean-to shed which runs approx in between the old buildings. A little difficult to explain but hope it has helped. Regards Charnizay.

> Centrer sur la commune > Centrer sur la feuille X :   Y : > Mémoriser ce zoom> Zoom mémorisé> Zoom précédent Please do not break your sides laughing when I tell you that my parcelle is no. 62 and the piece that I am fussing about is the triangular piece that runs along the yellow shaded cabine to the rear of my garden. I know it is tiny and not probably worth bothering with, but in view of the unpleasant manner of the neighbour and the fact that his watering of this strip will/has already undermined my cabine wall I am seriously thinking about defending it. He is no. 61. Regards Charnizay. Feuille 000 AC 01 - Commune : CHARNIZAY (37)

Hello again - I wonder about a lot of things! - But one thing that I am preoccupied with presently is whether a newcomer into a small French village is able to order about and make false claims over the (surely) irrefutable cadastres as published by the www.gouv.fr web site. This objectionable person also breaks all land speed records by sprinting up to the Marie to get his complaints heard, it is actually quite funny if you are not on the receiving of his actions. I am beginning to think that maybe I will offer for sale tickets to the next debacle, which should be happening about December. Again - many thanks for prompt replies - whoever you maybe, Charnizay.

L'acquereur profitera des servitudes acitves dont peuvent beneficier les biens vendus. il supportera les servitudes passives, apparentes ou occultes, continues ou non pouvant grever ces biens, le tout a ses risques et perils et sans recours contre le vendeur, et sans que la presente clause puisse donner a qui que ce soit plus de droit qu'il n'en aurait en vertu de titres reguliers ou de la loi le vendeur declare a ce sujet, qu'il n'a cree, ni laisse creer aucune servitude sur les biens vendus, a l'exception de celles pouvant resulter de la situation des lieux, de la loi ou des regules d'urbanisme en vigour ce jour Hello - Can anyone tell me what this means? it is from my acte authentique and I wondered if it said that I have the permission/right to use a small path that always was used by the previous owners of this house. The neighbouring house has forbidden me to use it and has "claimed" the piece of land which would allow me to access the path, I have posted about this "false claim" previously. Charnizay

Would your Mairie be able to help you? from experience I have found that if you go there and lodge a complaint then the Maire will intervene and try and help. Your neighbour sounds like he doesn't quite know the protocol of dealing with English owners, mine certainly don't, but on the occasions when my neighbour has wanted to have a "show down " as it were, with me he has rushed headlong to the Mairie and the Maire duly trots down and we have it out, either there and then or by a meeting at the Mairie or by e-mail.  there is a "droit d'echelle" meaning I think that neighbours can access neighbouring land for maintenance purposes but I am beginning to think this is not exactly a right as such, but a foundation for a jolly good fight - good luck with your neighbour, but be warned - things are against you. Charnizay

Many thanks "pachapapa" I am not eager to incur any costs concerning this matter and in fact at the end of the day I may allow my neighbours to have the piece of land, they may even prove that it is theirs - stranger things have happened. My neighbour has said that she would bear all the costs for them to obtain this proof, so again I am very reluctant to actually do anything that may cost me. The piece of land in question is small and I think that the neighbours will not attend to it once they feel that they have caused me enough grief, to have to part with cash would be the last straw. I was curious to know if the "ACTE AUTHENTIQUES" were available to all and sundry and what the normal behavoir would be at an informal meeting at ones local Mairie. Again many thanks I have been impressed by the level of interest shown by all. Also I had thought that my neighbour would behave in exactly the way that you suggested, they seem to be very tricky. Regards Charnizay.

Many thanks "Val_2" I am not eager to incur any costs concerning this matter and in fact at the end of the day I may allow my neighbours to have the piece of land, they may even prove that it is theirs - stranger things have happened. My neighbour has said that she would bear all the costs for them to obtain this proof, so again I am very reluctant to actually do anything that may cost me. The piece of land in question is small and I think that the neighbours will not attend to it once they feel that they have caused me enough grief, to have to part with cash would be the last straw. I was curious to know if the "ACTE AUTHENTIQUES" were available to all and sundry and what the normal behavoir would be at an informal meeting at ones local Mairie. Again many thanks I have been impressed by the level of interest shown by all. Regards Charnizay.

Many thanks "idun" I am not eager to incur any costs concerning this matter and in fact at the end of the day I may allow my neighbours to have the piece of land, they may even prove that it is theirs - stranger things have happened. My neighbour has said that she would bear all the costs for them to obtain this proof, so again I am very reluctant to actually do anything that may cost me. The piece of land in question is small and I think that the neighbours will not attend to it once they feel that they have caused me enough grief, to have to part with cash would be the last straw. I was curious to know if the "ACTE AUTHENTIQUES" were available to all and sundry and what the normal behavoir would be at an informal meeting at ones local Mairie. Again many thanks I have been impressed by the level of interest shown by all. Regards Charnizay.

Does anyone know, or would be prepared to tell me, if there is a recognised way of behaving when summoned to the Mairie for an informal meeting in an attempt to diffuse a boundary dispute? Not only was my usage and knowledge of the French language sadly lacking but I observed that our ""opponents"" were on first name terms with the Maire and were seen to exchange "bisous" - is this correct? Does it indicate that we are automatically disadvantaged? I observed that the Maire himself behaved in an exemplary fashion, and he was possibly manipulated by the other guys, but nevertheless I felt that the meeting was "loaded" and not in my favour. I have an ongoing problem with these neighbours and for the past couple of years have chosen to ignore it and simply tolerate them, but they have now planted up and "claimed" a small piece of land which is kind of "the straw that breaks the camel's back", as it were.  The cadastres show that the parcelle of land is ours but I understand that these maps are contestable! I have "allowed" the people in question to use the land until December because he appeared to be worried about his tomato plants - despite having a huge garden, but come December what will happen?? This agreement was made at the Mairie but we have no record of it despite my request for the Maire to email me with a record of the meeting. Because of their past behavoir I do not feel very inclined to help them to prove that the land is in fact theirs!!! As seems to be the scene at the moment. The neighbour has requested that I send her my acte authentique which I could, but I do not want to send it, and I also feel that she could ask her notaire to do this rather than telling me to "hurry up" and get the matter settled. I sincerely hope that I am not misunderstanding the French way of "doing things" but I would greatly appreciate a second opinion - any comments would be appreciated - thanks in advance.