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Steve Last

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  1. I just bought some fertiliser which says it is "3kg jusqu'a 120 pieds". I presume this is the rate to use it, but what is a "pied" in this context?
  2. 2m is marked and the building is outside it. The Mairie granted permission and they didn't object at the time. It's a very small village where the opposition have a lot of influence and the Mairie doesn't want to get involved. The whole thing has a lot of complications ( a chemin d'exploitation has very particular legal status) and the legal submissions on each side are 30 plus pages. Her lawyer is counterclaiming costs and damages for abuse of legal process. We suspect it will end up with some sort of technical arbitrator being appointed.
  3. "If they have little income their costs are probably being met by the State."

    On the contrary, one in particular is one of the wealthiest people in the area and known for trying to extort money from people who pay up to avoid a long legal fight.

    "Your sister in Law made the mistake in defending herself. Let them do all the hard work. They will soon give up."

    Again, I think not: they started legal proceedings and if you don't defend yourself judgement is given against you by default. In our case the initial documents were delivered by a bailiff to an unoccupied second home, and only just found in time to meet the deadline.
  4. There is a 2m wide “chemin” marked on the cadastral. When she bought the house the notaire wrote in the deeds the seller’s statement that it went to two immediate neighbours only. She could put a gate across it if she provided them with keys, and built a pool pump house alongside but not on it.

    3 years later two other landowners sent legal demands saying it is a “chemin d’exploitation” that extends further to their properties, in a narrow gulley obstructed by trees and other vegetation. They say it is 4 metres wide and she must demolish the poolhouse and pay them €10k damages and costs. On their land the gully has a deep ditch where they claim the chemin d’exploitation is, and it is evident that no vehicles could have used the route for decades. This gets into complicated legal stuff about definitions of a chemin d’exploitation as well as ancient deeds and lots of other things which have taken up a year of submissions interchanged between lawyers and goes to court next week.
  5. My sister-in-law is embroiled in a dispute with a neighbouring landowner who initiated a legal action against her. It's a complicated "you blocked my right of way" issue, the details aren't relevant here and she has an English speaking lawyer working for her on it.

    My questions are

    1) whether her legal fees and costs (7500 Euros so far) if she loses are items that are normally covered by the civil liability section of her house insurance.

    2) As she specifically questioned the Notaire who drew up her purchase deeds about the nature of this right of way, would she be covered to take action against him in this event?
  6. Thanks for all the responses - obviously of concern to quite a few people! In our case the siblings/children question . isn't an issue, it is my wife's sister whose house is in the same village as us. She is not married and has no children but wants to leave it to her partner, which is absolutely fine with the rest of the family. However the 60% tax rate was a bit of a shocker. I think if she formalised a civil partnership it might get round that. But clearly it is not as simple a situation as hoped!
  7. Can anyone point to advice on whether a UK-resident owner of a French property (second home) who has an up-to-date valid UK will, also needs a French one? Her intentions in respect of her French property are very simple - she has no children and is unmarried and wishes it to pass to a single named individual. If it is required, is there a simple template available?

    Thanks, Steve
  8. Thanks for the suggestions, we have just had a god Skype conversation with Alexandre Coque of

    Itier's office in Avignon, and the immediate problem has gone away.
  9. Title says it all.. my sister-in-law has just found a summons at her second home, it's about a property / rights of way issue in Vaucluse. Any suggestions for a good lawyer who is bilingual would be much appreciated.

    Also need to know who to write to Tribunal de Grande Instance to request a delay for the hearing (2 months moer is allowed if you re overseas resident

    Thanks
  10. Thanks, and I hope you are right. I've looked at that link and the Government one it sends you to.

    That says "On arrival in the EU, pet owners travelling with their pets would be required to report to a designated Travellers’ Point of Entry (TPE). At the TPE, the pet owner would be asked to present proof of microchip, vaccination and the blood test result alongside their pet’s health certificate."

    My question to Eurotunnel was simply that as the entire tunnel complex is designated as a TPE, where will we physically go to present this information?

    The Eurotunnel manager in charge of Pet Travel told me on Thursday they don't know and will have to look for somewhere off the Tunnel site as they have no space there. So fingers crossed that it's not needed.....
  11. Thanks, and I hope you are right. I've looked at that link and the Government one it sends you to.

    That says "On arrival in the EU, pet owners travelling with their pets would be required to report to a designated Travellers’ Point of Entry (TPE). At the TPE, the pet owner would be asked to present proof of microchip, vaccination and the blood test result alongside their pet’s health certificate."

    My question to Eurotunnel was simply that as the entire tunnel complex is designated as a TPE, where will we physically go to present this information?"

    The Eurotunnel manager in charge of Pet Travel told me on Thursday they don't know and will have to loomfor somewhere off the Tunnel site as they have no space there. So fingers crossed that it's not needed.....
  12. Thanks to NickP for his clarification....

    EricD, I agree no-one knows anything for sure, but I raised this issue precisely to clarify what IS hear-say and what can be verified.

    I had a one-to-one meeting about 2 months ago with my MP Steve Baker who is a Leave ultra ("shop steward" of the ERG) who made a number of statements that I subsequently "had cause to doubt". Baker was the Minister for Brexit preparations until he quit midsummer so is a significant Leave player though his constituency voted Remain.

    Other ERG members have made public statements that on checking back to the sources and from my own professional knowledge I have found to be simply untrue. So the point of the post was to see if anyone can independently validate his statements to me about preparations at the Tunnel as well as comparing them with what a Tunnel executive told me yesterday. I sincerely hope that others who say it will all blow over are right and I am being unduly pessimistic !
  13. YCCMB: I have had similar experiences in past years (and try to avoid the peaks for that reason!). According to the Eurotunnel lady yesterday that would have been their heavy routine not practising for Brexit.
  14. NickP, the reason I queried it was you said " I go through the tunnel by car at least 12 times a year and get CUSTOMS checked occasionally." My emphasis added.

    Having only ever been pulled over southbound for security and never northbound I just wanted to clarify whether some travellers such as yourself had experienced CUSTOMS checks as well. My understanding has been that CUSTOMS checks should not have occurred before, because as you say we are still (today) in the EU.

    But the EU "no deal" advice from November 13 is quite explicit.

    "As of the withdrawal date, controls of UK nationals upon entry to and exit from the Schengen area .... will follow the rules for third country nationals...... UK nationals .... be subject to thorough checks of all entry conditions for third country nationals upon entry.

    As of the withdrawal date.... Luggage and other goods carried by or on travellers entering the EU from the United Kingdom will be subject to customs controls.

    Regards

    Steve
  15. After posting a message to Eurotunnel an executive in charge of Pet and Frequent Traveller actually rang me back rather than emailing.

    Basically they have no more information than in early November but some of their people were meeting DEFRA officials to discuss pets issues yesterday (10th).

    They don't have any preparations in place because they don't know what they need to prepare for, but are thinking about where checks could be done off site as there is no space at Cheriton and are worried about blocking the M20 with tailbacks.

    Went a bit quiet when I reminded her that EU have stated they will have no option but to impose passenger and car customs checks as well as getting the "landing card" extras (where staying, how long, support funds) as well, which could be done by adding to the APIS form, but that needs collaboration with France.

    In passing said she had already got her International Driving Permit. No plans to raise charges this year.....

    NickP, like you I am a Frequent Traveller, as is my sister-in-law with dogs. You mention being occasionally pulled over for CUSTOMS checks. Can you clarify for me so I get my facts straight - we get stopped Folkestone side abut 1 in 5 times for a SECURITY check between the UYK passport booth and the French one. Similarly we have seen vehicles stopped (but never been been stopped ourselves) between the French and British passport checks and again I thought this was SECURITY not customs. I have never made a CUSTOMS declaration in either direction - have you?

    In effect what our no-deal politicians seem to think is that we can walk out of the EU castle but then expect the EU to leave the drawbridge down and the gate open for us. My MP is one of these deluded individuals. With no deal in fact the EU is obliged to shut the gate behind us just like it was before when we were on the inside. The "deal" however bad they may think it is gives us a temporary key.

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