Mr Wiggy Posted May 6, 2015 Share Posted May 6, 2015 The house that I bought was actually two houses knocked into one, the front of the house is on the main square while the second part is at the rear and facing the road next to the public footpath. The problem that I have is with the set of granite steps that are the access for this second house. This access consists of a pair of doors which is an ideal second access for me. The problem I have is that there are cracks that have appeared in some of the granite blocks which form both the balcony area and the steps, these are big blocks of 1.45 mtr L x45cms W x.26cms D. This has caused a significant bulge in the side of approx. 3-5 cms. There is also a visible split along the majority of the length of the upper surface of approx. 2cms. This is causing some concern as they are situated next to the footpath. The copy of the deeds was obtained but gives no mention of these steps, so consulted the authorities who claim that these steps belong to the commune which I find difficult to believe. They were then asked if they could repair these steps because of the potential damage that could be caused, they claimed they couldn’t afford to do this, but did offer to demolish them. I refused because they are used as a second means of access through these double doors. The next step was an offer from me to have the work carried out and paid for by myself, they didn’t refuse that offer and agreed for me to carry out the work. At the moment I’m having some other work carried out and when finished will apply for a permission to do the work on these steps. Now my question is, when I get the permission to renovate these steps, would I then able to claim ownership? If I have paid a price of several thousands to make them safe then surely I’m entitled to the ownership of these steps. Link to comment Share on other sites More sharing options...
Val_2 Posted May 6, 2015 Share Posted May 6, 2015 From being a conseilleur municipal here for 13 years my answer would be this. At the moment you say the steps belong to the commune who refuse to pay to have them repaired/replaced so you have offered to do this for them at your cost. This does NOT give you automatic ownership to the steps at all. If you wish to purchase them you must write a letter to the Maire of the commune asking if they would consider transferring ownership or selling to you, these steps and thus taking them out of the commune ownership - that is the first port of call. The matter will then be discussed with the conseil municipal at their monthly meeting and if the Maire is willing, he will put forward a vote to see if they will sell or even transfer the steps to you legally. It needs an overriding vote to do so, the Maire cannot just say no or yes, it has to be voted upon. If you get agreement, you will probably have to pay for the legal fees including a géomètre if required but certainly the Notaire fees to draw up the new papers. If the Maire does not wish to discuss with you this affair, you could go over his head and enquire with the local DDE office in town who have the higher powers of giving permission for building and environmental matters. Whatever you do with the Maire and Conseil, do NOT go in with all guns blazing but write a calm letter (obviously in French stating your purpose). Link to comment Share on other sites More sharing options...
grumpyaudeman Posted May 6, 2015 Share Posted May 6, 2015 Hi Can you post pictures of the steps I am at a loss to understand your problem, is it life threatening Link to comment Share on other sites More sharing options...
Mr Wiggy Posted May 8, 2015 Author Share Posted May 8, 2015 Hi. Grumpyaudeman.There is a possiblity of a section of the steps falling, these cracks have only recently appeared within the last 18 months so at the moment the commune are responsible, not I. Link to comment Share on other sites More sharing options...
grumpyaudeman Posted May 8, 2015 Share Posted May 8, 2015 HiCan you post a picture please Why is the commune responsible Link to comment Share on other sites More sharing options...
Jonzjob Posted May 8, 2015 Share Posted May 8, 2015 I would be tempted to ask just what is the cause of this sudden movement?Photos would be a great help! Link to comment Share on other sites More sharing options...
Rabbie Posted May 9, 2015 Share Posted May 9, 2015 [quote user="grumpyaudeman"]HiCan you post a picture please Why is the commune responsible[/quote]becausethe commune owns them Link to comment Share on other sites More sharing options...
Rabbie Posted May 9, 2015 Share Posted May 9, 2015 [quote user="grumpyaudeman"]HiCan you post a picture please Why is the commune responsible[/quote]becausethe commune owns them Link to comment Share on other sites More sharing options...
Mr Wiggy Posted January 25, 2016 Author Share Posted January 25, 2016 Last September I was approached by a member of the local urbanism committee with a strange request. This was a request to use these steps at the side of my house during the fete just to entertain the young children, basically someone was going to hide behind them then jump out and scare the hell out of the kiddies. I asked why I was being asked if these steps belong to the commune? I was told by this young lady that the request came from the mayor and he had also asked this same lady to investigate this situation, as they the council were unclear about the position of ownership of these steps.As I have a copy of the deeds I loaned this copy to this young woman then last December I gave her a call to ask how things were preceding. For me it certainly was good news, it appears that because these steps have been attached to this house for longer than a thirty year period, in fact they have been there since the early 1900s so there is no question of who own them as they belong to the householder. So all I need to do now is obtain the relevant permission to safely restore them and will then be able to use them once again. Link to comment Share on other sites More sharing options...
Jonzjob Posted January 25, 2016 Share Posted January 25, 2016 Well, that's a step in the right direction and as far as the legalities then go they won't have a stair case [:-))][:-))]Sorry about that. I just couldn't resist it [:$], but good luck with it!! Link to comment Share on other sites More sharing options...
Jonzjob Posted January 25, 2016 Share Posted January 25, 2016 Well, that's a step in the right direction and as far as the legalities then go they won't have a stair case [:-))][:-))]Sorry about that. I just couldn't resist it [:$], but good luck with it!! Link to comment Share on other sites More sharing options...
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