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land dispute


adjh
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I have a property in the Ariege with a small piece of land. A small corner of this land which was not mine has now been bought by my adjacent neighbours, turned into a parking area for their lorry and van. I was not informed by the seller or the purchaser. I was not living at the house at this time.The land was marked out with geometric stakes before this happened.  Should I have been notified by the seller and buyer. It has completely ruined the back garden and potentially devalued the property. Should I have been legally informed and given first resusal by the seller before this sale went through. Has anybody had any experience of something like this before?

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[quote user="adjh"]I have a property in the Ariege with a small piece of land. A small corner of this land which was not mine has now been bought by my adjacent neighbours, turned into a parking area for their lorry and van. I was not informed by the seller or the purchaser. I was not living at the house at this time.The land was marked out with geometric stakes before this happened.  Should I have been notified by the seller and buyer. It has completely ruined the back garden and potentially devalued the property. Should I have been legally informed and given first resusal by the seller before this sale went through. Has anybody had any experience of something like this before?

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It sounds like there was no physical boundary previously, but this really makes no difference. Unless there was an existing agreement covering that plot of land (and it doesn't sound that there was), you had no right to be informed of the sale (although the seller might have been able to get you to bid up the price if he had wished to!). If you find it unsightly, the best that you can do is to screen it with a proper boundary fence, just on your side of the boundary.

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neighbours are not informed of anything in France until an official notice is affixed to the boundary of the property in question and this is usually regarding a Permis de Construire and the neighbour(s) have two months from the date of the notice in which to make any objections if they wish. In this case, your neighbour had no obligation to inform you of anything although to be a good neighbour and keep relations sweet I would have thought they could have mentioned it. You also say you were not living there, therefore how could they inform you? You do not have first refusal rights to anything inyour commune, the Mairie has that right called droit de pre-emption!
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[quote user="adjh"]Should I have been notified by the seller and buyer.

No

Should I have been legally informed and given first resusal by the seller before this sale went through.

No

[/quote]

Would you have been so informed if the land were in the UK, of course not so why would you expect to be in France ?

Dave summed it up with tough titty and the same if it has devalued your property, it's effectively the same as if somebody builds or extends a property and in doing so spoils somebody's view, the law does not recognise such personal and unquantifiable things.

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LOL Chancer, I'd had forgotten that expression 'well and truly 'told'. And I wished I had remembered it, as that is exactly how the majority of french people I knew were, extremely forthright, shocked me at first, but I got used to it and I think some of it rubbed off.

Only got to watch Neighbours from Hell to see this sort of thing happens in the Uk, and it certainly happens in France. All I am wondering is IF that plot now has a commercial use, ie the lorry, and maybe the Mairie could shed some light about that?

If it were me, I would be having a fence up on my land and some trees planted to hide it all.

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Perhaps the OP being well and truly told means that it leaves no uncertainty of what the position is. Perhaps the point raised by Idun is the only possible recourse if it does not have planning for commercial use - however, something that is currently going on near to where I am would not give me hope of any outcome other than the current situation.
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  • 2 months later...
The OP doesn't say whether s/he was (and in view of the unsympathetic posts might never tell us), but s/he should have been present when the geometer came to put the bornes there - I think the OP implies that the small plot actually bordered his/her property.

Of course if s/he was there it's possible he might have asked what was going on .....

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