Janedept30 Posted October 9, 2014 Share Posted October 9, 2014 We have owned our holiday home in the Gard since 2005. It is a terraced maison de village. The chateau in our village is used as a hotel and the owner also owns the property adjoining ours, in which the hotel staff are housed. For several years now we have suffered with wet walls when the neighbouring property's plumbing leaks. Each time the owner says it has been repaired. Two years ago we involved the insurance company. They sent out an "expert" who inspected the damage and found the leak in the neighbouring property. The leak was repaired but the expert said that the plumbing was in such a "mauvais etat" the whole lot needed to be replaced. This hasn't happened. This year the expert had to come again when there was another leak and once again he said the whole lot really needed to replaced not just patched up. We spend six months in France (the summer) and six months in England. Since January 2013 the decorator appointed by the insurance company has been waiting to redecorate our hallway and study but the wall (a very thick stone wall) is too wet. We are due to return to the UK shortly and are concerned that once again there will be another leak before the wall has dried out from the previous one. We finally managed to get the owner to meet with us at our house this morning to see the damage and to discuss a solution, He said that there is no leak and that the damp is because it is an old stone house and we must expect it! He was completely impossible to deal with, would not accept the experts report and said he owned the wall anyway and wasn't going to do anything?? (surely it must be a shared party wall?). Where do we go from here? We do not want to get involved in an expensive legal wrangle but the present situation is intolerable. Link to comment Share on other sites More sharing options...
AnOther Posted October 9, 2014 Share Posted October 9, 2014 If the other owner refuses to do anything then I think you are faced with two stark choices, put up with it or take legal action.There may be a third option and that is tanking, a process by which the the wet wall is effectively insulated from the property, the nearest analogy would be a swimming pool liner. Not an ideal solution but better then what you have now.Tanking will cost money but it will be a flea bite compared to legal action and has the important advantage of being virtually instant as opposed to the years a law suit might take, and with no guarantee of success ! Link to comment Share on other sites More sharing options...
Val_2 Posted October 9, 2014 Share Posted October 9, 2014 To be honest I think a legal confrontation will be the only way but first of all you must write to him officially IN FRENCH ONLY for the litige purposes outlining the problem, the reports by the expert and the solution suggested and send it BY AR, no other method as this has to be signed for upon receipt and proof he has received it. You should give him a time limit to respond and explain that you have no choic but to consult an avocat specialising in construction law with a view to getting a judgement made against him to do the repairs. This may have the desired effect and frighten him but you should also be prepared to consult a specialist avocat and you usually get a free consultation to see if they are interested in helping you or not. Be warned though, this may take many years and go through several judgements and even the Cour d'appel if the bloke fights you all the way and it will cost thousands of euros in fees and reports which if sucessful, you will be able to reclaim back. Otherwise I am afraid he will take the view you are not resident and only holiday home owners and british to boot so you can basically "eff orf".Do the letter and see what happens but remember it must be written in french only and send copies to your insurers as well to keep them in the loop. Your house insurance usually has Juridique cover if you have taken it out and they may fund some of the costs for an avocat. Link to comment Share on other sites More sharing options...
Pickles Posted October 9, 2014 Share Posted October 9, 2014 If you have paid for assistance juridique alongside your household insurance, you may be able to get them involved. However, as AnOther has pointed out, the French legal process is utterly interminable and may still not bring you redress in your lifetime. Link to comment Share on other sites More sharing options...
dave21478 Posted October 9, 2014 Share Posted October 9, 2014 A crummy situation.Rinsing this guy through the court (or even trying to, never mind if you win or not) will earn you an enemy for life. With your house sitting empty six months of the year, starting a war with the neighbours wont end well. Link to comment Share on other sites More sharing options...
Val_2 Posted October 9, 2014 Share Posted October 9, 2014 Yes, different situation if you live there full time and can fight back but I wouldn't feel happy tackling him and then leaving the place empty for most of the year. You can appoint a Médiator to listen to both parties before any legal proceedings and is your right or perhaps a visit to the Maire and get him to your house to take a look and get him/her to intervene. Link to comment Share on other sites More sharing options...
Gardian Posted October 9, 2014 Share Posted October 9, 2014 I agree completely with everything that has been said.Val though, is completely on the button with her advice. Its a formal 'shot across the bows' that doesn't cost you anything and just might elicit some action.Having said this, legal action may be the only route to take. I don't know which part of the Gard you're in, but the avocat we're currently using is good and based in Uzes. He'll provide a free initial consultation and give a very candid opinion of your chances. As with many French (particularly professionals), he speaks better English than he lets on! PM me if you want his details. Link to comment Share on other sites More sharing options...
Frederick Posted October 9, 2014 Share Posted October 9, 2014 Janedept 30 wrote : the owner also owns the property adjoining ours, in which the hotel staff are housed. It seems this employer sounds like a guy who also does not give a hoot for the conditions he provides for his staff to live in ...Must be worse on his side of the leak and very bad for his employees to live with They must be frighted of losing their jobs if they say anything ... Whats the name of the hotel ...is it on trip adviser ?..does that also have leaks I wonder .. Link to comment Share on other sites More sharing options...
woolybanana Posted October 9, 2014 Share Posted October 9, 2014 Your house insurance policy should contain assurance juridique, as has been said. Get them to take it up and it shouldn't cost you a penny. They will do all the work and just keep you up to date.Also worth finding out who does own that wall; I doubt he is the sole owner. Just a bully. Link to comment Share on other sites More sharing options...
Gardian Posted October 9, 2014 Share Posted October 9, 2014 It may not follow automatically that you've got 'aj'. With our insurer, it was an optional extra.The other crucial thing is when any such insurance may have started. If the policy didn't come in to effect until after this problem started, then the insurer will say "Non". Link to comment Share on other sites More sharing options...
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