New Development problems:

[Gluestick]

After

11 years of relative peace and tranquility our French house is suffering

problems!

A developer has purchased what was grazing lad to the right (from the front) of

my land.

There are a number of serious problems.

1.  Siting of house:  is not according to

permit: As might be expected of a farmer (he is and presently lives elsewhere),

despite having a large plot he insists on siting his new house immediately next

to our land!

2.

Part of the new construction lies on my land!

3.

The local area is suffers a very high water table: the sites (i.e. mine and

his) lie on a reasonably steep hill. Furthermore, the land all slopes from back

to front, therefore ground water and surface water flows, naturally from 

the back to the front and more particularly, as would be expected, down the

hill.

Due

to the developer's unsympathetic excavation of his site, this has caused a

severe Hydro dynamic problem  and

water is now inundating our house: flowing readily into the garage, across the

floor, into the next wall (which is the bedroom wall and the end of the house)

and beneath the tiles.

4. The plan shows the fosse tranchée d'infiltration,

to be sited above our land: and accordingly this would exacerbate the hydro

dynamic water problem, as it will thereafter flow right down through our house

foundation to the lane, below.

5. By undermining (as part of the excavation) my end

wall, this has destabilised the whole house, as it supports the roof; constant

water flood will also impair the integrity of the wall, the mortar and its

foundations.

Now how might I tackle these various problems?

OK, a geometre should sort out the boundary problem:

however, our house has occupied the site for circa 200 years: re-built in fact

circa 58 years ago from a wreck built of torshe by the elderly French gentleman

we purchased from.

As will be seen by looking at the various pics

attached, the end wall (circa  100 years old if not more...) supports the

house and roof.

The illustrations etc will hopefully improve your

understanding.

So, how to I go about sorting this problem? Any

advice and suggestions, please?

Fosse etc: SPANC?

Maire: hopeless. Already seen him. We get along OK

however, he is fundamentally in the pocket of the local farming community!

Plan and wrong siting? Prefecture?

I have written a very precise letter which has been

sent off this weekend by recorded mail demanding signature. Whilst I can read

and write reasonable French language, I employed the services of an expert

translator to ensure my letter expressed precisely, the problems etc.

Pictures Etc:

http://i461.photobucket.com/albums/qq332/PercyPee/FrontElevation.jpg?t=1399235019

http://i461.photobucket.com/albums/qq332/PercyPee/SitePlan.jpg?t=1399235036

http://i461.photobucket.com/albums/qq332/PercyPee/d0f341d4-4673-4dad-8765-15058703015d.jpg?t=1399236979

http://i461.photobucket.com/albums/qq332/PercyPee/France-CarrezDamageEtc018.jpg?t=1399235066

 

[woolybanana]

Household insurance; assistance juridique, which will get the right experts into the right place and sue the 'ugger to hell and back or even remove the development completely, but it may take fifty years.

You will need fotos and detailed letters etc.

[Chancer]

Cant help but I suggest that you change the security settings on your photobucket account, the whole album is visible to the world.

What is the box with all the wire wound résistors for?

What is the rear upright and rotoflex driveshaft off of? A period single seater?

[nectarine]

I suggest you contact the mayor immediately and also get a geometre expert in, he will define exactly the boundaries of your land. A notaire will have details of someone available, but the geometre's word is pretty much law and if the building is on your land then this will be clearly stated. Good luck! I wish I could offer more constructive advice but this is the first route I'd take, immediately.

[Gluestick]

[quote user="Chancer"]

Cant help but I suggest that you change the security settings on your photobucket account, the whole album is visible to the world.

What is the box with all the wire wound résistors for?

What is the rear upright and rotoflex driveshaft off of? A period single seater?

[/quote]

Wot Ho Chancer! Thanks for your kind welcome on the other thread, btw.

The box was a quick decade box, I made to assist in fault diagnosis for our venerable Volvo 940 estate. Now the good thing about this vehicle is the OBD is totally on-board for that version of the Bosch Jetronic Injection.

Problems starting and no power: massively rich mixture. Eventually by first principles, came down to a faulty coolant temp sender; not the temp gauge, but the ECM. Simply, as you know, a thermister (NTC: i.e. internal resistance reduces as temp rises).

The ECM believed the car was in Siberia and the temperature stuck at minus 50 deg!

New part; problem solved.

The suspension arm: can't really remember, other than it was a replacement assembly I sourced for a chum with some form of sports-racing car.

[Théière]

Hi Gluestick, nice to hear from you even if the situation isn't good at the moment [:)]

[Chancer]

Whilst I don't doubt that your string line is exactly on your boundary line, presumably pulled between bornes, it doesn't look like the building encroaches very much at all, its all down to tolerances or inexactitude, your line cannot be exact, neither can their building and it isn't helped by the French on building "exactly" on the boundary or a large fixed  distance away from it.

I reckon in the scheme of things a large building on a large plot which encroaches less than 150mm onto an equally large plot is not going to be torn down for non conformity but that's only my gut feeling, 150mm on the balcony or roof garden on a Parisien appartement would probably be a different matter.

[idun]

This shows that everyone living in France should always read the board at the Mairie every week and see what plans are being requested, there is such a small window to have one's say.

Have you been in touch with the DDE? And as Wooly said, your home insurance should have legal cover on it (I hope it does) and I would be on to them immediately.

[Patf]

[quote user="idun"]This shows that everyone living in France should always read the board at the Mairie every week and see what plans are being requested, there is such a small window to have one's say.

[/quote]

That's what I thought at first, Idun. But Gluestick says the house wasn't as shown on the permit, so it seems that the builder didn't stick to the approved plan.?

[Gluestick]

[quote user="nectarine"]I suggest you contact the mayor immediately and also get a geometre expert in, he will define exactly the boundaries of your land. A notaire will have details of someone available, but the geometre's word is pretty much law and if the building is on your land then this will be clearly stated. Good luck! I wish I could offer more constructive advice but this is the first route I'd take, immediately.[/quote]

Thanks.

The maire is useless: we get along OK, however, it's an agricultural commune and he is hand in glove with the local farmers and the guy developing this site is a farmer........

A geometre will be the next logical step.

[idun]

I realised that, but once anyone round about us was planning something, then I would keep a close eye on it. Asking to see the plans at the Mairie and watch what they do when they are starting to do the work.

And I realise that GS probably lives in the UK and couldn't, which is the great disadvantage of being a second home owner too.

GS certainly needs legal advice ASAP.

[Gluestick]

[quote user="Chancer"]

Whilst I don't doubt that your string line is exactly on your boundary line, presumably pulled between bornes, it doesn't look like the building encroaches very much at all, its all down to tolerances or inexactitude, your line cannot be exact, neither can their building and it isn't helped by the French on building "exactly" on the boundary or a large fixed  distance away from it.

I reckon in the scheme of things a large building on a large plot which encroaches less than 150mm onto an equally large plot is not going to be torn down for non conformity but that's only my gut feeling, 150mm on the balcony or roof garden on a Parisien appartement would probably be a different matter.

[/quote]

The string is a probable boundary line. According to the cadastral plan, our land extends much past the string.

Plus in the excavation, he has de-stablised our -fairly new - fence picquets. Only 50% of the original holes still exist!

Furthermore, if you examine the front elevation, our roof and gutters extend some little distance, too.

All of which does not sort out the hydro dynamic problems; nor the destablising of our wall: which supports the whole roof!

Interesting times.........

[Gluestick]

[quote user="Patf"][quote user="idun"]This shows that everyone living in France should always read the board at the Mairie every week and see what plans are being requested, there is such a small window to have one's say.

[/quote]

That's what I thought at first, Idun. But Gluestick says the house wasn't as shown on the permit, so it seems that the builder didn't stick to the approved plan.?

[/quote]

Precisely, Patf.

[woolybanana]

Gluey, please, have you checked your house insurance for juidicial support? It is the only way forward as the works have already been started and there seems a will in the commune to ignore the protest of Johhny Foreigner!

[Gluestick]

[quote user="Chancer"]

Whilst I don't doubt that your string line is exactly on your boundary line, presumably pulled between bornes, it doesn't look like the building encroaches very much at all, its all down to tolerances or inexactitude, your line cannot be exact, neither can their building and it isn't helped by the French on building "exactly" on the boundary or a large fixed  distance away from it.

I reckon in the scheme of things a large building on a large plot which encroaches less than 150mm onto an equally large plot is not going to be torn down for non conformity but that's only my gut feeling, 150mm on the balcony or roof garden on a Parisien appartement would probably be a different matter.

[/quote]

A small distance wouldn't irritate or bother me: it is the holistic situation. and the utter contempt and arrogance. Also the end of the house (as per my front elevation plan) demonstrates how far the gutters and roof protrude. And have done so for well over 50 years!

Also the undermining of a wall of > 100 years age, will weaken it; as will the continual flooding of water.

[Gluestick]

[quote user="woolybanana"]Gluey, please, have you checked your house insurance for juidicial support? It is the only way forward as the works have already been started and there seems a will in the commune to ignore the protest of Johhny Foreigner![/quote]

Thanks, Wooly; doing this today!

[:)]

[idun]

As a matter of fact I had understood that the plans were not being followed, HOW could one avoid it on this thread!

My french experiences and seeing what happened to others in France has made me very very suspicious of anyone doing anything next to anywhere I live.

I believe you should have been onto the legal part of your house insurance last week as well as contacting not only a geometre but a hussier too as soon as you saw that they were encroaching on your land, I think the word is empietement? Defense d'entrer is rather too late isn't it.

GS you are in a terrible situation and the way your Maire is dealing with this is honteux, even Maires are obliged to respect french law and do their jobs properly.

[Patf]

A similar situation to one we had in our first house here.

There was a very long barn which the previous owner had built too close to the chemin. The Maire said he could force US to pull it down. The last people had got permission, but had over-stepped their limits.

[Gluestick]

[quote user="idun"]As a matter of fact I had understood that the plans were not being followed, HOW could one avoid it on this thread!

My french experiences and seeing what happened to others in France has made me very very suspicious of anyone doing anything next to anywhere I live.

I believe you should have been onto the legal part of your house insurance last week as well as contacting not only a geometre but a hussier too as soon as you saw that they were encroaching on your land, I think the word is empietement? Defense d'entrer is rather too late isn't it.

GS you are in a terrible situation and the way your Maire is dealing with this is honteux, even Maires are obliged to respect french law and do their jobs properly.

[/quote]

Problem is idun, my wife and I were totally unable to leave UK for a time, as various matters demanded our attention. A neighbour telephoned me to advise "This new development seems very near your fence!". Despite my requesting he send me photos, he didn't. English guy married to a French lady.

We had checked the plans at the Mairie last November.

Geometre experte: to be binding upon both parties it must be mutually agreed: I await cogent response to my very formal letter to the man sent express recorded.

The Maire is hopeless: clearly, he in the pocket of the the local farming community: indeed, the previous Maire, to whom I was introduced early on, is a wealthy local farmer. next step, therefore is probably the Prefecture, since they enjoy sanction over developments no in accord with planning rights agreed.

One of my next steps is to file an insurance claim for the water damage; hoping the underwriters will immediately perceive they enjoy subordinate rights to claim their losses from the causer of the problem.

I will be checking the insurance treaty (policy) tomorrow to see if the indemnity covers legal costs.

Presently - between working! large workload at present - I have been researching French property law: and it does seem we enjoy a priori rights insofar as the old wall is concerned, since it is an established matter of existence and no protests for well over 100 years. Additionally, I am checking the scope of servitude rights and etc.

I need this right now like I need a third nostril: c'est la vie !

[woolybanana]

Gluey, however good a lawyer you are in UK, that aint France. A geometre will establish your land parameters, but watch him, a huissier will witness the damage and the assistance juridique will structure the whole deal and fight your rights.

Youm busy, use the resources available, unless....you see the neighbour, threaten legal action, and see how much he will pay to buy you out!

[idun]

GS I had realised that being at your property would be difficult and I do sympathise.

I gave my best advice as I do believe that you really need a geometre and hussier to look at this immediately. If it goes to court you will have officially accepted witnesses, rather than yourself just taking photos. Your photos will have some value, but theirs will have more, as that is how it is in France.

Have you called your local DDE? I most certainly would be calling them and telling them what has happened too. And faxing or emailing with all the info you have including photos.

I do believe that your Mairie should be acting in a proper and moral way and you need to ask at the Prefecture what can be done about this.

Unfortunately you cannot just leave any of this either, ie doing research rather than on that phone and getting people actually onto this.   And there is ITV's Homes from Hell, to consider, or at least mention to all concerned, they really would not like that.

[Gluestick]

[quote user="idun"]GS I had realised that being at your property would be difficult and I do sympathise.

I gave my best advice as I do believe that you really need a geometre and hussier to look at this immediately. If it goes to court you will have officially accepted witnesses, rather than yourself just taking photos. Your photos will have some value, but theirs will have more, as that is how it is in France.

Have you called your local DDE? I most certainly would be calling them and telling them what has happened too. And faxing or emailing with all the info you have including photos.

I do believe that your Mairie should be acting in a proper and moral way and you need to ask at the Prefecture what can be done about this.

Unfortunately you cannot just leave any of this either, ie doing research rather than on that phone and getting people actually onto this.   And there is ITV's Homes from Hell, to consider, or at least mention to all concerned, they really would not like that.

[/quote]

Many thanks, idun.

Apparently it is now called "Direction Régionale de l’Environnement, de l’Aménagement et du Logement (DREAL)."

Having sent my letter earlier (Should have been by now received), next step is to file an insurance claim; then formal complaint to the Direction Régionale de l’Environnement, de l’Aménagement et du Logement (DREAL).

Then over to France and instruct a Geometre and Hussier as recommended.

Many thanks, everyone for your kind and valued advice.

[idun]

Yes, it is, but it is a bit like me, being old still calling my vacuum a hoover and it certainly isn't, I'd like to say old habits die hard, but old brains seem to like familiarity......... or is it just mine that does[Www]

Good luck.

[Gluestick]

[quote user="idun"]Yes, it is, but it is a bit like me, being old still calling my vacuum a hoover and it certainly isn't, I'd like to say old habits die hard, but old brains seem to like familiarity......... or is it just mine that does[Www]

Good luck.

[/quote]

Same here, Old Fruit!

By the way forgot a bit: busy day. Again............................[:(]

I'm hoping the insurance underwriters, fearing cost, will attack the causal reasons for the inundation of ground water in order to limit their -mounting -loss.

They just adore what we call Subrogation. Stick it to the other guy!

[Gluestick]

An update.

Matters have progressed: having written, formally, to the man owning the development site, I have also written to the prefecture.

The other party is now hurrying to reach an accommodation concerning the bornage and has nominated a local Géomètre-Expert.

Whom I have rejected out-of-hand; mainly since I did instruct him a few years back and he was utterly hopeless! Tried to charge me an initial € 1.000,00 merely to provide information I had already researched and gained, gratis, from the Mairie and Impôt!

Farming Commune and Canton; local Géomètre-Expert: hugely incestuous area: no thank you! Needs someone some distance away with no local vested interests IMHO.

Hussiere being instructed after June 10th when we return to la belle to prepare a "constat d'huissier" and also meeting with insurers on site.

Have also received a letter from the other man's architect (also his project manager).

Question: the house was circa 200 years old. The elderly French gentleman we purchased from eleven years ago, rescued the torshe wreck and rebuilt and extended it to its present state. Where might I be able to source all and any building permis applications he must have made?

The Cadastral Plan is very little assistance here: seems the Bureau de Cadastre rarely updates the plans!

Next Question: In France what are the established property rights accruing after, now nearly 60 years? Are there any, all apart from such as Servitudes on easements etc?

Still keeps the febrile brain churning!

[8-)]