Laurier Posted January 8, 2013 Share Posted January 8, 2013 HiMy friend's French neighbour has asked if he could share our veggie garden with us, we equally sharing the cultivating, digging and maintaining the vegetable garden. The neighbour said he would plant the seeds/veggies, etc. and we would share the 'recolte'.The neighbour has very little land and my friend has 3 acres and finds the idea attractive as it is more than he can comfortably manage, but wants to make sure he isn't involved in any future ownership claim of the land by the neighbour in the event of wanting to sell. At the moment, another farmer cuts his fields twice a season and takes the hay for his horses, i.e. no money changes hands. I'm not sure if this is exactly the same type of agreement even though this patch of land would be in use for the whole of the season.The neighbour has a much larger family so would take the lion's share of the veggie harvest but that suits us just fine as we are only two.Would be grateful to know how to handle this.ThanksLaurier Link to comment Share on other sites More sharing options...
Val_2 Posted January 9, 2013 Share Posted January 9, 2013 Personally speaking I would have a word with your Notaire to see how you stand. Its not just the current situation but the future too as it could actually affect inheritance issues for your family and its not unknown for neighbours to claim land legally after using it for many years. It would be peace of mind to hear it from the professional in this field is my opinion. Link to comment Share on other sites More sharing options...
idun Posted January 9, 2013 Share Posted January 9, 2013 Have I understood this properly. Your friend's neighbour wants to share your veg patch, but this person isn't your neighbour?I'd be careful about this and Val2 gave you sound advice. I hope that your friend's agreement with the farmer continues to work OK, as the farmer is essentially working that land twice a year. Link to comment Share on other sites More sharing options...
Val_2 Posted January 9, 2013 Share Posted January 9, 2013 Its very confusing.Friend's neighbour wants to share OP's garden, but the friend has too much land also and is the neighbour not the OP?? Link to comment Share on other sites More sharing options...
NormanH Posted January 9, 2013 Share Posted January 9, 2013 I think the worry is about the Prescription acquisitive d'un terrainThe idea is that if you have cultivated land for at least 30 years you can then claim it as yours. Link to comment Share on other sites More sharing options...
nectarine Posted January 9, 2013 Share Posted January 9, 2013 When we bought our house we had a spare field in which a neighbour had some horses which keep the grass down. I had enquired with our notaire if this could lead to a future dispute and she said that, as long as neither money nor goods changed hands, then we were fine. The neighbour asked if he could continue to use this field and I have no problem with that, but I said that he would have to ask me every year, which he does. I just have a feeling that this continues to prove that it is our land, not his, and that by the act of asking he is acknowledging that the agreement is only for a year at a time.Happy to be proved wrong, but maybe something like this could be useful? Link to comment Share on other sites More sharing options...
Val_2 Posted January 9, 2013 Share Posted January 9, 2013 I too have heard about a 30year usage leading to an automatic right of use for eternity which includes inheritors as well. However still best to get something on paper in case the OP wishes to sell and finds an obstacle in the way in the future! Link to comment Share on other sites More sharing options...
Laurier Posted January 9, 2013 Author Share Posted January 9, 2013 Sorry, didn't explain that very well. It's my friend's house - I live here at various times throughout the year and help in the garden when I am here.My friend and I grew veggies last year but there is such a lot of land that the French neighbour asked if he could share the gardening and harvest for that particular piece of land, as a lot of it was not being utilised. It would be for the whole season and my friend was wary of it becoming just what you have mentioned, i.e. a commitment cast in stone if and when he decided to sell.The other field is a different story in that a local horse owner cuts it for the hay and my friend does go and speak to him each year.Thanks for the replies - perhaps doing it a year at a time with permission each year might be the answer though to be sure I see that it might be better if he spoke to a notaire.Laurier Link to comment Share on other sites More sharing options...
andyh4 Posted January 9, 2013 Share Posted January 9, 2013 Beware that sharing the produce will be considered as a payment in kind. As suggested this is a job for the professionals. Link to comment Share on other sites More sharing options...
DerekJ Posted January 9, 2013 Share Posted January 9, 2013 If in any doubt.... Don't! Link to comment Share on other sites More sharing options...
PaulT Posted January 9, 2013 Share Posted January 9, 2013 How much is a Notaire going to charge to advise / draw up documents - at most a couple of hundred euros.Save it and when it comes to sell etc suddenly find that there is a problem.There are a whole lot of things that members of the forum can help with but at times proper advice is needed from a professional. This is surely an instance of it being required. Link to comment Share on other sites More sharing options...
NormanH Posted January 9, 2013 Share Posted January 9, 2013 I would say proper advice from a French professional is always needed before major decisions.I think our rôle is to flag up potential problems, and give accounts of our experience, but not to take the place of the correct sources.I would say the same for the many Anglophone websites and magazines. Link to comment Share on other sites More sharing options...
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