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murs mitoyenne - or not


charnizay
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Hello - I wonder whether anyone can give me an answer to these questions?

Is a dividing wall between the garden of two terraced houses a shared wall when:-

 The wall in question retains the garden of one of the neighbours because the houses are on a descending hill?

 When the wall in question starts actually from one of the neighbours walls?

I would be grateful for anyone who may be able to shed light on this query.

Regards Charnizay

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I replied previously to your madmen thread mentioning a wall.

I no longer post on this forum regarding matters adequately covered in the respective Codes and supporting jurisprudence.

By the way "mur" is masculine gender in french and the juxtaposition of an adjective in the female gender, jars my sensitivities.

http://www.completefrance.com/cs/forums/2576885/ShowPost.aspx

Regards pachapapa.

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[quote user="charnizay"]How rude you are  -  I really am terribly sorry - Charnizay
[/quote]

Sorry if I appeared rude but I did not realise you had moved into another house with a new wall problem.

Regards pachapapa.

P.S. The reluctance to post on land law opinions is a personal decision in effect explaining whilst on your previous thread I was quick to respond but regetably this is no longer the case. But the explanation is simple and easily accessible on the french internet.

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Pachapapa!  -  I am sorry that I overreacted to your first post.

Many thanks for taking the trouble to reply whatever the case.

I do have a new wall problem but in the same house and with the same neighbours.

I apologise for my mistake re:"mur" - I will stay with English now.

Regards Charnizay

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Cheers no hard feelings.

A wall which supports and retains ground belongs to the owner of the supported ground...note in principle.

Similarly a fence along the top of a supporting talus, the slope supporting the ground at higher elevation belongs to the owner of the higher ground....note in principle.

The cadastral plans will if correct reflect the principle.

Cheers pachappa.

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