Garden interlopers!!!!

[pknuts]

We own a walled garden detached from our house, down the lane about 200yds away. The house is a maison secondaire, soon to be a permanent home. It has become evident during renovation that a "garden fairy" is using the garden to grow fruit and veg and has even opened up the ancient well and rigged up a Heath Robinson affair with a bucket to enable the said fruit and veg to be watered. This happened about two years ago after some months we were unable to get out.  However, we now wonder if in France a person can lay permanent claim to the garden after a period of time. Beside which, we really would like our garden back for ourselves. Any help appreciated.

[clarksinfrance]

Yes they can IIRC it is after 30yrs of unopposed peaceful occupation. I suggest you firstly speak with the interlopers, then the maire then if all else fails a notaire.

[odile]

Personally I think it would be great if you could get to know the gardener and  be friendly. Say you admire her/his efforts - but then explain you will soon be coming to live there permanently and always had plant to start a veg/fruit garden - and sadly will have to ask him/her to let you take over. If you can avoid confrontation, wouldn't it be fantastic - and lay good foundations for local friendship. Maybe the place is big enough to let him/her keep a bit of garden - perhaps in exchange foe help with French, or gardening, or pet sitting, whatever. Bonne chance

[Quillan]

Or alternatively wait till the veg reach maturity and eat them [;-)] . Its unlikely the mayor will do anything as its a private matter, you would probably have to involve the police/gendarmes so the wisest choice is to take a bottle of Whiskey (they seem to love Whiskey for some reason), sit down and have a chat as already suggested. If your not such a good gardener you could let the person carry on and you could take a percentage of the crop as a form of payment. If you do this it is also wise to make a written form of agreement preferably via a notaire just to save future problems. You could rent it for cash in the agreement but then take veg in place of the cash. Nice fresh naturally grown veg, yes please....mmmmmmm.

When my neighbours chickens ate my salad crop the mayor said that if the chickens eat my salad then I should eat the chickens, great help but there you go.

[pknuts]

Thank you for reply which is helpful. Please could you tell me what IIRC stands for? I am relieved it is a period of 30 years. I believe it is 12 years in England and thought perhaps it may be shorter in France. I am going out soon and will endeavour to find out who is using garden but suspect it is a near neighbour who is extremely resourceful as he has planted willow to make paniers and repair fences, peach trees, strawberries and every other veg known to man! As we are vegetarian I feel sure an 'arrangement' can be reached! Many thanks.

[Clair]

[quote user="pknuts"]Please could you tell me what IIRC stands for?[/quote]

If I Remember Correctly

[Pierre ZFP]

IITYWTMWYBMAD ? [:P]

 

IIRC = If I Remember Correctly

These and many other common acronyms HERE

EDIT:  CBMTIA   =   Clair Beat Me To It ......Again

 

 

[pknuts]

Ahhhh!! I am an eejit. Thanks.

[odile]

Bon appetit. I really hope you find a good sharing strategy, both in veggies and knowledge + friendship with one local = possible friendships with lots of locals. A positive attitude to your neighbours enterprise could be the key to a happy life (that awful word.integration!). Tell us how you get on - would love to know how the story ends (happily I hope/.

[Quillan]

[quote user="pknuts"]Thank you for reply which is helpful. Please could you tell me what IIRC stands for? I am relieved it is a period of 30 years. I believe it is 12 years in England and thought perhaps it may be shorter in France. I am going out soon and will endeavour to find out who is using garden but suspect it is a near neighbour who is extremely resourceful as he has planted willow to make paniers and repair fences, peach trees, strawberries and every other veg known to man! As we are vegetarian I feel sure an 'arrangement' can be reached! Many thanks.[/quote]

I was not going to say anything else as its all been covered but when I read this and in particular the bit I have emboldened and italicised it got me a little worried.

Why would somebody go as far as planting peach trees, I mean the last I looked they were about 30 Euros each and quite small at the price. I don't know the size of the ones the person has planted but it seems they are in for the long haul which makes me wonder if there is some form of 'legal' claim that the person has. I mean if not you would be in your rights to just cut them down and the French don't like wasting money if you get my drift.

Having said that I would have thought that the notaire would have spotted this when you bought the house although never being in a similar situation myself I don't know if this is mandatory for the notaire to discover. In short a very friendly word with the person concerned and a little investigation might be called for before taking any action or offering any deal.

[BIG MAC]

Is the garden identified in the documents for the sale? Is it possible that it was available but not included in the schedule?