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Contesting a Permit to construct


JGers
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Gosh I'd be outraged, you certainly should sue your lawyer. Methinks skulduggery too, but then I am cynical.  Maybe you could go to the papers? A story to tell, but you might end up shooting yourself in the foot with the Maire,  I would be tempted but now I am slightly more wise.

At the end of the day you should have a few glasses (bottles maybe!) and then live with it.  Life is simply too short.  Are you happy, healthy and now probably alot more wise?  These things are more important in life.

Deby

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[quote user="Deby"]At the end of the day you should have a few glasses (bottles maybe!) and then live with it.  Life is simply too short.  Are you happy, healthy and now probably alot more wise?  These things are more important in life.[/quote]

Deby ............

Absolutely right.

Our neighbour (he feels bad having put me on to this lawyer, we feel bad that it's all gone ****-up), is scratching around with everyone he can lay his hands on for a possible 'straw'.  There isn't one.

Actually, the 'buy the land' advice from Ernie might just be a possible avenue.  The land owner is skint and is only going to sell the plot to another developer for construction.  With the market the way it is and the site-clearance work that would be required (100+ established oak trees) + no utilities in place, the owner might be open to a reasonable offer.  The malpractice insurance claim could go a fair way to meeting that.

Trouble is ................... we'll have to employ another bloody lawyer !!!!!!!!!!!!!! 

Never a dull moment.

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Actually, the 'buy the land' advice from Ernie might just be a possible avenue.  The land owner is skint and is only going to sell the plot to another developer for construction.  With the market the way it is and the site-clearance work that would be required (100+ established oak trees) + no utilities in place, the owner might be open to a reasonable offer.  The malpractice insurance claim could go a fair way to meeting that.

Trouble is ................... we'll have to employ another bloody lawyer !!!!!!!!!!!!!! 

Never a dull moment.

Gardian

Like Deby, I too offer my condolences. 

If you are able to buy the land then I would say "go for it" you would at least have peace of mind. It sounds as though the story would make good material for a book! Now there's an occupation for the winter months and if published would help fund the purchase costs.[:)]

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[quote user="Cendrillon"]

If you are able to buy the land then I would say "go for it" you would at least have peace of mind. It sounds as though the story would make good material for a book! Now there's an occupation for the winter months and if published would help fund the purchase costs.[:)]

[/quote]

Cendrillon .........

Thanks.  Ernie's suggestion got me thinking and more or less simultaneously, in comes an email from our avocat formally admitting liability. 

Accordingly, I've written back outlining the grounds for a substantial malpractice claim, but proposing that his insurers enter in to negotiation with the land owner with a view to purchase of the land as settlement.

It's a long-shot, but nothing ventured ............  It's 10-1 at best, but funnier things have happened and there'll be a few longer priced winners at Cheltenham!

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  • 10 months later...

Some good news, which might be of interest.

Absolutely nothing happened until about 2 months ago, when the landowner turned up with an immobilier to take some photos of the plot. This put the wind up us and our French neighbour and we decided that we'd ask for a meeting with our newly elected Maire. This we duly did and gave her a complete dossier of the history of the dispute: original documents re non-constructible, petition by the residents that had been ignored by the former Maire, issues with the submitted PdC. She (the new Maire) said that she would study everything and get back to us.

In the meantime, I decided that I'd better ask for a refund of my fees (+ interest & costs) from the lawyer who messed up our appeal and lodge our case for damages with his professional malpractice insurers. No reply to my letter. After 5 weeks, I wrote again (copying his Bar Association in Nimes) saying that I hadn't had the courtesy of a reply. I received his cheque by return. [:)]

Still nothing heard from the Mairie (despite a chasing letter 2 weeks ago) and for the last 2 days, the landowner has been clearing some of the undergrowth, perhaps in the mistaken impression that doing this constitutes making a start on the building work. (It doesn't - a recent Court ruling said that you have to have started building work properly within the 2 year validity of a PdC.)  Accordingly, I went to the Mairie this morning to see if any news.  Saw the Maire and she said that she had phoned the Prefecture last week and the PdC has been suspended - she had no further details, but would write formally to us and the landowner just as soon as she receives the documentation.[:D]

So ........... it all starts to look promising. I suspect that the PdC will be suspended (rather than revoked outright) pending it's review by the Conseil - that will at least enable us to submit our objections formally. The key thing is that the new regime at the Mairie seems to be on our side, or at least not against us.

Sorry that this is rather lengthy, but it might be of interest to some. 

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