pachapapa Posted January 22, 2011 Share Posted January 22, 2011 Been awhile since I have had a potential "problème de voisinage", but it looks like I may be heading in that direction. The background is that one side of a "parcelle" shares a "clôture mitoyenne" with a rented property. There is an old overgrown fence with an ash tree supporting it in the middle, the ash tree is on my side of the fence. During the 14 years that I have owned the land there has been nothing to indicate otherwise. Whilst doing a bit of pruning of a lilac bush the proprietress of the adjacent land approached me and talked about the ash tree. She declared that the ash tree had been planted 75 years ago when she was 9 years old and that it was planted in the garden belonging to her parents and she was going to get the tree chopped down. By adding I got her age at 84 and assumed she was either suffering from senility or Alzheimers and would return to her house on the hill to forget idea. But no, she has become quite persistent in collaring me every time I approach the boundary complaining of fallen branches, fallen leaves, lack of sunshine ,etc. I have inquired of several locals who have lived here for 70-75 years as to her state of mind; they all regard her as being compus mentus and rationale to converse with. It is of course my opinion that she is trying to pull my chain and I must admit that her ramblings are really hilarious, so I am looking forward to some entertainment in the coming weeks. Apart from this I received a snotty reminder that I had not replied to the first H1 sent to me at the beginning of december; well I phoned up the Impôt Foncier office and had a chat about the correct filling in of the form. The lad says why dont you pop in to the office the next time you are in town and we'll fill it in together. Bingo, there I am last friday at 2:30 ready for aid & tuition. All fairly quickly resolved, signed up and a photocopy for me. I then professed to have another problem that I hadn't been able to resolve on cadastre.gouv website. The cadastre.gouv site only declares the measurements to be indicative, in other words not absolutely accurate, also not opposable, in other words not receivable as true evidence in a tribunal. By the way I had also popped into the Mairie earlier in the week to get a demonstration of taking measurements on their computer. But back to the official cadastre office demonstration; this is definitely easier as when a page is displayed, a touch of a button puts little red crosses at each intersection point on the screen; saving the hassle of trying to get the mouse cursor just in the right spot; the red crosses give mega jump in added precision to the measurement. The cadastre computer is connected to a proper print out so one ends up with print out at exactly 1/500 of the parcelle and the surrounding parcelles.Well then a comparison between the cadastral numerised plan measurements by me, the secretary at the mairie and the lad at the cadastre office suggest that I may well have a good leg to stand on.[:D] Link to comment Share on other sites More sharing options...
mik Posted January 22, 2011 Share Posted January 22, 2011 If there is a dispute, the only person qualified to resolve it is a cadastral surveyor. Even if you had the most accurate measurements and equipment you cannot solve the dispute unless the two parties agree.Good luck with your "interesting" neighbour. Link to comment Share on other sites More sharing options...
pachapapa Posted January 22, 2011 Author Share Posted January 22, 2011 [quote user="mik"]If there is a dispute, the only person qualified to resolve it is a cadastral surveyor. Even if you had the most accurate measurements and equipment you cannot solve the dispute unless the two parties agree.Good luck with your "interesting" neighbour.[/quote]I replied but it all went up in smoke with the Archant Icon. I'll reply tomorrow if the forum site is working OK again. But strictly speaking the geomètre expert acts on his own authority only when there is agreement between the parties; in case of a dispute under the supervision of the Tribunal; either the Tribunal d'Instance or the TGI depending on the nature of the case. Link to comment Share on other sites More sharing options...
Mikep Posted January 26, 2011 Share Posted January 26, 2011 If she's convinced it's her tree, why not let her pay to have it taken down? When there's money involved, timescales often stretch to infinity . . . Link to comment Share on other sites More sharing options...
pachapapa Posted January 26, 2011 Author Share Posted January 26, 2011 Quiet on the Southern Front at moment, raining and cold, on Sunday I put a piece of chevron in the ground painted bright orange. I'll use it as a survey point and later as a post for THE fence. Despite a second and third coat on monday and tuesday, no sign of indians yet. The post is 20 cms from the cadastral limit on my side of the limit and about 2 metres from her estimation. I have convinced the secretary at the mairie that as the "cloture" has never been established in agreement with the cadastral limits to the parcelle, then it requires a Declaration Prealable. This will take a few days to get organised, in the mean time I learn that an unfortunate occupier of the house that she rents returned from a weekend away to discover that all the locks had been changed, etc, etc; so my adversary has a reputation in the local village. I fancy that the skirmish will do lots to gain me brownie points. Link to comment Share on other sites More sharing options...
pachapapa Posted February 2, 2011 Author Share Posted February 2, 2011 Sorry! The cold weather has slowed developments on the garden limit front. But the visit on Sunday of the two sons with tape and plan from the cadastre indicates that the trees are mine and their measurements indicate that we are broadly in agreement as to the boundary line between the properties. The mother is however the proprietor. Some pics to set the scene.General view boundary;Right boundary neighbour, left boundary commune.[IMG]http://i282.photobucket.com/albums/kk244/pachapapa/SouthernBoundary/S1050026.jpg[/IMG]Closer view of old fence supported by old ash tree;[IMG]http://i282.photobucket.com/albums/kk244/pachapapa/SouthernBoundary/S1050050.jpg[/IMG]Orange post placed at east limit with neighbour, possibly a few centimetres in retreat of boundary but tied to a salient wall.[IMG]http://i282.photobucket.com/albums/kk244/pachapapa/SouthernBoundary/S1050047.jpg[/IMG]View from east with survey pole between wall and support for line, close to "true" limit.[IMG]http://i282.photobucket.com/albums/kk244/pachapapa/SouthernBoundary/S1050042.jpg[/IMG]Agreement,on Sunday, as to immediate cutting of branches at a height of approximately 4 metres to mutual benefit of both parties. Link to comment Share on other sites More sharing options...
Patf Posted February 2, 2011 Share Posted February 2, 2011 Well done PPP!You know, for once I can understand what you're writing about [:)] Link to comment Share on other sites More sharing options...
virginia Posted February 25, 2011 Share Posted February 25, 2011 What a shame you live in such a village. Where we live, people always come to amicable agreements about such matters.Virginia Link to comment Share on other sites More sharing options...
pachapapa Posted February 25, 2011 Author Share Posted February 25, 2011 [quote user="virginia"]What a shame you live in such a village. Where we live, people always come to amicable agreements about such matters.Virginia[/quote]The joys of living in sundaydriverland.[:-))] Link to comment Share on other sites More sharing options...
mint Posted February 25, 2011 Share Posted February 25, 2011 Yes, Sundaydriverland is everywhere if you cared to look!This afternoon, the neighbour had a request for OH which he failed to understand. So, what does he do? Why, yell in a panic for his wife, of course.All it turned out was the neighbour wanted the OH to help her move some furniture which was très lourds! She asked me if I would permeter my husband to help her.Well, this was a nice change from back in the UK where they'd just pluck up your OH and carry him away without so much as a by your leave.As for the furniture she was having moved to her nephew in Bordeaux, the least said the better. It was no more than a load of saloperie! Link to comment Share on other sites More sharing options...
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