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Should loaning out a barn be formalised?


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Bonjour

A London-based friend of mine owns a village house, with a couple of detached barn-like garages, in France.  Her neighbour has no storage space so my friend - who visits the house a few times a year - gave her permission to use one of the garages to store a few things in, including her wood supply.  No money changes hands but she can help herself to firewood if and when she needs some.  She rarely visits in the winter so this offer is not as good as it sounds.

 

I frequently visit the house, to keep an eye on it, and it strikes me that the neighbour is starting to take a few liberties.  Quite apart from using it for barbecues (which renders the ex-conseiller municipale apoplectic on account of the fire risk), she has now taken to storing huge quantities of books, on pallets, which are apparently in transit to N.Africa. 

 

I have warned my friend that she needs to be very careful in case a loose, neighbourly arrangement such as this turns into something more serious.  I know quite a few people who have come unstuck by allowing a neighbouring farmer to use a field and then, after a few years, discovering that the farmer has rights.  

 

Would this apply to garages as well?  Is she going to discover at some point that the neighbour can insist that the arrangement continues ad infinitum?  I have suggested to my friend that she asks the local Notaire to draft out a formal agreement regarding garage use, giving her the right to cancel the neighbour's access if/when it becomes inconvenient, but I am not sure if this is the correct course of action.

 

Naturally, she wants to maintain good neighbourly relations but she doesn’t want to be taken for a ride.

 

Any suggestions, advice, personal experiences??

 

Many thanks

Minou

 

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2 sayings spring to mind

Neither a borrower nor a lender be

Give him an inch and he'll take an ell.

The present arrangement has already failed. An act of kindness is being abused so I would terminate it asap or at the very least insist that all things other than firewood go now.

John

not

 

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I've noticed here how people you think are friends can suddenly change without any reason and become quite hostile. In the interest of peace of mind for your friend,I suggest she either terminates the arrangement and does so on paper sent by recorded delivery as proof or gets a proper document drawn up stating what use and for how long the garage/barn may be used for and it is signed by both parties involved. We've learned,painfully, here that without any written proof you don't have one leg to stand on if push comes to shove.
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