Jump to content
Complete France Forum

Boundary issues - problem neighbour


Bibsta

Recommended Posts

Few issues with a very unfriendly neighbour, briefly:

1: We have a house in Brittany (22) with a courtyard at the front that has to be accessed across the neighbours small triangle of land. When he parks his car, he allows very little space for me to drive my car out on to the public road. When asked if he could move his car back 50cm, he refused. In theory my land is in an enclave. 3.5m width is not enough space to reverse out which is also dangerous.

2: Any law regarding access on the neighbours land to paint my wall (a 4m width of my rear wall is in his garden) Told me never to go into his garden.

3: This neighbour was very un-polite to leave a letter in my post box without speaking to me about a tall tree (15-20m high) and left for his main residence. He quoted Article 671 du Code Civil. I took immediate action and had the tree cut down to about 1m high above his garden level to comply with Article 671. This tree must be more than 30 years old (we have owned the house for 13 years, the previous English owner about 14 years and tree has always been there) I was advised by the Estate Agent that there is a 30 year rule which prevents the enforcement of Article 671 - is this correct? He has owned his property for as long as me and the previous owner have owned our house and has never raised an issue before up until now (July 2015). We have other mature shrubs on the boundary which are maintained to below 2m high.

Any comment or advice would be helpful. The other French neighbours who we have a superb relationship with and are extremely friendly describe our neighbour as "mechant" - nasty and malicious which just about sums him up. I am contemplating taking legal advice and I did speak to the Mairie but without much success.
Link to comment
Share on other sites

If 3.5m is not enough space then what about every road that you drive on, the lanes are either 3.5m or 3m.

 

The commune has just spent a million Euros relooking the road outside my place, all done using specialist consultants in voirie, poids lourds pass all day long and there will be at least 4 convoi exceptionelles a day, the width of the road is now 6m, 3m per lane, more than enough for 2 maximum width vehicles to pass each other.

Editted, regading "reversing out which is dangerous" if you are reversing out on to the public highway you should not be doing so, OK I know everyone does, for me to reverse out now is dangerous with the new layout which was designed to restrict visibility to (not) slow the drivers down, I always reverse in to my car park and drive out, the day there is an accident I will be clean.

I think you will have to change tack and try and gain a concession from him, make him feel that he is doing you a favour and that you are reconnaissant, might well be impossible as you have described him but you are on a hiding to nothing legally protesting that 3.5m is not enough width.

Link to comment
Share on other sites

[quote user="Bibsta"] In theory my land is in an enclave. 3.5m width is not enough space to reverse out which is also dangerous. [/quote]

Like Chancer I too am having difficulty in understanding your post. Have you, by any chance, missed out a word here : 3.5m width is not enough space to reverse out

Should there be an 'of' after reverse out ? Do you mean that you cannot turn round whilst on your land so that you are having to reverse out of your property ?

Have you tried reversing into your property, so you can drive straight out ? We have to do that as OH and I live in a very narrow chemin with a restricted access to our property.

[quote user="Bibsta"]

The other French neighbours, who we have a superb relationship with and are extremely friendly, describe our neighbour as "mechant" ... [/quote]

That can happen anywhere I am afraid. Again as Chancer says do try appealing to his (hidden) better nature before taking legal action as it just might make your life easier in the long run.

Sue

Link to comment
Share on other sites

The guy clearly has a serious personality disorder, probably an inferiority complex and bullying his neighbours is one of the only ways he can affirm himself, probably using his insurance company to fund and actions though.

At my last place I had a neighbour who said that my gates were two inches onto his land and would have to be moved. I told him to go boil his head as I had already seen the geometre and know that there is a small percentage of leeway allowed for in their calculations.

Link to comment
Share on other sites

[quote user="Bibsta"]In theory my land is in an enclave. 3.5m width is not enough space to reverse out which is also dangerous.[/quote]Enclave means landlocked and inaccessible yours is accessible so therefore not enclave but access does not necessarily include the ability to turn a vehicle round !

I'm sure you're not expecting anyone to believe that you cannot safely reverse a car in a width of 11 feet - which is how it reads - so really you're only actual complaint is that backing out onto a road is potentially dangerous but in that case you may just have to do as others have suggested - back in.

Don't even think about making a legal case out of it !

Link to comment
Share on other sites

<>

Absolutely not! It would seem you have little to take legal action on and solicitors would welcome you with open arms - months, if not years, of legal shenanigans in view!

Be grateful for your pleasant neighbours and try your best to rub along with the unpleasant one. Is he short of stature? Sounds as if he might be...............

Link to comment
Share on other sites

[quote user="Gardengirl "]... try your best to rub along with the unpleasant one. Is he short of stature? Sounds as if he might be...............[/quote]

Hey don't knock we shorties !! I cannot help being tiny ... and I'm as nice as pie !!

Sue [8-)][blink]

Link to comment
Share on other sites

<<... try your best to rub along with the unpleasant one. Is he short of stature? Sounds as if he might be...............>>

Sorry Sue and other shorter people, I really didn't mean to be rotten to you all - some of my best friends.................... ;0)

It's just that when someone is as generally difficult to get along with as the neighbour sounds, they seem, in my experience, to be shorter than average. One chap we know who's like that (luckily not our neighbour!) is shorter than most and is known to some French friends and us as Napoleon, or at his worst, Hitler.
Link to comment
Share on other sites

Sorry should include the word "of"

Unfortunately there seems to be a misunderstanding - 3.5m should be adequate width but it is the manoeuvring through 90 degrees onto a narrow section of cut-de-sac with a ditch opposite that is the problem, with his car on one side and a stone planter on the other. Notwithstanding the comment about normal road widths is accepted but you are driving in a straight line.

No possibility of appealing to his better nature - this person doesn't have one!! Just going to persevere and live with it.
Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...