Geometres.

[Jonzjob]

We have just had a geometre next door to the neighbour from HELL! He was a really nice bloke and his 2 sidekicks were good too.

The reason? Because the HELL bloke is arguing about the servitude, right of way, for the neighbour in the house behind us both, our friend. He showed yet again just what a totally abusive prat he is! All of the bornes were put in place.

That's all in that bit, but just imagine when we found out that he had summoned the geometre without our knowledge. We were told to be there when he arrived and bring the paperwork for the house and now we have been presented with a bill for 350€ for the visit. 4 people involved, including the clown, and we now have to pay 1/4 each!!!

I asked the geometre what the situation would have been if we hadn't wanted his visit and he told me that we would have to pay anyway

[alittlebitfrench]

Your neighbour cannot call in a geometre without your consent and expect you to pay.

If he is disputing something then let him pay. Simples.

[woolybanana]

Tend to agree here. If he did not ask you in writing or verbally with a witness in advance, and you agreed, I don't see how he can make you pay.

Have a chat to the other neighbours and see what their attitude is.

[Jonzjob]

Oh, but it seems that he has!

And our French neighbour and her daughter, both effected by the visit, have to pay as well. Another French friend who is quite knowledgeable about French law was there too and he said that's how the mop flops..

[alittlebitfrench]

Our Mairie owns some land that borders our property and two others. They wish to build on it. The Mairie sent out a letter that a 'Geometre' had been contracted to confirm the borders ect ect. We were sent a letter (recorded) and we wee obliged to sign a paper that we agreed and they had access to our property to do this. That was it. The Mairie (they contracted the Geometre) paid the cost.

You are not liable to pay unless you have agreed to do so in advance.

[ventodue]

Hi John,

Unfortunately, it seems that there is, indeed, an obligation on neighbours to share the costs of a boundary survey.  I quote:

Article 646 du code civil :

"Tout propriétaire peut obliger son voisin au bornage de leurs propriétés contiguës. Le bornage se fait à frais communs." *

However, as always, a private arrangement can take precedence.  In your case, I'd play the innocent and ask your Nasty Neigbour for a direct reference to the Article of the Code Civil which imposes this obligation.

That can often stop people in their tracks (or at least slow 'em down), IME ...

Craig

* Source:

http://www.rtl.fr/actu/pratique/les-voisins-veulent-faire-borner-le-terrain-et-exigent-que-l-on-paye-la-moitie-des-frais-7770926168

[Pierre ZFP]

[quote user="Jonzjob"]

I asked the geometre what the situation would have been if we hadn't wanted his visit and he told me that we would have to pay anyway[/quote]

My first reaction to that was 'Well he would wouldn't he'

[Jonzjob]

Not really Pierre. As long as he gets his cash he wouldn't care who paid it and after what he saw with the clown next door he probably would have taken pleasure in just him paying?

At one stage the geometre was trying to get clown to calm down, but, as usual, he just carried on being aggressive.

[YCCMB]

I had to stand in for some friends at a born age a couple of years ago. Their elderly neighbour wanted to build a wall on the boundary between their two properties. She summoned the geometry and paid the full cost. Didn't ask them for any money.

[woolybanana]

JJ, can I just get round the ambiguity of your forst post, svp? Were the 'bornes' already in place before you mad neighbour called in the geometres or have they just been put in place? Are you concerned by the right of way - ie is it contiguous to your property?

[Jonzjob]

There weren't any bornes there. They were put in place today. The servitude doesn't effect us, just our neighbour friend. The limit of our property is on the very edge of the chemen/drive leading to our neighbour and that drive is the cause of the problem.

The house behind us, the one with the servitude, was built about 40 odd years back and then there were only vine fields around it. I have no idea as to why the access wasn't bought with the parcel of land? But the servitude was put in place then. Then sometime in the 80s the parcel of land that contains the servitude was built and the house built on it. All was well and the neighbour was fine, but since the clown moved in about 18 months back all hell has let loose for our neighbour and she has been in tears because of the way the clown has been.

He has a history of trouble with neighbours and he has moved 5 times recently because of that! His house is up for sale now, so we love to be able to make it sell quickly!!!

I have spoken to another good French friend who has an old friend who is a geo. He is going to phone him in the morning to see what the definitive is?