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problem with words on acte authentique


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L'acquereur profitera des servitudes acitves dont peuvent beneficier les biens vendus.

il supportera les servitudes passives, apparentes ou occultes, continues ou non pouvant grever ces biens, le tout a ses risques et perils et sans recours contre le vendeur, et sans que la presente clause puisse donner a qui que ce soit plus de droit qu'il n'en aurait en vertu de titres reguliers ou de la loi

le vendeur declare a ce sujet, qu'il n'a cree, ni laisse creer aucune servitude sur les biens vendus, a l'exception de celles pouvant resulter de la situation des lieux, de la loi ou des regules d'urbanisme en vigour ce jour

Hello - Can anyone tell me what this means? it is from my acte authentique and I wondered if it said that I have the permission/right to use a small path that always was used by the previous owners of this house. The neighbouring house has forbidden me to use it and has "claimed" the piece of land which would allow me to access the path, I have posted about this "false claim" previously. Charnizay
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Quick translation:

The buyer will benefit from any right of way which may be currently attached to the property sold.

He/she undertakes to allow any right of way, be it old, unused, visible or not, which may be attached to the property, this being done at his/her own risk and witout prejudice to the vendor whatsoever, and without giving anyone more right that he/she may benefit from under the title or the law.

The vendor has stated that he/she has not created or authorised any right of way on the property being sold, except for those which may result from the location, the law or current town planning.

Any existing right of way should be mentioned on the deeds. Mine are, and the deeds also state that the right of way can be used only by the people in a specific property nearby.

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It is a general paragraph incorporated into any "acte authentique", its purpose being principally to absolve the vendor from any responsibility.

An active servitude benefits the property to which it refers and a passive servitude is a burden on the property.

There is no expressed or implied servitude regarding a path.

In any event the path gives no right to the plot of land; but the possesion of the plot if an enclosed enclave would create a right of access, not necessarily on the line of the path you refer to notwithstanding that IF unhindered access to the plot has occured at any time for a period of 30 years then a servitude in respect of that particular path would have been created.

Any solution will revolve around the plot of land.

Edit: I am pleased to see that whilst watching the weather forecast and making coffee that I have posted in discordance with Clair.[:P]

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[quote user="pachapapa"]Edit: I am pleased to see that [...] I have posted in discordance with Clair.[:P][/quote]

People will be wondering if you're me or I'm you... [8-)] [blink]


Your first port of call should be the notaire who dealt with the sale of the property.

Any right of way should be clearly stated on the sales documents as well as the conditions under which it remains valid.

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