boundary dispute

[charnizay]

My neighbours have taken over a small piece of land and we challenged them and were able to show a cadastre which shows the land to be ours. The local Mairie has become involved and we have agreed to allow our neighbours to finish growing until December unless they can, in the meanwhile, prove the land to be theirs??? Should they use a geometre would we be liable for any of the costs? They agreed in the Mairie to bear all the costs but I wondered where we stood on this - can anyone help?

[woolybanana]

no reason to pay costs. they are the ones making a false claim.

[Clair]

This might be of interest: http://www.completefrance.com/cs/forums/2315438/ShowPost.aspx

Threads about boundaries and géomètre (check the dates, there are some old, old ones): here

[pachapapa]

Not sure what you mean by a cadastre but if you mean the diagram on your PC or a print out or the monitor at the local mairie then this is ONLY indicative of the position of the boundary line. The diagram mentioned above is not "opposable" and will not be accepterd as irrefutable evidence in a french court.

What it does do is identify the parcelle and the owner of the parcelle.

Perhaps you mean a plastic borne stuck in the ground to indicate a boundary; this would be accepted by many people as being a true reflection of the real position of the boundary but again it may have been moved, although interfering with land survey markers is an offence, only the geometre expert can conclusively confirm the true position of the marker.

Just a word of caution, this is written of the top of my head whilst watching TV; without consulting the encyclopaedic data base stored at a slightly lower elevation in my skull.[;-)]

Edit locam changed to local.

Edit 2 is an offence inserted after "land survey markers".

[charnizay]

Thanks for your reply - I mean by "cadastre" a map from www.gouv.fr

It is truly amazing to think that they could be challenged, the gouv.fr maps that is.

There is a dsiclaimer on my "vente" is this of any importance?   it says:-

""L'aquereur reconnait avoir ete averti:

que les superficies indiquees par le service du cadastre n'ont qu'une valeur administrative et ne sauraient engager la responsabilite de ce service. Qu'a ce jour aucun proces-verbal de bornage n'a ete etabli.

Il declare faire son affaire personelle de ce etat de chose, sans recours possible contre le vendeur ou le notaire.""

Are you able to tell me whether anyone can access the copy of our "vente" at a Hypotheque or other place?

I thank you for consulting at the lower level in your formidable brain, many regards Charnizay

[pachapapa]

The disclaimer is of little practical importance, the area will be used for the calculation of the taxe foncière and as there has been no official boundary survey with the placing of boundary markers you will have NO legal recourse against either the seller or the notaire in respect of the mensuration or other land survey anomalies.

The original land survey was done at the beginning of the 19th century, initially under the aegis of napoleon, in rural areas parcelles of land will often be identical with their situation two centuries ago.Most departments have now digitalised the plans of the cadastre napoleonien so you can access them via the internet.

The acte de vente usually involves one notaire, so a copy for the vendor, purchaser and notaire for filing. The vendor or purchaser could if they wish show them to me or any one. In principle the same would apply to a hypotheque drawn up by a notaire and lodged at the Conservation de hypotheques; similar argument a caution bancaire.

The information pertinent to the cadastre is freely available.