Terrain Constructible?

[Gardian]

I wonder whether anybody can help with this problem that has been rumbling on for a couple of years?  I’ll try to be as succinct as possible with the facts: 

• Adjoining our property is a plot of land (c.1350m2), which was originally part of our French neighbour’s total plot before he bought it in the late-90’s.

• The original owner (who was the developer of the small estate) occupied the double plot because this smaller section was declared non-constructible when the estate was built in the early-70’s. The reason for this was because of the difficulties of access (just 3m wide) and that the plot was boxed-in on 3 sides with the 4^th side a steep downhill slope.

• Copies of the original declaration are in my neighbour’s possession, but our commune Mairie has no record of this documentation (and frankly, doesn't seem all that interested).

• Ownership of the plot has passed to an individual (a builder by profession) who lives some 20kms away and who has stated his intention to either build a property on the plot or sell it for development by a 3^rd party. He first declared his intention over 2 years ago.

• It now appears that the plot is being marketed by a local developer as being constructible with plans for a two storey house offered as an all-up package.

• The viewers who have been round, have quickly back-tracked and hardly surprisingly because of the access difficulties and the probable high cost of making the site developable – there are c.100 oak trees, each about 20m high which would need to be uprooted and removed, to say nothing of the provision of the usual utilities and other services.

• There is a dispute between my neighbour and the owner over precisely where the boundary line runs – on face value it seems minor, but involves a section roughly 3m x 35m along their adjoining boundary.

• We and our neighbour are ‘completely together’ over this issue, although in truth we would be less affected by the potential development than he would be. The biggest problem for us would be the disruption caused by site clearance and subsequent new build.

 My question is whether anybody knows if a plot of land declared as non-constructible some 30 years ago, can change to constructible just by the passage of time? This was the position as put to me by the notaire who dealt with the purchase of our property over 2 years ago. It was never explained to us when we made our purchase and we were less than amused at the news 6 months after we moved in!

I appreciate that getting a lawyer involved is our likely best course of action, but I am reluctant to rack up costs for something that could easily go away of its own accord - my own view is that the value of any eventually-completed property would be outweighed by the development costs. In the meantime, my neighbour has written to the department prefet on behalf of both of us to seek clarification of the non-constructible status. He has also written to the developer pointing out that there is an unresolved boundary dispute.  I am also keen to get the Maire on our side, since he can be influential in blocking any subsequent Permis de Construire application.

Any information or advice would be much appreciated.       

[Blanche Neige]

Gardian

I suspect there won't be many here who can provide you with the answer but it sounds as though you are heading in the right direction with your enquiries with the department prefet via your neighbour.

Please let us know the outcome.

BTW

Bonne chance!

[Poppy]

Hello Gardian

For some unknown reason we have been involved in lots of transactions re land. Non constructible can change to constructible overnight, either because of rezoning, the mayor's daughter wants a house on that site, or a hundred other reasons. The Prefecture will have details of whether it is constructible but the Mairie should also have the same information in the form of a plan of the commune showing constructible and non constructible land. In our experience it is the DDE who have the final say about the CU and PdC.We have had the mayor on our side on four occasions, two we were successful. the other two we lost- the mayor's decision was overidden by the DDE.

Let me know if you require any further information.

 

[Gardian]

Blanche Neige & Poppy .............

Many thanks.

It seems that original non-constructible declaration never got on to the Maire's records 30 yrs ago, so as far they're concerned, it's constructible.  What you say though Poppy about the DDE, bears out my neighbour's view.  I had mistakenly thought that the Mairie would be the arbiter, but Michel's view is that they're a 'waste of space' (that's the polite translation!)

He'll be a happy bunny to have his view confirmed.

Thanks again - I'll come back with any news, but this one is going to run & run. 

Ian