liability insurance and legal disputes

[Steve Last]

My sister-in-law is embroiled in a dispute with a neighbouring landowner who initiated a legal action against her. It's a complicated "you blocked my right of way" issue, the details aren't relevant here and she has an English speaking lawyer working for her on it.

My questions are

1) whether her legal fees and costs (7500 Euros so far) if she loses are items that are normally covered by the civil liability section of her house insurance.

2) As she specifically questioned the Notaire who drew up her purchase deeds about the nature of this right of way, would she be covered to take action against him in this event?

[alittlebitfrench]

You said...

'It's a complicated "you blocked my right of way" issue, the details aren't relevant here'

It is relevant to give advice.

How on earth did your sister in law accrue so much legal costs ?

[Steve Last]

There is a 2m wide “chemin” marked on the cadastral. When she bought the house the notaire wrote in the deeds the seller’s statement that it went to two immediate neighbours only. She could put a gate across it if she provided them with keys, and built a pool pump house alongside but not on it.

3 years later two other landowners sent legal demands saying it is a “chemin d’exploitation” that extends further to their properties, in a narrow gulley obstructed by trees and other vegetation. They say it is 4 metres wide and she must demolish the poolhouse and pay them €10k damages and costs. On their land the gully has a deep ditch where they claim the chemin d’exploitation is, and it is evident that no vehicles could have used the route for decades. This gets into complicated legal stuff about definitions of a chemin d’exploitation as well as ancient deeds and lots of other things which have taken up a year of submissions interchanged between lawyers and goes to court next week.

[nomoss]

You asked:

1) whether her legal fees and costs (7500 Euros so far) if she loses are

items that are normally covered by the civil liability section of her

house insurance.

These would possibly have been covered by that section if she had approached her insurance company for advice and assistance when she first knew about the problem, and they had agreed to handle the matter on her behalf..

She should contact her insurers ASAP to ask if they will get involved at this rather late stage, but I think that even if they agree, it is unlikely they will accept any responsibility for expenses she has already incurred.

[woolybanana]

Two farmers trying to take Johnny Foreigner for a ridiculous sum. Not unknown, I am afraid.

If they have little income their costs are probably being met by the State.

[alittlebitfrench]

Your sister in Law made the mistake in defending herself.

Let them do all the hard work. They will soon give up.

This will never get settled.

Just legal people getting more rich than they already are.

[Steve Last]

"If they have little income their costs are probably being met by the State."

On the contrary, one in particular is one of the wealthiest people in the area and known for trying to extort money from people who pay up to avoid a long legal fight.

"Your sister in Law made the mistake in defending herself. Let them do all the hard work. They will soon give up."

Again, I think not: they started legal proceedings and if you don't defend yourself judgement is given against you by default. In our case the initial documents were delivered by a bailiff to an unoccupied second home, and only just found in time to meet the deadline.

[BritinBretagne]

How wide is the right of way shown on the cadastral plan? She surely got permission to build the pool house so I would suggest that she has a word with someone who was involved in the planning application to check on the 4m claim and if it’s for real ask why permission was granted.

[Steve Last]

2m is marked and the building is outside it. The Mairie granted permission and they didn't object at the time. It's a very small village where the opposition have a lot of influence and the Mairie doesn't want to get involved. The whole thing has a lot of complications ( a chemin d'exploitation has very particular legal status) and the legal submissions on each side are 30 plus pages. Her lawyer is counterclaiming costs and damages for abuse of legal process. We suspect it will end up with some sort of technical arbitrator being appointed.