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Late legal challenge threatening the acte next week - help


Ejc

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We're buying a beautiful home and everything is set to sign the acte next week. In the compromise is a clause about a 4 metre access up the back of the property to a field. We were asked 6 weeks ago if we'd increase this access to 6 mettres - we said "No" as it will mean removing quite a large chunk of a small lawn. We didn't hear anything more - were over last week to tie up a few loose ends - and nothing was said.

However today I've just had a call from our immobilier - to say the owners brother - who rents the filed from the owners parents says unless we increase the access to at least 5 metres - he will block the acte.

We have suggested that we will give a undertaking not to build a wall or block his access - but we do not want to lose any lawn and are now worried that there is something more to all of this than we're being told.

Suggestions - advice anyone - while we don't want to lose the house - we're worreid about why this guy suddently wants more access than he's had for all the years the brother has lived in the house......

We didn't think having signed the compromis that this sort of thing could happen

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[quote]We're buying a beautiful home and everything is set to sign the acte next week. In the compromise is a clause about a 4 metre access up the back of the property to a field. We were asked 6 weeks ago i...[/quote]

Ejc,

Six, or even five, metres sounds a bit excessive.  Could be he is intending to build a house on the land and this is for the contractor's plant etc.   I would get the Immobilier to put some pressure on the family.  Is there a chance that they have another buyer in the wings?  This would dilute your bargaining ability. 

Brian 11500

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What is on the land next door?  Could the brother be wanting to move large harvesters in and out? I know gazumping rarely happens in France but this could be a way of trying to get out of complicance with the Compromis de Vente, if, as someone said they have another buyer willing to pay more.  Ask your notaire to make some enquiries, in any case I think he/she should know about this lightly veiled threat. Check with the mairie about permissions that have been submitted if he may be planning to build on the plot.
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Hi,

We've sorted everything out amicably - the problem with the access was a very sharp bend - and there the current track is wider to allow for the farm tractor and trailers to turn - the brother was worried we were going to put a wall or something up - which would block  / reduce curent his access as the compromis hadn't taken account of this bedn and the width there. With our notaires help - we now have wording which states that the current access will remain as it is, unchanged - so everyone's happy..... and we sign next week.

I'm now wondering how we're going to fit everything I have standing ready to go into the car - as we can't move permantly for a while - MOH thinks I'm being a bit over optimistic over what the car will hold...

 

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