Hi,
We bought our house 4 years ago which had a servitude for the neighbouring property... Two years ago we bought the neighbouring property...Since then our neighbour has been insisting that he has servitude on our property... We have been to the cadastre and they have informed us that unless it is in our deeds, there is no servitude on our property... The Notaire through whom we bought both properties also informed us that no one has servitude on our property... The neighbour would not accept it and said they are lying... We went to second Notaire who examined our sales contracts and wrote a letter to the neighbour that there is no servitude on our property...The neighbour has stopped pressuring us about that issue...
At an adjoining part of our land there was a path which consisted of 5 metres each of land donated by owners long ago to form a chemin.... 3 years ago the neighbour decided to fence off his 5 metres and agreed to use the access he has had from long ago to go to his forest... We both agreed verbally that he will not use our half as he has taken his half... Now after 3 years on non use he has decided he wants to make an opening in his fence further down and use our half because his half gets wet in the winter...We went to the Notaire who sent him a letter to say that he has fenced off his half and has access to his forest and is forbidden to come on to our property...
The neighbor is now irate and when we tried to fence off our half, thus preventing him from coming on to our property, he and his wife came over and ripped our fencing down...They will not allow us to put our fence up and insist that they will drive onto our property...We explained that he must honour our agreement of 3 year ago but he refuses and says that the 'servitude'will always remain a servitude...
He is now threatening that he will use the well on our property because he has servitude to it...
He has also threatened to close our only access to our home which is under enclavement... The Notaire wrote to inform him that he cannot do that....


Because he is an unreasonable person who uses violent, threatening and intimidating behaviour, we need to fence off our property to keep him from come over and abusing us...Yesterday he picked up a fence post and tried to stab my husband with the pointed end...at the same time trying to head butt him...He is a newly retired Gendarme..

Do we have the right to put up our fence keeping him from using our half of the chemin?

What are our rights regarding his use of the well? He has mains water to his property...

We have been to see the Marie who watched the video we took of him and his wife destroying our fence, but the Mayor informed us that they can't do anything as its a private matter, with which he cannot get involved...

Any advice will be greatly appreciated...Many thanks..Cheryl

Hi, and welcome to the Forum. Sorry that your first post is about the unpleasant subject of neighbours from Hell...
The Maire is correct, this is a private matter and you should consult an Avocat now, since the Notaire seems to have done everything he could within his jurisdiction. Make sure you choose an Avocat unlikely to be connected in any way with the neighbours...
Good luck!

Cheryl, I can't give you any constructive advice as I've no experience of this but dmu's response seems entirely correct. I would also keep a diary of this, recording any intimidation or harassment. You could also put up notices on your fence marking it as private property so he cannot claim to 'not know'. Good luck,

Signage does define it visually, I suggest you contact you communes "Conciliateur Judiciaire" they are there to mediate neighbourly disputes and it should be the first point of call. Dont step on to his property whilst in dispute/verbal confrontation as he will be very aware of the force he can use to remove you.

also remember in France that you need written evidence..
so, every time neighbour does something, write them a letter telling them what they did, when they did it and who saw it. Send it registered post with an avis de reception to your neighbour. Make a copy ... If they don't respond within 2 weeks then this is taken as agreement to what you have written and can be used against them. I'm not a lawyer at all, but this is what we were told a few years ago.

Hello Everyone...
Thank you for the warm welcome... This is the first time I have been on a forum... sorry to start with a negative comment...
Thank you all so much for taking the time to advise...It's much appreciated...

We have put signage up but the guy ripped them down and broke them into pieces...I have photos...

We have to stand up to the Bully... I would rather plough our half of the chemin than allow him access...There is nothing in our deeds... he says there is servitude in his favour in his deed but he wont take it for verification to the notaire...or show us...

Every violent, threatening and intimidating episode only serves to make me stronger and more determined not to give in...

Thought about, as a last resort, to pitch a tent there, camp out and call the Newspaper with the story... Maybe the embarrassment will make him stop...
Thank you all once again...Have a lovely weekend...

Make sure your not in it at night, this guy sounds crazy enough to burn the tent down or wreck it with his car with you inside. IMO he only understands one thing-muscle, see if you can get some heavyweight friends on it and this is not a joke.
Good luck,

Just noticed this from your OP 'He is a newly retired Gendarme..'
Could you not take all your evidence inc photos to his former captain including the fence post bit and perhaps embarrass him? His former boss may have a word to stop any scandal reaching his post.
Just a thought but it does sound as though he has lost his marbles.

Thanks Audio...He was a Gendarme in the Pyrenees..a 4 hour drive away... not where we are... a friend recommended the heavies, but we declined, as we wouldn't be able to live with it if they got too heavy...Prefer to do what we can legally and let Karma do the rest...Yes, looks like he is used to throwing his weight around...am a great believer in What goes round, comes round....Thanks for your moral support...really means a lot...

Your welcome. The altitude must have affected his brain or lack of.
It might be an idea to have a voice recorder in your pocket at any time you may encounter this idiot. I used a Walkman once for this sort of thing and it recorded the mainly blue conversation very well.
Anymore threats call the Gendarmes (yes I know) at least it will be on record if you make a formal complaint.
Keep us informed.

In my, admittedly limited experience, bullies are the biggest babies when they are exposed to retaliatory action. We all know the French legal system is remarkably inapt at dealing with these kind of everyday ennuis so I'm with audio in showing a bit of muscle.

If you don't want to go down that road I would go with audio's second suggestion and call the gendarmes each and every time a threat is made or an illegal action taken. I suspect they might be tougher with one of their own for wasting their time than they would with you. Again any evidence such as photos or recordings would be great - they might not admissible in court but they should convince the gendarmes of your version of events.

You may get the Gendarmes to visit once or twice and note it in their book of grand events but unless the pillock actually punches someone which you would like to believe he understands the law here it is not in the Gendarmerie's remit to attend these sort of events. Our neighbour phones then every time someone starts a lawnmower or the kids make some noise and they don't attend.

You have to start with the Marie and the Conciliateur Judiciaire then you move up to the "Les Huissiers de justice" and your Avocat. You need to appear that you would prefer to sort it amicably as that pays dividends in the eyes of the law.

Any deeds that the person holds will be in a Notaires filling cabinet and probably public record. It is time to take him to court simples.

I think the Marie has been approached by the OP.
I don’t think he needs to actually punch someone before the cops take action however he is using threating behavior. I must admit I do not know French law that well but in the US and UK that would be a criminal offence. UK max 6 months I think, US possibly much longer.

That aside going back to the Marie and asking for the local "Conciliateur Judiciaire" contact details and getting the ball rolling is the way forwards.

This is not the UK or the US you have to deal with it the French way and the French police "Gendarmerie" don't act and respond to things like the British or American police which imho is a good thing in neighbourly disputes unless there are acts of physical aggression they will not generally get involved. As I understand it threatening behaviour is not a crime here as it is in the UK or at least the definition in charging someone with it is different.

cheryl1010.

Hi and welcome to BE from me.

I can't help you at all as I live at the bottom of the world. New Zealand.

However, you have all my sympathy and more. We have been dealing with the neighbours from hell for the past 5 years. You'll get there in the end.

Sorry but that's not correct. There are laws in France against this kind of behaviour and the gendarmes are obliged to attend in such circumstances:-

- Appels téléphoniques malveillants ou agressions sonores : 1 an de prison et 15.000 Euros d'amende

- Menace de commettre un crime ou un délit contre les personnes avec ordre de remplir une condition si la victime n'exécute pas l'ordre donné : 3 ans d'emprisonnement et 45.000 Euros d'amende

- Menace de mort avec ordre de remplir une condition : 5 ans de prison et 76.000 Euros d'amende

- Menace ou acte d'intimidation en vue d'obtenir de la victime d'un crime ou d'un délit qu'elle ne porte pas plainte ou qu'elle se rétracte : 3 ans de prison et 45.000 Euros d'amende