Re: Neighbor Problem
 

It seems an independent notaire has already examined the contracts and written to the neighbour so I would think a letter is unlikely to do the trick at this stage. Also getting the neighbour to go to through conciliation seems to be out of the question. Is there another neighbour on better terms with this man who might be able to help?

Re: Neighbor Problem
 

I hate bullies....
If I were you I'd go and consult an avocat straight away. Somehow that magical type of letter tells people that you're serious and that you're prepared to act.
$200 well spent I would have thought.

Re: Neighbor Problem
 

Yes we are seeing an Avocat in a a couple of weeks...we have an appointment.....I will ask my other neighbour, but they work all week and are so tired on the weekends, which is why I dont want to trouble them...We live in the country.....

We also have a geometre coming to re-install boundary markers which the neighbour has moved...Guess we have to pay again...They keep moving Boundary Markers--Bonnes...just to cause Harassment...

Re: Neighbor Problem
 

Keep the bill.

You need help with translation? Do you belong to any anglo groups in your area? Usually a request for help with translating at an appointment like this gets a few resoponses. Or you can google avocats anglophone your region and go to see someone who speaks english. If you're anywhere nr Toulouse I know of a few good english speaking avocats.

Bon courage
xx

Re: Neighbor Problem
 

What you say here is very interesting. A "bornage" which is what boundary markers are called, must be done in the presence of all interested parties and the cost should be shared. If the "bornes" are subsequently moved it is an offence punishable in law. You should speak to your avocat before you do this again.

Re: Neighbor Problem
 

InVino's right, the bornes must never be moved and everyone has to be there. If your neighbour refuses to attend, or kicks up a fuss, then I'm not sure what you do but there's probably a procedure that has to be followed (maybe the geometre will know, or the mayor) to ensure you've given him due notice and opportunity to attend.

Re: Neighbor Problem
 

If the bornage has been done before, the géomètre should have a very accurate record of where the bornes should be situated.

Re: Neighbor Problem
 

He will probably have his notes but somewhere on the land he will have set up his "point de répére". Let's hope the neighbour hasn't destroyed it!

Re: Neighbor Problem
 

Only if it results in a solution.

As this person was a gendarme he would have been involved in many neighbour disputes. He probably knows the rules and unlikely to be bothered about a lawyer's letter.

It could be the beginning of a mass draining of your savings. Professional costs have caused many a bankruptcy. Just be careful.

Re: Neighbor Problem
 

Really?

I've always found that an hour of professional advice usually followed up with a letter works a treat. You know where you stand and what the next action needs to be. You can make sure that whatever you do is legal as well.

Re: Neighbor Problem
 

That only works when both sides use a lawyer.
They work it out between them and they get their respective costs.

With this ex gendarme it may not be so straightforward. Be careful is all I can say.

Re: Neighbor Problem
 

Oh my very best of luck Cherryl. This sort of thing is draining and tiring and sucks the energy out of life. I had horrid neighbours to the left of me in France. They arrived ten years after I had been there, but they made our lives hell. Swearing loudly and fighting in the back garden and peeing over the fence. It wasn't only us, all the other neighbours hated them too, and in their previous house. The only saving grace for me was that my son's best friend's father was the head of the Gendarmerie....and they were all brilliant, as was our mayor.

I hadn't realised how very much their daily petty unpleasantness had affected me, but it did....when choosing my next home, I didn't give a damn about the amenities, I just wanted to know where the neighbours were:unsure:

Courage Cherryl!

Re: Neighbor Problem
 

Hello Cheryl

So wish you good luck! if you read my thread we have had 7+ years of neighbour problems in E France. We now live in Lyon but the probs continue.
We went through all the stages, maire, conciliateurs, gendarmes, UNPI (advice service), notaire + finally avocat. The only solution seems to be an avocat.
We have a problem with a shared driveway + unclear deeds. (on top of all the other probs). Also, living in a village there are always verbal agreements between the neighbours re servitude. The ex owner of our building (now 3 flats) has a verbal agreement with the next door neighbour to access the garden area he retained. He has no access otherwise! the other side there is also a bizarre servitude, again I think only verbal.
Don't wait, talk to the avocat!!! we went through all the stages as apparently necessary to no avail.
Try to stay sane + so hope you sort out :starsmile:

Re: Neighbor Problem
 

I used to have a neighbour like that. He's been very quiet since I shot him ;)

Re: Neighbor Problem
 

Hello InVV

Believe me, I have thought of doing that!!! and then doing a Thelma + Louise.
Cheryl + I could do the 2 together. ;)
:cool: