Servitude trouble
Aug 12th 2010, 12:29 am
#1
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Joined: Jan 2009
Location: South Charente
Posts: 546
Servitude trouble
Hi all, welcome to all the new folks while I've been away in the Charente, back in Sweden now for a month or so before returning.
We have stumbled on a small problem. In the deeds of purchase of our house there was a notice about a 'servitude' (right of access) which gave our neighbours the right to cross our courtyard to get to their barn. This was OK as the shortest route would still keep them out of sight of our back garden. Now all of a sudden they have started strolling along the whole length of our garden to get to other outbuildings not included in the 'servitude'. When I pointed this out to them, they said that their version of the servitude gave them the right to access all of their buildings and even a back piece of land behind our garden. I asked to see their deeds and checked that the language of the two servitudes was different. Theirs being vaguer than ours. I wonder if anyone here has met with a similar problem and how they have solved it?
Thanks in advance, everyone have a nice rest of the summer!
Blackie
We have stumbled on a small problem. In the deeds of purchase of our house there was a notice about a 'servitude' (right of access) which gave our neighbours the right to cross our courtyard to get to their barn. This was OK as the shortest route would still keep them out of sight of our back garden. Now all of a sudden they have started strolling along the whole length of our garden to get to other outbuildings not included in the 'servitude'. When I pointed this out to them, they said that their version of the servitude gave them the right to access all of their buildings and even a back piece of land behind our garden. I asked to see their deeds and checked that the language of the two servitudes was different. Theirs being vaguer than ours. I wonder if anyone here has met with a similar problem and how they have solved it?
Thanks in advance, everyone have a nice rest of the summer!
Blackie
Aug 12th 2010, 6:17 am
#2
Joined: Mar 2007
Posts: 10,551
Re: Servitude trouble
Hi all, welcome to all the new folks while I've been away in the Charente, back in Sweden now for a month or so before returning.
We have stumbled on a small problem. In the deeds of purchase of our house there was a notice about a 'servitude' (right of access) which gave our neighbours the right to cross our courtyard to get to their barn. This was OK as the shortest route would still keep them out of sight of our back garden. Now all of a sudden they have started strolling along the whole length of our garden to get to other outbuildings not included in the 'servitude'. When I pointed this out to them, they said that their version of the servitude gave them the right to access all of their buildings and even a back piece of land behind our garden. I asked to see their deeds and checked that the language of the two servitudes was different. Theirs being vaguer than ours. I wonder if anyone here has met with a similar problem and how they have solved it?
Thanks in advance, everyone have a nice rest of the summer!
Blackie
We have stumbled on a small problem. In the deeds of purchase of our house there was a notice about a 'servitude' (right of access) which gave our neighbours the right to cross our courtyard to get to their barn. This was OK as the shortest route would still keep them out of sight of our back garden. Now all of a sudden they have started strolling along the whole length of our garden to get to other outbuildings not included in the 'servitude'. When I pointed this out to them, they said that their version of the servitude gave them the right to access all of their buildings and even a back piece of land behind our garden. I asked to see their deeds and checked that the language of the two servitudes was different. Theirs being vaguer than ours. I wonder if anyone here has met with a similar problem and how they have solved it?
Thanks in advance, everyone have a nice rest of the summer!
Blackie
Sorted.The French are prone to pushing their luck when someone new moves in and more feuds erupt over less trivial matters.
Aug 13th 2010, 9:43 pm
#3
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Joined: Jan 2009
Location: South Charente
Posts: 546
Re: Servitude trouble
Hi Ka Ora thanks for the reply.
The strange thing is that the texts of the two deeds of purchase (ours and our neighbours) are not the same!
Ours says (roughly in translation) 'there is a right of way via the shortest and least inconveniencing route from the municipal route marked number 5 across the courtyard which is subject of the present purchase to gain access to the barn marked (number) on cadastral map zone (number)'.
Our neighbours says 'there is a right of way via the shortest and least inconveniencing route from the municipal route marked number 5 across the courtyard which is subject of the present purchase marked (number) on cadastral map zone (number)'.
Hence the vital words 'to gain access to the barn' have been omitted from their version!
By the way there is no route marked on the map at all.
I suspect that their notaire has either been negligent in copying the text from the land registry version or has wilfully doctored to the text to make it look more extensive in scope than it really is.
Could I gain access to the land registry files to check the original version? This dates from 1975 and so is not actually that long ago.
Our neighbours on that side of the house are English and she seems quite easy going, but the guy is a gung ho type who seems to think he owns half our property as well.
Thanks for any thoughts on the above
Bonne Journée
Blackie
The strange thing is that the texts of the two deeds of purchase (ours and our neighbours) are not the same!
Ours says (roughly in translation) 'there is a right of way via the shortest and least inconveniencing route from the municipal route marked number 5 across the courtyard which is subject of the present purchase to gain access to the barn marked (number) on cadastral map zone (number)'.
Our neighbours says 'there is a right of way via the shortest and least inconveniencing route from the municipal route marked number 5 across the courtyard which is subject of the present purchase marked (number) on cadastral map zone (number)'.
Hence the vital words 'to gain access to the barn' have been omitted from their version!
By the way there is no route marked on the map at all.
I suspect that their notaire has either been negligent in copying the text from the land registry version or has wilfully doctored to the text to make it look more extensive in scope than it really is.
Could I gain access to the land registry files to check the original version? This dates from 1975 and so is not actually that long ago.
Our neighbours on that side of the house are English and she seems quite easy going, but the guy is a gung ho type who seems to think he owns half our property as well.
Thanks for any thoughts on the above
Bonne Journée
Blackie
Aug 13th 2010, 11:31 pm
#4
Joined: Mar 2007
Posts: 10,551
Re: Servitude trouble
You can goes to the Cadastre and make inquiries, Get big maps little ones. But the Notaires Office is the best bet as their relationship with the Cadastre Office will be a lot better than the average Joe Smo's. And it's what they get paid to do. Getting it resolved to your liking is probably going to start another small war or at least have you neighbours and everyone they know hate you forever and half as much again. It's par the course in France.
Hi Ka Ora thanks for the reply.
The strange thing is that the texts of the two deeds of purchase (ours and our neighbours) are not the same!
Ours says (roughly in translation) 'there is a right of way via the shortest and least inconveniencing route from the municipal route marked number 5 across the courtyard which is subject of the present purchase to gain access to the barn marked (number) on cadastral map zone (number)'.
Our neighbours says 'there is a right of way via the shortest and least inconveniencing route from the municipal route marked number 5 across the courtyard which is subject of the present purchase marked (number) on cadastral map zone (number)'.
Hence the vital words 'to gain access to the barn' have been omitted from their version!
By the way there is no route marked on the map at all.
I suspect that their notaire has either been negligent in copying the text from the land registry version or has wilfully doctored to the text to make it look more extensive in scope than it really is.
Could I gain access to the land registry files to check the original version? This dates from 1975 and so is not actually that long ago.
Our neighbours on that side of the house are English and she seems quite easy going, but the guy is a gung ho type who seems to think he owns half our property as well.
Thanks for any thoughts on the above
Bonne Journée
Blackie
The strange thing is that the texts of the two deeds of purchase (ours and our neighbours) are not the same!
Ours says (roughly in translation) 'there is a right of way via the shortest and least inconveniencing route from the municipal route marked number 5 across the courtyard which is subject of the present purchase to gain access to the barn marked (number) on cadastral map zone (number)'.
Our neighbours says 'there is a right of way via the shortest and least inconveniencing route from the municipal route marked number 5 across the courtyard which is subject of the present purchase marked (number) on cadastral map zone (number)'.
Hence the vital words 'to gain access to the barn' have been omitted from their version!
By the way there is no route marked on the map at all.
I suspect that their notaire has either been negligent in copying the text from the land registry version or has wilfully doctored to the text to make it look more extensive in scope than it really is.
Could I gain access to the land registry files to check the original version? This dates from 1975 and so is not actually that long ago.
Our neighbours on that side of the house are English and she seems quite easy going, but the guy is a gung ho type who seems to think he owns half our property as well.
Thanks for any thoughts on the above
Bonne Journée
Blackie
Aug 14th 2010, 2:32 am
#5
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Joined: Dec 2005
Location: Paris
Posts: 1,549
Re: Servitude trouble
I'm off to Charente in a few days... When looking at houses I always asked about rights of way as I didn't particularly like the idea that neighbours could walk by whilst you're sunbathing naked in the back garden... Well, I don't actually sunbathe fullstop.
I appreciate your frustrations, and I think you have a tricky diplomatic situation on your hands, as you really don't want to fall out with your neighbours. I completely understand you wanting your privacy too. Ka Ora gives good advice - I would go take it up with the professionals, it's the only way you can get closure on this.
I appreciate your frustrations, and I think you have a tricky diplomatic situation on your hands, as you really don't want to fall out with your neighbours. I completely understand you wanting your privacy too. Ka Ora gives good advice - I would go take it up with the professionals, it's the only way you can get closure on this.
Aug 14th 2010, 4:01 am
#6
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Joined: Aug 2008
Location: 32 Gers ; Between Toulouse and Auch
Posts: 1,395
