Set the boundary of the land, fencing, planting, used as sources of disputes. A little reminder of the good management of the property boundaries.
Forget the reading of your securities, property or cadastral references to fix accurately the boundaries of your property ! The solution to avoid problems : use the services of a surveyor to carry out a demarcation of your respective fields. You agree with your neighbour to hire a professional ? You will share the fees and comply with its findings. It is better, however, to endorse this demarcation by notarial deed, to provide a required value for the future. If your neighbor opposes the plan, or refuses to sign the minutes because it does not agree with the proposed limits, you enter the court of the place of situation of the land so that it refers to an expert. The will of the terminals on the ground and prepare a procès-verbal of demarcation which the court will give binding force by a judgment. As for the cost, they are often distributed by the court between each owner by half, or in proportion to the size of their land.
once the limits laid down, the question arises as to fences and plantations. The matters governed by the civil Code. Thus, any owner may close his / her field without prior formalities, according to the article 647 of the civil Code. With the exception of a few cases : protected area, protected areas, etc., The mode of closure as possible - the materials, appearance, height, is generally indicated by the urban planning regulations of the municipality or the specifications of the subdivision. If no text exists, the owner chooses the closing of its choice : a wall, fence, hedge... as long as the fence does not extend the limit divisive of the two lands, the agreement of the neighbour is not necessary.
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In the opposite case, that is to say, if the fence is situated on horseback on the two sites, there is a fence or wall adjacent to the literal sense of the term, and the agreement of the neighbour becomes essential. The costs of the maintenance of a common wall shall be shared by half by the two owners of the wall. Each neighbor by being a co-owner, he must participate in proportion of its rights to costs of maintenance, restoration or reconstruction. Unless the repair is done in the interest of a single owner. In case of disagreement on the need to work, those who want to renovate the wall must obtain the authorization of the tribunal de grande instance (TGI). In respect of a building against or in the dividing wall, it is only possible with the agreement of the other co-owner. In case of refusal, it is necessary to again enter the TGI. In the case of unauthorized work, the neighbor can exercise in front of the TGI an action called denunciation of new work, if the work is about to begin, or lament, if the work has started. The owner happened of the agreement of its neighbor may also be ordered to pay damages when the work that caused him harm, including jeopardizing the solidity of the wall.
Station to the plantations in annoying
Reminder text : each of the neighbors can plant on his land and comply with the rules of distance. The trees and shrubs of a height greater than 2 metres must be planted at least 2 metres from the neighbouring property. Plantations of lower height must be distant at least
50 centimeters of the neighbouring property (article 671 of the civil Code). Municipal by-laws, local customs or the specifications of the subdivision may provide for distances or heights. If a wall separates the properties, the neighbour to which it belongs can plant without respecting these distances. In the case of a common wall, this freedom will apply to the two neighbors.
Problem number 1 : the distance is not respected. If the plantations offending you cause disorders such as cracks in your wall for example, you can call for the uprooting of the plants before the court of first instance attached to your place of residence. Obligation, which may include repairing the damage to the wall. In the event of discomfort, the more light, the judge will be calling more often to your neighbor to prune regular trees, for example.
Problem number 2 : the distances are respectéés. You have the right to cut off roots that encroach on your land. If these are the branches of the tree that are overflowing, you can't, however, carry you to the cup. However, if the owner refuses to prune, the court of first instance will deliver a cup under penalty of a fine, unless municipal by-laws protecting rare species or older.
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