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 Post subject: "Squatters rights"?
PostPosted: Mon Jul 07, 2014 10:31 pm 
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Joined: Tue Sep 06, 2011 7:34 pm
Posts: 65
This is a bit of a complicated situation so bear with me.
Our house has a "flying freehold" - ie we own an upstairs room above a cellar and barn owned by someone else and attached to our house. Outside this building is a rough piece of land on which we have the legal right to park (in the original "deeds" when we bought 23 years ago) . The right of way to this is over land owned by a third party, and is foot traffic only except for us - and we only use it to have wood delivered annually, and to access with our trailer which is parked there. On the other side of the barn to our house is an enclosed garden which we have an arrangement to use. The barn and garden are owned by Brits in a large house and gardens across the road (holiday home). In the 15 years they have owned it, they have not used it at all. We keep the rough land strimmed, and the reason we are now using the garden is because the Maire was complaining about it being overgrown so we offered to cut down all the brambles and maintain it so we could use it as a potager. Anyway the Brits now have their house on the market, and want to sell it all together with barn, rough land and garden. We have offered to buy this but they have some idea that they can get big bucks for it by selling it with their house to be used as a gite! @-) My question is what is our status regarding both issues. 1) I assume that whoever buys will buy with the existing rights of way, parking etc so we will still be able to use the area we use for our trailer? 2) If whoever buys the barn and garden, we will be given "notice" and time to remove our plants and crops?
I am hoping that someone on here will have heard of a similar situation and give me some advice. Obviously the house might stick on the market for ages, but we have done a lot of work on the garden and would definitely want to remove some of the plants and harvest the vegetables if its sold.


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 Post subject: Re: "Squatters rights"?
PostPosted: Tue Jul 08, 2014 6:10 am 
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Joined: Sat Jan 31, 2009 2:44 pm
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Location: The Republic of Limousin
I don’t know the answer to the garden aspect - it’s definitely something to put to a notaire. Vendors have the right to harvest fruit, veg, etc. from a property after it’s been sold…It may depend on the nature of the “an arrangement to use” you have – perhaps the vendors would be kind enough to put something in writing if it’s just an informal arrangement. The obvious solution (to me) is that you harvest on behalf of the vendors….

As to the right of way and parking, property is sold subject to existing easements (servitudes) so there shouldn’t be a problem. You should nevertheless consult a notaire.

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 Post subject: Re: "Squatters rights"?
PostPosted: Tue Jul 08, 2014 8:25 pm 
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Joined: Tue Sep 06, 2011 7:34 pm
Posts: 65
Thanks, MAD. If the property sells I will certainly speak to the notaire about the servitudes to ensure that the purchaser agrees to what is stated in our deeds and has been in practice 23 years. The strip of land we use is only about 1 x 5 metres along our garden wall
The "allotment" site is more of a worry as I have put in plants as well as vegetables. The verbal agreement was that I clear the land, use and maintain it and pay a "rental" in veggies and have "first refusal" when they sell. I now find that I have made an attractive garden for them to sell over my head!!! :(


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 Post subject: Re: "Squatters rights"?
PostPosted: Wed Jul 09, 2014 10:43 am 
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Joined: Tue Feb 03, 2009 9:08 am
Posts: 2349
Location: Ardeche
I would not wait until the house sells before seeing a notaire.
You need to be sure that the servitudes are correctly recorded so that when a purchaser comes along, these are correctly recorded in his compromis de vente. There can then be no arguments or disputes over who has what rights over what piece of land.

Re the garden, I can only sympathise with your situation.

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