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 Post subject: New rules on copropriete
PostPosted: Tue Aug 12, 2014 5:34 pm 
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Does anyone have any information on new regulations concerning the necessity of forming a copropriete for a "flying freehold" before the property can be sold? We have just been contacted by our neighbours who are selling a property over which we have a flying freehold. They are insisting that we not only set up a copropriete to enable them to sell, but also contribute to the geometre costs of remeasuring the area concerned (we paid a geometre for all this when we purchased the property and all this info is in our acte de vente and the cadastre). Plus we are expected to bear half the cost of setting up the copropriete (not to mention the ongoing costs once they have sold up and disappeared over the hill leaving us with all the hassle of a copropriete) We are living on old age pensions and do not have the funds for this. Can anyone provide a link to relevant information - at the moment our notaires are on holiday and we will of course be checking the situation when they return.


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 Post subject: Re: New rules on copropriete
PostPosted: Wed Aug 13, 2014 6:50 am 
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Location: The Republic of Limousin
I think what you are seeking is here http://vosdroits.service-public.fr/particuliers/F2604.xhtml, but it still sounds like a trick question in a property law exam :lol:
Firstly, don't believe what your neighbours say - folk will spout rubbish if it's to their advantage. Secondly, consult your notaires once they've shed their bikinis and agree to nothing in the meantime.

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 Post subject: Re: New rules on copropriete
PostPosted: Wed Aug 13, 2014 10:08 am 
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OMG - this sounds dreadful and expensive. Can we be obliged to pay up for all of this? There is no copropriete, no bank account, no maintenance details (huh! they haven't spent a penny on anything in the last umpteen years), no AGM's. Can they sell without all of this? And if they do sell and this room is renovated, can we be held liable for any work done on it?

Thanks for the link - I have waded through billions of pages of loi ALUR without finding relevant section.
I am a weeny bit lacking in confidence in the notaire - so many things have been messed up over the years. It was 10 years before we realised that we had bought a house with no right of access (complicated set up) and subsequently the right of way has proved contradictory in its wording (this could prove a problem for new owners in their plans as well). If we are unhappy with the notaire's advice, is there any other body who can advise. The maire will not be very helpful as he is new and doesn't seem very confident of anything.


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 Post subject: Re: New rules on copropriete
PostPosted: Wed Aug 13, 2014 12:02 pm 
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Location: The Republic of Limousin
There's nothing to stop you from going to a different notaire - from what you've said it might be the best idea (take your deeds and any correspondence).
Other than that, there the CLCV (one in most towns) or the permanance juridique (details from your mairie) which is manned by volunteer lawyers. I do not know the answer to your questions but someone does, so don't panic!
I must repeat what I said before - lots of people have a tendency to say n'importe quoi when they know nowt, so don't take what your neighbour says as being right.

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I've been rich and I've been poor. Rich is better.
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 Post subject: Re: New rules on copropriete
PostPosted: Wed Aug 13, 2014 5:12 pm 
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YOU are a star! (*) Its very easy to get rattled in this kind of situation and very reassuring to have a voice of reason. Thank you!


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 Post subject: Re: New rules on copropriete
PostPosted: Wed Aug 13, 2014 6:16 pm 
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Location: Alpes-Maritimes
As MAD has said, take your time and get good counsel.

And enjoy the rest of the Summer.


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 Post subject: Re: New rules on copropriete
PostPosted: Wed Aug 13, 2014 6:55 pm 
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Location: Ille et Villaine (35)
Absolutely agree with Mad regarding people that will spout rubbish.
Definitely a good idea to change notaires if you're not happy with your current one. Can you get anyone to recommend one that they use ? There's never a problem and the new notaire should smooth the way for you.


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 Post subject: Re: New rules on copropriete
PostPosted: Tue Aug 19, 2014 8:13 pm 
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Location: Correze, Pays Basque, now in the Aude
Hi

My wife and I went to, a new to us, Notaire to ask for advice on a legal matter we discussed the problem for 45 minutes and felt reassured, we then asked the cost for his time

We were delighted to be told he was obliged by law to offer one hours advice free, if no documentation was prepared
Has anyone confirmation/knowledge of this facility

Steve


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 Post subject: Re: New rules on copropriete
PostPosted: Wed Aug 20, 2014 6:09 am 
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I didn't know that. Very useful!

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I've been rich and I've been poor. Rich is better.
(Tracy de Scartes)


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 Post subject: Re: New rules on copropriete
PostPosted: Wed Aug 20, 2014 8:56 am 
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Location: somewhere in the "pays de dropt"
SteveFrance64 wrote:
Hi

My wife and I went to, a new to us, Notaire to ask for advice on a legal matter we discussed the problem for 45 minutes and felt reassured, we then asked the cost for his time

We were delighted to be told he was obliged by law to offer one hours advice free, if no documentation was prepared
Has anyone confirmation/knowledge of this facility

Steve



Yes we have personal experience of this when my daughter left her husband about six years ago.

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 Post subject: Re: New rules on copropriete
PostPosted: Wed Aug 20, 2014 12:46 pm 
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Location: Ille et Villaine (35)
SteveFrance64 wrote:
Hi
My wife and I went to, a new to us, Notaire to ask for advice on a legal matter we discussed the problem for 45 minutes and felt reassured, we then asked the cost for his time
We were delighted to be told he was obliged by law to offer one hours advice free, if no documentation was prepared
Has anyone confirmation/knowledge of this facility
Steve

Yes, we had the same experience when we went and talked to a notaire about wills. He told us that as there was no paperwork, there was no charge. We were delighted !


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 Post subject: Re: New rules on copropriete
PostPosted: Wed Aug 20, 2014 9:54 pm 
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Really useful to know! I think it is right as I know a couple who went to discuss options for divorce / separation, and were not charged for advice. :-bd


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 Post subject: Re: New rules on copropriete
PostPosted: Sun Aug 24, 2014 10:09 am 
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Boy, I will be glad when the notaires get back! The village is in a frenzy of rumours! I was told last night that the conseil have the right to compulsorily purchase any land / building and they are going to buy a garden, partly to turn into parking and the other bit to attach to another house they own as a garden so they can sell or let more easily. This could end up being very messy and confrontational - and costing us money! We just want to live peacefully and privately but it sounds like our peaceful idyll is going to be rudely invaded. Its becoming increasingly difficult to put this out of our minds and not worry about it especially as we have very limited financial means!


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