- Bounding of a land, non-compulsory operation on the principle
- Obligation of demarcation for building land
- No obligation to demarcate the land in case of sale
To demarcate his property passes by the demarcation of his ground. In principle, this operation is not mandatory, although some properties must be submitted. The sale of land should always focus on this aspect of demarcation.
Bounding of a land, non-compulsory operation on the principle
The demarcation permanently fixes the boundaries between two contiguous lands and materializes them by the installation of terminals. This operation is not mandatory in principle, remains strongly recommended to avoid any future dispute.
However, if one of the owners asks for it, he can impose this demarcation operation on his neighbor. A rule defined by article 646 of the Civil Code: "any proprietor may compel his neighbor to demarcate their contiguous properties...".
In case of refusal of the latter on the need for demarcation or if he refuses the limits defined by the operation, an instance judge is then seized of a boundary action.
Obligation of demarcation for building land
Land intended for the construction of residential or mixed buildings, must be bounded:
- if they are part of a subdivision
- if they have been divided into "Concerted Development Zone" (Zac)
- if they come from a land consolidation carried out by an urban land association (operation aiming at the creation of exploitable agricultural properties thanks to the exchange and the regrouping of scattered plots).
In case of breach of this obligation, the purchaser may request the nullity of the sale. To take this step, he has a period of 1 month following the signature of the final deed of sale. However, he will lose all recourse in case of mention of this absence of demarcation in the bill of sale.
No obligation to demarcate the land in case of sale
As a general rule, and provided that the land concerned by the sale does not belong to the particular cases mentioned above, the demarcation of the real estate put on sale remains non-obligatory.
During the transaction of the land built or to be built, the promise of sale must however imperatively contain the description of the property and mention whether or not it has been demarcated.
Indeed, in the absence of these mandatory information, the purchaser is entitled to return to the transaction and ask for its invalidity.