Bounding consists in having an expert precisely measure the exact dimensions of his property and indicate them by placing markers, called terminals. Often unrecognized, this operation is essential when you want to buy, sell, build or when you inherit a property. Indeed, by defining clearly and especially officially the boundaries of a land you prevent any neighborhood discords while taking stock of what you have that can be very useful for future work. That's why this week HandymanDuanche invites you to learn about the demarcation.
The amicable demarcation.
When all the neighbors are in agreement to carry out the demarcation, one speaks then of an amicable demarcation. In this case, a surveyor engaged jointly by the various parties consults the title deeds and plans of the cadastre. He goes on site to determine the exact separation of the parcels. It may be necessary to set terminals or stakes to materialize this separation. He then defers his conclusions on the minutes of demarcation that must be signed by all, before filing it at a notary. Attention, it is also necessary to publish the boundary in the administrative files of * the conservation of mortgages except for the departments of Haut-Rhin, Bas-Rhin and Moselle where the publication is done in the * Land book. If you do not make this publication, then the demarcation will have no official value. Finally, it is important to underline that once signed and published, the report of demarcation is final. It is therefore not possible to dispute it. Therefore, it is strongly advised to read it carefully before affixing its signature.
The judicial boundary.
In case of disagreement, when the neighbors can not agree on an amicable demarcation, it is then necessary to consider to seize the magistrate's court to realize a judicial demarcation. In this case it is the court that appoints the surveying expert responsible for establishing the boundary. The latter must accomplish his mission with "objectivity and impartiality and in a contradictory manner" as stipulated in the new Code of Civil Procedure. However, expenses that are divided equally are borne by the landowners. Judicial demarcation is carried out in much the same way as the amicable demarcation and must also be published in the records of the conservation of mortgages or in the Land Register. Nevertheless, if one of the parties still does not agree with the limits defined by the expert, it is then the judge who will decide and who will decide definitively based on the information collected by the surveyor.
The consequences of the boundary.
Once the boundary has been published, the parties must adhere to the limits and limits defined by the expert. Thus, the destruction of the boundaries is considered as "a deterioration of the property of which it sets the limits". This act can therefore be the cause of a judicial conviction. In addition, if one of the two parties does not take into account the demarcation and carries out a construction outside the defined limit, his neighbor is entitled to demand the destruction of the entire building, even for a few centimeters. This is why before buying or building a property, it is strongly recommended to consult the report of demarcation associated with the property or to claim it from the seller.
Finally, the price of a boundary is relatively variable and depends greatly on the expert surveyor chosen, so for the same field it can go from simple to double knowing that must provide at least 500 euros.
* To publish the boundary of a land to the conservation of mortgages or to the land register, it is necessary to go to the service of the taxes on which it depends.