- Land bounded in two cases
- The amiable demarcation
- The intervention of the expert surveyor
- The costs of amicable demarcation
- The judicial boundary
- Framed: Land locked
- Box: To know more
Building on his land, fencing or planting trees requires knowledge of the boundaries of his property. The demarcation carried out by an expert is the solution to avoid any dispute.
Contrary to popular belief, consulting the cadastre does not inform, certainly, about the limits of its land. This tax document serves to establish the property tax. However, it involves inaccuracies and sometimes even errors. Only the fixed boundary definitively defines the boundaries separating two neighboring private properties. For its realization, it is necessary to call on an expert surveyor. He is the only professional who can do it.
Land bounded in two cases
Land in a subdivision or planning area must be limited to be sold. In all other cases, it is not mandatory. But if you buy land to build, the promise and the deed of sale must specify if the description of the good results from a demarcation or not.
In addition, any owner may compel his neighbor to the demarcation of their respective property (Article 646 of the Civil Code). Depending on the climate between them, the operation will be amicable or judicial.
The amiable demarcation
Two neighboring owners may decide to determine the boundaries of their properties, and mark them with markers or a fence. They have every interest in formalizing their agreement in a writing with a plan in support and file it all at the notary. He will take care of the publication of the boundaries to the service of land advertisement (new name of the conservation of the mortgages). Thus the document will be attached to all sales and transactions.
This idyllic scenario rarely meets: it requires a perfect agreement between neighbors and a property boundary quite apparent. In practice, the operation is often entrusted to an expert surveyor.
The intervention of the expert surveyor
- era stage of the procedure: the surveyor calls on the owners involved. In case of impediment it is possible to be represented by a third party. For this you must give him a mandate: document by which you give him the power to represent your interests for the demarcation operation.
- th step: the surveyor works from the cadastral plan, the material elements of the land (hedge, river, fence for example), property titles. He takes measurements in the field (surveying operation). The goal? Propose property boundaries.
- th stage: when the owners agree on the proposed boundaries, the expert geometer writes a report of demarcation. The location of the terminals is indicated in an attached sketch. The minutes must be signed by all the owners concerned so that the terminals are placed on the ground and impose themselves on them.
- th step: the minutes are deposited with the notary to be then published in the service of land registration. With this condition, the demarcation is opposable to all and especially to the next purchasers,
The costs of amicable demarcation
The expert surveyor does not have a scale to fix his fees. The cost of a boundary therefore varies according to the difficulty of carrying out the operation. To avoid having a bad surprise, the safest way is to ask for a quote.
Owners must agree to share costs (for example by half). In practice, the note is most often set by the owner who took the initiative of the demarcation.
The judicial boundary
If one of the owners does not agree to carry out the demarcation or sign the report of the surveyor, it is possible to seize the magistrate to obtain a judicial boundary. The assistance of a lawyer is not mandatory. The judge appoints an expert surveyor. From the report that this expert geometer will give to the court, a report of demarcation will be established. The owners must sign it. In case of refusal, the minutes will be approved by the court. The judge of the district court fixes the distribution of the costs of demarcation between the parties.
Framed: Land locked
A landlocked land is land that has no access to the public road or access to which is insufficient (passage too narrow for a car, a truck, for example). The owner of such land may request a passage on one of the properties that surrounds it.
- This right to opening up can not be refused to him since he is not responsible for this state of affairs. It can not claim such a right, for example, if it has built a building that obstructs access to the road. Warning! An access simply embarrassing or inconvenient does not allow to get access.
- The passage must be on the shortest route between the enclosed land and the public road. But a longer route can be chosen if it causes less damage (if it avoids cutting trees, for example). The neighbors can agree to fix the place and the conditions of the passage: hours and days, type of authorized machines, charge of the expenses of maintenance... The owners have interest to formalize the agreement in writing in front of notary with publication at the land registration service. In case of dispute, the court of first instance will have to be seized (the assistance of a lawyer is obligatory).
- The owner who bears the right of passage must be compensated for the inconvenience suffered: damage to his land (destruction of plantations to trace the passage), nuisance caused by the passage (noise pollution for example). The costs of establishing and maintaining the crossing are in principle borne by the beneficiary of the right of way. The cost of maintenance is, however, shared between the two if both use it.
Box: To know more
- On the demarcation and addresses of surveyors: ww2.geometre-expert.fr
- On easements and in particular the right of way: paris-notaires.fr