Legal Advice queries

Great Logo x

I like the second logo and the blue/silver shield the best x

An English speaking French attorney, Jean Taquet, has a monthly e-mail that is a valuable resource for expat legal questions.

Thanks. the rally was a bit boring - long periods of silence interspersed by 2 seconds of noise! Will post some picvs tomorrow. We have 12 young rally followers staying B and B for the weekend, including 4 ladies, one of whose father is in 1st place on the French championship. They are rather noisy and eat a lot at breakfast.

Wow, we have a fabulous choice, open to vote I reckon, thank you Neil. How was the rally?

logos are go!

This is one I can comment on: ‘procuration’ means power of attorney, but a special one is needed for international transactions. Your husband, I am assuming in the UK< will need to go to a notary public, who will explain the procedure. For full formality the notary public’s authentication of the signature in turn goes to the Foreign Office who in turn add to the document - the process can take up to a week. Roger Sceats

Hi, My husband can’t be in France to sign l’Acte. The notaire has said “je peux vous envoyer une procuration Ă  l’effet de reprĂ©senter votre Ă©poux Ă  la signature” does this mean she is going to send me a form for him to proxy or does he have to stand in front of a lawyer to give his signature? Cheers

Hi Guillaume, I have started discussions with a local notaire now. I had emailed him at the same time as I posted on this thread and he has suggested a meeting. I will certainly bear in mind whether I actually need a will or not when we discuss our situation.

Many thanks for the input and I may well be back to you shortly, I will send an email if we need to discuss things further.

Hi Catherine, I have looked at that thread now and it was very useful. Also a lot less expensive than the quote I received. Thanks for pointing it out.

Thank you, Guillaume and Nick, for your prompt and valuable advice. We shall construct a letter to the Marie asking for evidence of authorization, explaining that as we have had no reply from two letters to him and one to the neighbour that we shall have to contact the Procureur de la Republique and take official photos of the barn. This may prompt some communication. Thanks!

I would also suggest that if as you say, the vibrations are causing physical damage to your property, then it would be advisable to undertake an official â€œĂ©tat des lieux” witnessed by a huissier. This is a written and photographic condition survey witnessed by a court official, which takes a snapshot if you like of your property now. This can then be used to provide hard evidence as to what damage has taken place.

@Lorraine Orton

Dear Lorraine,

This is indeed quite a nasty surprise.

If a civil communication with your neighbours is not possible you were absolutely right to write to the mairie as the mayor is responsible in this type of matters. Since 2009, certain civil servants and agents have a duty to formally record such nuisance in order to fine the person responsible. A letter to the Procureur de la RĂ©publique may force the local authorities to finally act.

It would also be useful to check that your neighbour has formally received the authorisation to carry out such activity. You may find that instead of targeting the disturbance created by the noise it is more effective to stop the source of the noise.

If such measures cannot be applied, you may then have to seek compensation through a litigation procedure on the grounds of “neighbourhood disturbance”. In recent Court cases, judges have ruled compensation for excessive noise and sometimes even allowed an extra compensation for the “loss of a chance to sell”.

I hope this helps.

@Brian Stephens
Welcome to this FAB Group Brian!

French inheritance rules override any will and unlike in the UK, a French will is not necessarily the solution. But French rules are not necessarily working against your wishes and you may prefer to first check that you do need a will (or any other estate planning measure).

I am happy to discuss this with you and advise should any estate planning was required.

Hi there,
I’ve been directed to this group by James, in the hope that someone, maybe Guillaume, might be able to offer us some advice.
We have owned our house in the Vendee for six years, but last August we became able to spend most of our time in France. It was at this time that we became aware of a good deal of chain-sawing noise coming from our neighbours yard. Although unusual, we put it down to being the season when everyone is building up their wood pile. However, when huge lorries began to arrive with loads of wood, we realised that the yard had actually become a saw mill.
We wrote to the Mairie twice to politely point out that this was very noisy, so close to our house, but did not receive any acknowledgement. We wrote to our neighbour and asked if he could chain saw further from our house, but again there was no reply. The noise is exhausting and even inside the house it cannot be avoided. The vibrations when the lorries unload is causing our old barn to collapse. Our other neighbours in the hamlet, who can hear it, but are further away than us, say that it started about a year ago and that we should protest, but who to? They warned us that the wife of the noisy neighbour is on the council! We cannot tolerate the noise of a factory next door and we are sure that we will never sell the house in this situation
so what can we do??? Please help!

Thanks Neil. Whenever you get a chance.

James - noted name change and will revise logo ideas tomorrow as am in the middle of repairing a shower leak as we have a racing car team for the off-road event in Arzacq staying with us from Friday

Neil

Hi Brian - there is a discussion and prices on the first page of the bilingual legal assistance thread above - have no idea what it is doing there


Hi Everyone, thought I would join and ask an immediate question about French wills. Does anyone have a recommendation for a notaire or solicitor that offers a will writing service?
I have found one or two but they seem really expensive compared to the UK so I thought it was worth investigating further before committing. Perhaps I am being a little naive as to what this service costs and if so ‘c’est la vie’ as they say, I will just have to pay up and look happy!

Neil, please note the change of name to Friendly Advice Bureau

Thanks

James