I have owned a little barn which I renovated into a gallery and studio for almost thirty years. All this time, a neighbouring farmer has used my driveway to access his barn which is behind mine. Recently this neighbour and his sister who is a retired judge wrote me an 8 page letter insisting that I contain my dogs with a fence, yet not impede their access to their barn. They called in surveyor to confirm the boundary, and he produced a cadastre showing a pedestrian panhandle a meter wide connecting their barn and property to the road, which has been taken from my land. This panhandle is not on the Napoleonic cadastre. It also narrows my driveway to the extent that it impedes my passage to my carport at the far end of my barn. We suspect that someone has tampered with the cadastre and I would like to be find out what the cadastre was in 1991 when I bought the barn. Anyone know how I can access the cadastre archives? Can’t find anything on the internet- just the current official one that has possibly been tampered with, and the Napoleonic cadastre which dates back to the early 1800’s.
Your Mairie may well have a set of copies of all post-war cadastral plans. If not phone your departmental archives as they will have them but may not have a walk in service due to Covid.
I can’t put my finger on it right now, but when we bought a piece of land recently we had a whole debate about some law or other that meant you could not block access to someone else’s land. If your land is between them and the road then they must have access rights…
That’s a very serous allegation - I trust you have sufficient proof to back up such a claim…
Would not the notaire who handled your purchase have a copy of the cadastre attached to his records of the purchase? Isn’t it usual form for all parties to initial copies of all documents affecting the sale/purchase of property/land in France?
A year or two after I bought my barn, they bought A house other parcelles which border the barn. It also has access to a voie communal, so enclavement is not an issue, though they are trying to make it one.
No proof- just a suspicion which I would like to look into as I don’t recollect seeing a cadastre when buying the barn. They don’t have a “titre de servitude”. I just let them use my driveway to be a gracious neighbour, but now they are asserting rights.
My mayor has made it very clear that he does not want to be involved in a dispute btwn me and the neighbour. I think people are intimidated by her having been a judge.
Only the seller, the notaire and I were present for my purchase of the barn 29 years ago. The notaire retired many years ago, and the seller has died.
This site says you can “Trouver l’historique d’une parcelle cadastrale”. I have no idea whether this is actually possible.
I was suggesting you ask the Mairie not the Maire.
The eyes have it
or did you «the ayes have it»?
why so glum @Eddie ? you’re normally more upbeat…
I’m tired,I think I might be coming down with a cold. Normal service will be resumed after a nap
I hope you feel better soon, I felt very odd with the huge temps swings we’ve been having.
I am in the Uk but we have had a pronounced change in temperature here which I think has affected me
Many thanks. I will check it out.
We bought a house 3 years ago with a servitude between us and the neighbour. It was not shown on the Cadastre but it was noted on the “compromis”, which probably means it’s a private servitude. If you look at your “compromis” and “acte” it should be mentioned.
Is there something in French Law about a 30 year rule i.e if you have allowed something for 30 years, it becomes legal?
You are quite right Peter, however, if it hasn’t been used for 30 years the servitude can be closed.