I bought a house a year ago.
I have a cave under the house with a serious leak which was not present when I bought it. I have discovered the the leak is actually not from my evacuation system but from the restaurant behind me. I confronted the owner and he admitted it was his wastage pipe that came from his house/restaurant. He has said his son who is a plumber would correctly connect the pipe from his property to the pipe running along my cave which joins the main drainage system on the road. He installed this pipe about 20 years ago. He has no rights i.e servitude . But where do I stand legally if I want to sell my house? Do I have the right to block up his evacuation pipe? The waste from the restaurant contains toxic products which have already eroded the ancient evacuation system. I should mention that all the houses in my road were built before 1949. I have been advised to just get it done and say nothing . Its serious as it could be a health risk and could lead to more serious damage. It was only discovered when I wanted to do some reparations to the existing system in my cave but now the area round the pipe has been excavated the wastes is falling from his pipe into my cave with no canalization. Guidance welcome
I maybe mistaken but I read recently that when you sell property here now, you must by law disclose any problems either with the property that could lead to being classed as vice cache or even if you have bad neighbours. Maybe Jane or Matt Davis can shed light on this, donât think I imagined it.
Iâm sure @JaneJones and @Mat_Davies will know the situation âŠ
Both Vice Caché and Servitudes are within the Compromis de vente so they are therefore binding.
I cant prove the ex owner knew her neighbours waste water shared the evacuation system. The houses are ancient and there is a clause protecting her from vice cache. But now I know it exists and i want to sell this house i need to know if i have the right to block the pipe which takes her waste in effect into my cave and if so how can i do that legally.
My âherâ i meant the neighbour
As the buyer of your property you have two years from the date of discovering a significant fault in the property to pursue against the seller for a vice caché that was not mentioned in the Acte of sale. This warranty endures for 20 years from date of purchase
Blocking up the pipes may contravene the neghbourâs servitude dâaqueduc.
I am already in that process since a year and I am unwell. My health is deteriotating and i have been told even though i have proof there is little chance of it being settled. I cant afford to go down that root any further. Can you help me to find out please if i can seperate my evacuation system legally from the neighbours . They have no servitude noted in their acte de vente. They told me that. Thankyou
Iâm wondering if talking to the notaire (the one who dealt with your purchase of the house) would be a good idea? They might be able to advise you regarding both your rights, and your obligations regarding a future sale. Best of luck getting it sorted out.
So sorry, you are having a stressful experience.
Were it me, I would do the following, assuming the Notaire does not give alternative advice.
First, I would visit the Mairie and see if they have any companies to recommend who carry out such repair works. Hopefully, they know of ones who have carried out works in the village.
I would ask for recommendations at the boulangerie, boucherie, epicerie etc. in the village. They may also be forthcoming about names acquired at the Mairie.
Quite quickly I would have a list of at least 2 companies with good reputations and recognised qualifications. I would then contact them. Email can be less effective in France, so a brief call with basic outline of work required and request for an estimate. Being ready with more than one alternative company is needed because good ones are busy.
When the company artisans come for the visit, I would ask them what are the legal solutions they recommend. Stress works ASAP. It is important that this is done properly as works should be declared when selling to pre-empt any future vice cache issues. (Receipts for works can go into the sales folio.)
Once at least 2 estimates are in hand, the choice can be based on cost or speed. In theory, as this leak is the fault of the neighbour, the cost of repair should rightfully be theirs, or at the very least shared. However, in practice this can be a very slow route. Selling this property is the time sensitive priority here, so fixing and cleaning up may be a bullet worth biting.
I wish you luck conquering this challenge!
I read your post in March 2024 regarding a leak of the drainage system when you bought your house. Did that get fixed properly and surely at that point a professional would have identified the current issue as you suggest they are connected to each other ?
Hi
Thanks for asking.
The real vice caché was not thé leak in my cave but that ex owner didnt déclaré that her neighbour was using her evacuation system without permission ie no servitude mentioned in the acte de vente. The neighbour which is a little restaurant has fixed the problem by connecting their system properly. It too k them one day! After 20 plus years. This vice caché caused me à depression serious. I just dont understand people!