We recently sold a property where the owner had made his garden coming up to 30 years ago in the farmer’s field… The two neighbours had never really cottoned on to this fact. The encroachment was something like 600m² on a pretty much rectangular parcel of land of about 4,000m² (along one length and one width). On the ground and with the land registry plan (plan cadastral) it was not really very visible but on ‘geoportail’ the difference was blindingly obvious… One could potentially have said that it was not really of significance on such a large parcel (after all the official surface area sold came from the title deeds and so was correct) but the main problem was that the access to the back of the building, as well as the drains for the septic tank, was rendered much more complicated because one would have had to go via the other side which would have been much less practical. Plus naturally the buyer wanted the garden as he had seen it and did not want to inherit a problem of this nature.

To resolve the issue we needed the intervention of a land surveyor (Géomètre) to re-draw the boundaries and insert boundary stones (bornage) and create two new parcels from the larger ones belonging to the neighbour (arpentage). Very fortunately the neighbour agreed that the owner purchase the 600m² from him (finally he added in a bit more to make angles easier to work with by tractor) at the price of agricultural land (he had recently purchased land close by so there was an exact reference for the price). Everything went smoothly but it was a relatively complex situation that could quickly have become tense and potentially evolve into a ‘ransom strip’ type scenario…

Given the time necessary the situation was resolved at the same time as the sale of the property went through subject to a condition precedent in order to protect the buyer. The seller acquired the new parcels and then immediately sold them along with the rest to the buyer. The fees for the land surveyor were approx. 1,400 Euros incl. VAT.