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The
land registry plan (‘Plan cadastral’)
Each
property in
France
is registered at the equivalent of the land registry
(‘cadastre’). At the land
registry there are plans of every property consisting of a plan of the
local area divided up into plots carrying individual numbers.
A property is identified from the plot numbers, the place name (‘lieudit’)
and the reference number for the particular plan.
Its place of situation in relation to other plots, rivers and roads
is shown. The property should
be identified by reference to this plan in the contract of sale.
The
land registry plan should be obtained and inspected in respect of any
transaction. This allows for
verification that the land being sold is that originally viewed.
Also, it may be possible to identify problems relating to the land
such as issues over rights of way (if the land itself or neighbouring
plots appear landlocked). Note
that when viewing a plan, shaded areas represent buildings and the arrows
from shaded areas denote that that building belongs to the particular plot
into which the arrow points.
The
surface area of the plots is recorded.
The measurements are usually those taken when plots were divided or
created. The scale of the plan
itself does not permit accurate establishment of boundaries or surface
area. A vendor who is not an
estate agent is usually able to exonerate him or herself from any
liability for inaccuracies relating to boundaries or surface area.
It is thus very much a case of caveat emptor or buyer beware.
It is possible to have the
boundaries established and surface area measured by a ‘géomètre’
(expert land surveyor). The
surveyor will take the land registry plan and blow it up to a larger
scale. An investigation of the
site itself will occur to determine the actual boundaries (often
boundaries are marked naturally by such things as a ditch at the edge of a
field or line of trees). The
purchaser will be liable to pay for this if it is not undertaken in the
context of a land division (‘bornage’) whereby plots are divided and
reconstituted (this is often paid for by a vendor, especially if a plot is
divided so that the he or she can retain part of the land).
08/09/2003
- Issue of the week
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