Land Works
Our location as well as our archives since 1965 are a major added value in all questions relating to land files (and associated land law) in our reference sector.
Article 1 [of the law of May 7, 1946] provides thatthe expert surveyor is the only competent person to set the boundaries of land assets and, as such, collect and draw up, on any scale and in any form whatsoever, plans and topographical documents concerning the definition of rights attached to land ownership, such as plans of division, sharing, sale and exchange of land assets, plans for demarcation or delimitation of land ownership.
The Expert Surveyor therefore intervenes in order to define the existing or future property boundaries by materializing them most commonly by boundary markers and subsequently draw up the related land plan.
The order of expert surveyors created in 1946, to which all expert surveyors are fully affiliated, allows the control and standardization of the rules of the art and ultimately to satisfy the public order mission entrusted to it, namely the delimitation between different properties. As such, expert surveyors are regulated professions which are included in theliving environment professions.
Our files must be archived and kept without any date limit. The archives are of probative force in order to recover ancient writings making it possible to trace the will of the parties who have now disappeared.
The Expert Surveyor is therefore a technician with complete legal training on everything relating to land (limits, easements, ownership, etc.)
Article 646 of the French Civil Code stipulates that: "Any owner may require his neighbor to demarcate their adjoining properties. This operation can be carried out by an expert surveyor, the only person authorized by the public authorities to lay boundary stones: - Summoning the neighbors in writing; - Drawing up a plan of the land as a preamble to the amicable boundary demarcation meeting; - Holding an amicable boundary demarcation meeting with all the parties involved, in order to define the boundaries and mark them with boundary stones; - Drawing up a boundary demarcation report, together with a boundary demarcation plan, and submitting it to the parties for signature; - Archiving the original documents internally and in a national database called geofoncier (www.geofoncier.fr). The definition of the property boundary is the prerequisite for the application of all the laws of the civil code concerning good neighborly relations, such as the correct distance of a new construction from the boundary, the correct position of the enclosing wall, good practices concerning planting distances... This mission must be carried out in contradictory (presence or representation of the neighbors and the owner on the day of the demarcation) and a minimum notice period of 15 days is prescribed by our texts. The price of such a mission is freely set by practitioners.
Boundaries seem to be the solution!
Article 322-1 of the penal code provides that the destruction, damage or deterioration of property belonging to another is punishable by two years' imprisonment and a fine of 30,000 euros, unless it results only slight damage. When we notice the disappearance of a terminal, the difficulty consists of identifying the author of the damage and proving his guilt. Common sense advice lies in making sure to clearly mark existing boundaries with solid, high iron stakes to avoid accidental damage and regularly check the existence of these boundary markers. It is also advisable to keep the boundary documents in the same way as your property deed in order to be able to reposition them in the event of their disappearance.
Even if the nominal price of a terminal is not very important, the latter being the marker of the property limit (constitutional and sacred property right in France), the operation necessary to put the terminal back in place remains expensive. Indeed, a new summons is necessary and the drafting of a new report must accompany it.
This operation can only be carried out if there is a regularly established boundary action plan.
Boundaries seem to be the solution!
The amicable demarcation described in the previous question occurs in the context of two neighboring plots held by two different owners. When you wish to detach part of your land in order to sell it to your neighbor or to a third party, it is necessary to have recourse to an Expert surveyor in order to set the new limits. This new limit will subsequently be shown on the cadastral plan. During this operation, it is common to have amicable boundaries in places (see the previous question).
This very common service usually takes place as follows:
- Convocation of local residents if terminals are to be installed along the property line with them;
-Installation of new dividing boundariesin agreement with the requesting owner and establishment of the new inventory statement in correspondence. Census of easements created by the new division if any exist;
- Drafting of the various plans associated with field operations;
- Creation of the DMPC (modifying document to the cadastral plot) which will make it possible tocreate new cadastral numbers in order to establish the notarial deed which must follow;
- Sending the file to the notary responsible for the subsequent deed and to the owner;
-Archiving documents in our archives as well as in a national database called geofoncier (www.geofoncier.fr).
A proposed division plan is often sent during the file to the notary office so that it can draw up a sales agreement or a private signature in order to secure the transaction and shorten deadlines.
Boundaries seem to be the solution!
The first step, often carried out by owners, consists of requesting and obtaining an operational Urban Planning Certificate commonly called CUb. It is not obligatory, but strongly recommended in order to make the process safer. The main interest lies in a preliminary study by the instructing services of the constructability of the land and the associated taxes. This process can be initiated by the owner or by a professional.
The CUb obtained by the expert surveyor must be used in order to divide the land and prepare the associated town planning file.
Here are the main stages of the process:
- Convocation of all residents of the future building land.Indeedthe total demarcation of the building land is obligatory ;
- Amicable demarcation meeting on the land in order to demarcate the entire area of the building land,set the boundaries of division and record altimeter points;
- Assembly ofurban planning file for prior declaration of division and submit the file to the town hall against receipt of deposit;
- Once the declaration has been granted (one month) a sign will be placed by the owner on the land in order to clear third party appeals;
- Assembly and numbering of the amending document to the cadastral plot allowingthe reservation of new cadastral numbers ;
- Sending the file to the notary responsible for drawing up the deed and to the owner;
-Archiving documents in our archives as well as in a national database called geofoncier (www.geofoncier.fr)
Division for the purpose of building requires a town planning declaration called prior declaration of division for the purpose of building. This document contains the dimensions, surfaces and altimetry of the future land on which future buyers will be able to apply for a building permit. This operation of cutting up land with a view to building is carried out in consultation with the notary who will enter into a signature with suspensive clauses in order, once these have been lifted, to sign the final deed.
Division seems the solution!
The civil code stipulates that easements are charges (meaning constraints with serious consequences) which burden a property for the benefit of a neighboring or third party property.
Easements take multiple forms and can represent a real burden (passage) or they can have almost no consequences (underground electrical network) on the enjoyment of one's property.
For example, below are easements which are subject to increasing constraints:
- Right of way ;
- Easement of views (windows);
- Right of way for maintenance;
- Easement of buried wet networks;
- Dry network easements (telecom, etc.)
- Roof overhang easement;
- Drawing easement...
An easement is characterized by a dominant fund (the one who benefits from it) a servient fund (the one who supports it) and the terms of exercise. It must be notarized to exist but it can also pre-exist due to the previous location of the premises.
We draw up plans to establish easements or to modify them, we also advise our clients on the steps to take on existing easements in order to clarify their rights and duties, we can support the process of opening up a property amicably in order to avoid legal proceedings.
As cases of servitude are almost infinite, it is difficult to list all the common situations that can arise and give general advice. We prefer that you contact our office in order to explain, advise or refer you to another person on this often complex subject.
The expert surveyor, as a person in the field and a man of law and technique, is particularly suitable for questions relating to easements and their existence.
Division seems the solution!
Why call on a Land Surveyor?
I would like to install boundaries between my neighbor and my property
What to do when a terminal has disappeared?
How do I cut off part of my recreational or agricultural land to sell it?
I would like to sell building land for a home or a hangar
I have a bondage problem
I'm in a different situation
Why call on a Land Surveyor?
Article 1[of the law of May 7, 1946] provides thatthe expert surveyor is the only competent person to set the boundaries of land assets and, as such, collect and draw up, on any scale and in any form whatsoever, plans and topographical documents concerning the definition of rights attached to land ownership, such as plans of division, sharing, sale and exchange of land assets, plans for demarcation or delimitation of land ownership.
The Expert Surveyor therefore intervenes in order to define the existing or future property boundaries by materializing them most commonly by boundary markers and subsequently draw up the related land plan.
The order of expert surveyors created in 1946, to which all expert surveyors are fully affiliated, allows the control and standardization of the rules of the art and ultimately to satisfy the public order mission entrusted to it, namely the delimitation between different properties. As such, expert surveyors are regulated professions which are included in theliving environment professions.
Our files must be archived and kept without date limit. The archives are of probative force in order to recover ancient writings allowing us to trace the will of the parties who have now disappeared.
The Expert Surveyor is therefore a technician with complete legal training on everything relating to land (limits, easements, ownership, etc.)
Why call on a Land Surveyor?
Article 1[of the law of May 7, 1946] provides thatthe expert surveyor is the only competent person to set the boundaries of land assets and, as such, collect and draw up, on any scale and in any form whatsoever, plans and topographical documents concerning the definition of rights attached to land ownership, such as plans of division, sharing, sale and exchange of land assets, plans for demarcation or delimitation of land ownership.
The Expert Surveyor therefore intervenes in order to define the existing or future property boundaries by materializing them most commonly by boundary markers and subsequently draw up the related land plan.
The order of expert surveyors created in 1946, to which all expert surveyors are fully affiliated, allows the control and standardization of the rules of the art and ultimately to satisfy the public order mission entrusted to it, namely the delimitation between different properties. As such, expert surveyors are regulated professions which are included in theliving environment professions.
Our files must be archived and kept without date limit. The archives are of probative force in order to recover ancient writings allowing us to trace the will of the parties who have now disappeared.
The Expert Surveyor is therefore a technician with complete legal training on everything relating to land (limits, easements, ownership, etc.)
Why call on a Land Surveyor?
Article 1[of the law of May 7, 1946] provides thatthe expert surveyor is the only competent person to set the boundaries of land assets and, as such, collect and draw up, on any scale and in any form whatsoever, plans and topographical documents concerning the definition of rights attached to land ownership, such as plans of division, sharing, sale and exchange of land assets, plans for demarcation or delimitation of land ownership.
The Expert Surveyor therefore intervenes in order to define the existing or future property boundaries by materializing them most commonly by boundary markers and subsequently draw up the related land plan.
The order of expert surveyors created in 1946, to which all expert surveyors are fully affiliated, allows the control and standardization of the rules of the art and ultimately to satisfy the public order mission entrusted to it, namely the delimitation between different properties. As such, expert surveyors are regulated professions which are included in theliving environment professions.
Our files must be archived and kept without date limit. The archives are of probative force in order to recover ancient writings allowing us to trace the will of the parties who have now disappeared.
The Expert Surveyor is therefore a technician with complete legal training on everything relating to land (limits, easements, ownership, etc.)
Why call on a Land Surveyor?
Article 1[of the law of May 7, 1946] provides thatthe expert surveyor is the only competent person to set the boundaries of land assets and, as such, collect and draw up, on any scale and in any form whatsoever, plans and topographical documents concerning the definition of rights attached to land ownership, such as plans of division, sharing, sale and exchange of land assets, plans for demarcation or delimitation of land ownership.
The Expert Surveyor therefore intervenes in order to define the existing or future property boundaries by materializing them most commonly by boundary markers and subsequently draw up the related land plan.
The order of expert surveyors created in 1946, to which all expert surveyors are fully affiliated, allows the control and standardization of the rules of the art and ultimately to satisfy the public order mission entrusted to it, namely the delimitation between different properties. As such, expert surveyors are regulated professions which are included in theliving environment professions.
Our files must be archived and kept without date limit. The archives are of probative force in order to recover ancient writings allowing us to trace the will of the parties who have now disappeared.
The Expert Surveyor is therefore a technician with complete legal training on everything relating to land (limits, easements, ownership, etc.)
Why call on a Land Surveyor?
Article 1[of the law of May 7, 1946] provides thatthe expert surveyor is the only competent person to set the boundaries of land assets and, as such, collect and draw up, on any scale and in any form whatsoever, plans and topographical documents concerning the definition of rights attached to land ownership, such as plans of division, sharing, sale and exchange of land assets, plans for demarcation or delimitation of land ownership.
The Expert Surveyor therefore intervenes in order to define the existing or future property boundaries by materializing them most commonly by boundary markers and subsequently draw up the related land plan.
The order of expert surveyors created in 1946, to which all expert surveyors are fully affiliated, allows the control and standardization of the rules of the art and ultimately to satisfy the public order mission entrusted to it, namely the delimitation between different properties. As such, expert surveyors are regulated professions which are included in theliving environment professions.
Our files must be archived and kept without date limit. The archives are of probative force in order to recover ancient writings allowing us to trace the will of the parties who have now disappeared.
The Expert Surveyor is therefore a technician with complete legal training on everything relating to land (limits, easements, ownership, etc.)
Why call on a Land Surveyor?
Article 1[of the law of May 7, 1946] provides thatthe expert surveyor is the only competent person to set the boundaries of land assets and, as such, collect and draw up, on any scale and in any form whatsoever, plans and topographical documents concerning the definition of rights attached to land ownership, such as plans of division, sharing, sale and exchange of land assets, plans for demarcation or delimitation of land ownership.
The Expert Surveyor therefore intervenes in order to define the existing or future property boundaries by materializing them most commonly by boundary markers and subsequently draw up the related land plan.
The order of expert surveyors created in 1946, to which all expert surveyors are fully affiliated, allows the control and standardization of the rules of the art and ultimately to satisfy the public order mission entrusted to it, namely the delimitation between different properties. As such, expert surveyors are regulated professions which are included in theliving environment professions.
Our files must be archived and kept without date limit. The archives are of probative force in order to recover ancient writings allowing us to trace the will of the parties who have now disappeared.
The Expert Surveyor is therefore a technician with complete legal training on everything relating to land (limits, easements, ownership, etc.)
Why call on a Land Surveyor?
Article 1[of the law of May 7, 1946] provides thatthe expert surveyor is the only competent person to set the boundaries of land assets and, as such, collect and draw up, on any scale and in any form whatsoever, plans and topographical documents concerning the definition of rights attached to land ownership, such as plans of division, sharing, sale and exchange of land assets, plans for demarcation or delimitation of land ownership.
The Expert Surveyor therefore intervenes in order to define the existing or future property boundaries by materializing them most commonly by boundary markers and subsequently draw up the related land plan.
The order of expert surveyors created in 1946, to which all expert surveyors are fully affiliated, allows the control and standardization of the rules of the art and ultimately to satisfy the public order mission entrusted to it, namely the delimitation between different properties. As such, expert surveyors are regulated professions which are included in theliving environment professions.
Our files must be archived and kept without date limit. The archives are of probative force in order to recover ancient writings allowing us to trace the will of the parties who have now disappeared.
The Expert Surveyor is therefore a technician with complete legal training on everything relating to land (limits, easements, ownership, etc.)