Property in France: Avoiding common pitfalls

The article I wrote in the November 2007 issue of FPN, explaining the role of the géomètre-expert, generated a surprising number of calls and emails, revealing a clear demand for more information about land ownership issues. Reading about the more common problems may help you avoid making an expensive mistake.

What are you buying?
A simple question, but do you know the answer? On a whistlestop viewing tour you may be happy to accept the agent’s word that “the land goes up to those trees” or whatever, but once a particular property takes your fancy, it’s time to pay attention to detail. Before your second viewing, ask the agent to supply you with a copy of the plan cadastre detailing the property. Don’t be fobbed off, any decent agent will have this information to hand. It’s not top secret!

You will see individual numbered parcels, and unnumbered areas such as roads which are in public ownership. An accompanying list gives the size or contenance of each parcel in hectares (10,000m2), ares (100m2) and centiares (1m2), abbreviated to Ha, A and Ca. For those still in the 19th century, 1 hectare = 2,471 acres. Armed with this plan, use your eyes and legs to check your boundaries, noting any points which need clarification. Vendors and agents can be intimidating, but don’t be scared to ask questions: it’s your money and you need to know what you might be buying.

If you don’t, you could find that the land where you planned to build a pool isn’t yours. The worst case I have come across is someone who bought a rural ruin to renovate, but no land. So there is nowhere for a foul drainage system.

Access
If a property is at the end of a long track, you may see that the mailbox is a long way from the house.Usually it is sited at the boundary of the land by the public highway, but use the plan cadastre to check it out. The cost of repairing your own track will be up to you, while the upkeep of public roads and lanes is the responsibility of the mairie. This doesn’t mean that they will repair every pothole; they have to budget for all the highways in their area and your little lane may not be a high priority. Still, they must keep it usable, especially if it is the only way to reach your property.

If you share an access with one or more neighbours, normally repair costs are shared equally but, as in the UK, there are exceptions to the rule. Check any suspicious-looking gates and worn trackways which seem to give access to parcels not included in your purchase.

Flooding
If your dream is a house on a riverbank, it’s essential to check whether the property is liable to flood. Don’t rely on the owner or the estate agent, all you have to do is toddle into the local mairie and ask to see the plan showing the zones inondables.

It’s worth checking, even if the property is some way from any watercourse, as the zones inondables extend into the flood plain. Apart from any risk of flood damage, there are normally severe restrictions on development forbidding the creation of new habitable floorspace, so any idea of converting barns or attics goes straight out of the window.

History counts
Old stone houses are beautiful, and no doubt you would want to restore and improve yours to the highest standards. However, if it’s an historic building, or in a protected zone, any works will be subject to tight planning and design controls.You might not be able to do what you want, you may have to use more expensive techniques and materials, and the official decision-making process can be frustratingly slow. In tourist areas you may not be allowed to do significant outside works during peak season.

The field next door...
Oh dear, how many calls have I had along the lines of “I've just come back to France and my neighbour is building the most ghastly monstrosity of a house, blocking our view and right by our pool”? Sadly, there is often little that can be done in such cases. On full investigation, the buildings are usually found to be lawful, that is to say planning permission has been granted and the building conforms to the approved plans in terms of design, siting and materials. Minor design changes not in conformity, which do not materially affect the nature of the building, will not result in the builder being forced to demolish the structure.

Unless there has been an infringement of an adjoining landowner’s rights, e.g. if the builder has claimed land which is not rightfully his, in most cases you just have to accept the situation. If you are buying a house with a view that is a quintessential part of the value of the property, make sure you either own the view or that it can’t be built on. Vue impregnable is the phrase agents use to describe a good unobstructed view which is guaranteed to stay that way... but who is giving the guarantee? If the property is perched on a precipice overlooking a valley you are probably okay, but in all other cases it’s caveat emptor – buyer beware. Do your research, ask questions at the mairie and above all use your brain. Think about what could happen on the land next door: might a farmer build a large barn, could a house go there? Would it matter to you? Would you have room to plant screening? Could you negotiate to buy a bit more land?

Still worried?
Seek independent advice from the right person(s), and remember that only a géomètreexpert can confirm precise boundaries. Casual conversations struck up in the local café can often produce interesting results – there may even be a photo of the most recent floods on the wall!

Mary Hall is a chartered surveyor
who lives in south-west France
Tel: 0033 (0)5 65 24 66 46
Email:hall.bureau@neuf.fr

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