His fence bites on my field: what risk for the sale of my house?

Bernard realizes that the fence of his neighbors encroaches on his garden. Will he have to lower the sale price of his house? The response of Stéphanie Gaillard, spokesperson for the notaries of Grand Paris, in the Grand Rendez-vous de l’Emal du Realm (Capital/Radio Immo).

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Unpleasant surprise for Bernard, owner of a cute red brick house in Douai, in the North. On the occasion of work in the small garden of this town house, a surveyor teaches him that The fence of its neighbors encroaches a few meters on his field. Knowing that land is worth gold, a few meters less, it is not nothing in terms of impact on the resale price ! “If I resell my house, I will get less than hoped for …”worries Bernard. “Should I go see my neighbor to ask him to back up his fence?”he asks in the program Le Grand Rendez-vous de l’Emal du Real estate (Capital/Radio Immo).

Don’t panic, Bernard, “Unlike the Carrez law»»which requires measuring the truly habitable surface of the property sold, “”The cadastre is only information. A buyer never turns against a seller because the cadastre indicates that the plot on which the house is built measures four ares and 20 centiares while it actually measures four ares and 18 centiares “relativizes Stéphanie Gaillard, spokesperson for notaries from Grand Paris.

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Mandate a surveyor

“Losing a square meter in a large garden because of a poorly placed fence is not catastrophic”she adds. While agreeing that “If I lose half of my garden after new measures of My plot, I will not demand from the purchaser the price that I initially wanted! ». Stéphanie Gaillard therefore advises Bernard to chew on her neighbor’s door to ask him to mandate, with him, a surveyor, which will accurately limit their respective plots, on the basis of the cadastre. A performance that Each will regulate up to 50%.

If the neighbor refuses to finance the surveyor’s work, Bernard will be able to settle it alone. But if his neighbor completely refuses the passage of the surveyor, Bernard will have to go to court. “The court will request an expertise by a surveyor and impose the demarcation resulting from its work on both parties”explains Master Gaillard. It is up to everyone to judge whether the game is worth the candle.

The buyer makes the sale to the sale, justice ordered him to pay 93,000 euros to the real estate agent

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