WALLS AND FENCES surrounding PROPERTY FOR SALE in FRANCE
WALLS AND FENCES surrounding PROPERTY FOR SALE in FRANCE
Walls and Fences
Who owns the wall or fence? The answer to this question is not always clear.
The basic rule is that a wall that separates two properties is presumed to be shared, if there is no evidence saying otherwise.
The presumption of a shared wall does not apply if the grounds are completely enclosed
A wall separating a courtyard or garden from a wood or field etc generally belongs to the owner of the garden etc.
The common wall of two buildings is presumed to be shared only if the wall is of the same height and width.
This applies also to other types of enclosure: fences, hedges, ditches and embankments, trees and plants in a shared hedge are shared.
Rules on Enclosing Property
Owners have a right to be able to enclose their land using a wall, fence, ditch, hedge etc providing they follow the rules that our set out and planning regulations.
The legal code considers a property to be enclosed if its border has a hedge of 1.20m or more in height, or a ditch at least 0.50m deep.
If doing work on the boundary make sure you stick to these rules.
Generally you are allowed to enclose your property, however not if it is considered to be against the public interest.
Planning
Generally you don't need planning permission to put up a fence but it is advised to submit the plans to the mairie.
Constructing Against a Shared Wall?
Each person has a right to build something against the wall and have supporting beams etc however as always take great care and get professional help
You're obliged to leave a space of at least 5.4cm width on the side of the neighbour, or at least half the width of the wall.
Neither party can make an opening in a shared wall except by common accord.
You have the right to increase the height of the wall without mutual consent.
You can also state that your going to relinquish your ownership of the wall, along with the responsibility of maintaining it.
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