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• Demarcation
The demarcation is the operation which has for object to fix definitively the limit séparative of two contigües properties.
Angles and limits are generally realized by marks called "borders".
Quels sont les principaux textes réglementant la procédure de bornage ?
The Civil code: the demarcation is governed by the only article 646 of the Civil code: " every owner can oblige his neighbor the demarcation of their contigüe property. The demarcation is made in freshly common ".
Quels sont les principaux textes réglementant la procédure de bornage ?
Law of May 7th, 1946: this modified law, establishing the Order of the Land surveyors-experts, confers to these the exclusive responsibility " to realize the studies and the topographic works which fix the limits of the real estates ".
The law subjected the demarcation to no particular shape, but the Order of the Land surveyors-experts published a methodology and rules of the art. The procedure always has to begin with the search and the summons of the neighbors. She ends after the pose of borders either the location of the limits by the signature of a plan and a statement of demarcation by all the concerned owners.
Quand est-il nécessaire de réaliser un bornage ?
The demarcation is useful every time an owner ignores the exact limit of his property, what is generally the case, the notarial and administrative acts specifying only very rarely the limits of the sold possessions. It is advisable to remind that the land registry, the document with fiscal character, cannot be likened to a title deed.
The demarcation is indispensable in case of creation of building land, division of built ground and to build, and more generally before any construction of fences(closes), plantation of trees or shrubs, construction of buildings(ships) around the visible limit.
Les limites apparentes sont-elles suffisantes pour délimiter la propriété ?
Very often the buyer does not consider useful to limit because he notices on the spot visible limits , enclose, wall. But as long as the demarcation was not made, nothing proves that the neighbor did not build its wall or its set back fence and that he is thus an owner of a band of ground situated beyond the visible limit. Only the contradictory demarcation made by a land surveyor-expert defines the real limit bringing all the guarantees to the concerned owners.
Est-il nécessaire d'avoir l'accord du voisin pour réaliser un bornage ?
The demarcation inevitably has to be made in the presence of the parts, or representatives were accredited by the parts and with their agreement.
Any border put without the agreement of one of the neighbors has no value within the framework of the amicable demarcation and can be disputed.
But the demarcation made regularly and approved by the parts becomes definitive and made the law between these.
Est-il nécessaire d'avoir l'accord du voisin pour réaliser un bornage ?
It is up to the owners concerned to watch the preservation of the composed borders.
From his part, the land surveyor-expert author of the demarcation has the obligation to keep, in his archives, the original or one of the originals of the signed documents.
Finally, since January 1st, 1997, all the land surveyors-experts have the obligation to pay, in an internal directory held by the Order of the Land surveyors-experts, the references of the demarcations which they realize.
Est-il nécessaire d'avoir l'accord du voisin pour réaliser un bornage ?
When there is discord on the proposed limit, or downright refusal of a neighbor to participate in the operations of amicable demarcation, the owner who wants to know his limits has the possibility of resorting to the judicial demarcation. This one is the skill of the magistrates' court of the place where is situated the ground.
The judge indicates a land surveyor-expert registered on experts' list near the Court of Appeal, which makes its mission within the framework of the capacities of the new Civil Code of Procedure.
In case of sale: unless otherwise stipulated, the Civil code reminds that the salesman has two obligations: " that to free and that to guarantee the sold thing ". The salesman should thus take at his expense the expenses of demarcation. Regrettably for the buyer, the act contains generally opposite capacities which dispense the salesman of the guarantee. He thus falls to the buyer to be all eyes and even requiring. In other cases, it is generally the plaintiff who takes expenses at his expense. But, except commitment of his part to take at his expense the completeness of expenses, he can afterward ask for the application of the second paragraph of the article 646 of the Civil code which plans that the demarcation is made in freshly common.