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How does a notarial lease provide greater security?

Notaires de France » Real Estate

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11h ago

The deed to my father's house is at least 35 years old. My father's state of health prevents him from looking after his own affairs, which has led the public prosecutor to place him under guardianship. His condition requires that he be placed in a specialized institution. As the cost ..read more

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I am a co-owner and would like to buy part of the landing adjacent to my apartment. The condominium is made up of three buildings. The co-owners of the building in which my property is located approved the operation at a general meeting.

Notaires de France » Real Estate

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11h ago

The notary has informed me that all the co-owners should have been summoned and taken part during the vote. is it true? Yes…but. Special common portions are those assigned to the use or usefulness of several co-owners and not as an entirety, unlike general common portions. Decisions relating to these ..read more

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How do I find an old title deed?

Notaires de France » Real Estate

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11h ago

The deed to my father's house is at least 35 years old. My father's state of health prevents him from looking after his own affairs, which has led the public prosecutor to place him under guardianship. His condition requires that he be placed in a specialized institution. As the cost ..read more

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I bought a VEFA property. My apartment was to be delivered at the end of October 2019. Delivery has been pushed back to the end of October 2020. Can I ask him to pay me compensation for this delay?

Notaires de France » Real Estate

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11h ago

Yes, you can claim late delivery penalties or damages from your developer, if the delay causes you prejudice (e.g., rental of a storage unit for your furniture, accommodation costs, etc.). However, your promoter may not be held liable if there is a legitimate reason (bad weather, late delivery of materials ..read more

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I'm in joint ownership with my brother and sister of a property inherited from our parents. I'm going to buy their shares. Do I need to provide a technical diagnostic file?

Notaires de France » Real Estate

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11h ago

No. The redemption of undivided shares between undivided co-owners constitutes a partition and is therefore not covered by this ..read more

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I'm about to buy a property on which my neighbor has a right-of-way that gives him access to his electricity meter, which is installed in an outbuilding. This building is currently open, but could I close it off?

Notaires de France » Real Estate

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1w ago

Yes. In principle, nothing prevents you from enclosing the building, unless otherwise stipulated in the easement deed. If this is not the case, article 701 of the French Civil Code prohibits the owner of the servient land from "diminishing its use or making it more inconvenient". So, if you decide ..read more

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We have entrusted the sale of our house to several real estate agencies. One of the agents is personally interested in our property. Can he buy it?

Notaires de France » Real Estate

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1w ago

No. Article 1596 of the Civil Code provides that « the following cannot become purchasers, under penalty of nullity, either by themselves or through intermediaries: […] Agents, of the goods they are responsible for selling […] » Indeed, the agent cannot both represent the seller and acquire his property, under ..read more

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My tenant passed away. I learned from his neighbors that he had been accommodating his brother for two years. Can I still get my property back?

Notaires de France » Real Estate

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1w ago

It depends. On the tenant’s death, the lease can be transferred to certain individuals expressly covered by the law (art. 14 law n°89-462 of July 6, 1989). Thus, if your tenant’s brother was dependent on the latter and lived with him for at least one year on the date of ..read more

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My property has been for sale for 2 years. The notary had sent a declaration of intent to alienate to the municipality, which waived its right of pre-emption. Do I have to make another declaration to the commune if I find a buyer?

Notaires de France » Real Estate

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3w ago

I put my property up for sale 2 years ago. The notary had sent a declaration of intent to alienate the municipality, which had then waived its right of pre-emption. The sale ultimately did not go through. I found a new buyer. Is it necessary to re-declare to the municipality ..read more

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The catering company of which I am the manager holds a commercial lease. The contract includes a rent indexation clause with the reference index being the 3rd quarter of the ILC (commercial rent index). Is it true that this year, the indexation (...)

Notaires de France » Real Estate

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1M ago

of the rent is exceptionally capped due to the economic context? Yes, but under certain conditions. Indeed, to cope with inflation and help SMEs, the law of 16 August 2022 on purchasing power includes various emergency measures, in particular the capping of the annual variation of the commercial rent index ..read more

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