G
Guest
·Suppose a plot of land A with constructible status exists with a boundary between it and another plot on which a house has been (long-ago) contructed. The owner of Plot A (Party 1) was the recent vendor of the house to Party 2
Plot A is now sold to a third party (Party 3 - quelle surprise...), who submits wholly acceptable house plans to the Mairie for consideration.
Party 2 and Party 3 have met each other in the past, get on well, nattered socially, etc, no worries. However, they do not see each other in their 'daily routine'.
The measuring-and-pegging ceremony for Plot A is carried out without an invitation to Party 2 to participate; he just arrived home one day to find stakes in his lawn, cars driving round it for access (even though they could have accessed Plot A easily without touching the lawn), etc.
No documentation concerning the boundary marking is subsequently passed to Party 2 for consulation, signing, etc.
NB the boundary itself has not changed where it is a common boundary to Party 1 and 3 - just the ownership of the Plot A.
Party 2 wanders off to the Mairie to check something only semi-related, sees that the shape of Plot A on the plans is totally different to that which has been staked out on the ground - by the tune of about 200 sqm out of a supposed total of 1600sqm.
So, as it said in my A-Level exams long ago - 'feel free to discuss', particularly with respect to ...
1. Should Party 2 have been formally, er, party to the geometre ceremony, even though that ceremony did not actually change the boundary itself, just who he shares it with?
2. Should Party 2 alert Party3 to the discrepancy before the AdV (assuming it hasn't already been and gone?
3. What else have I missed ?
Plot A is now sold to a third party (Party 3 - quelle surprise...), who submits wholly acceptable house plans to the Mairie for consideration.
Party 2 and Party 3 have met each other in the past, get on well, nattered socially, etc, no worries. However, they do not see each other in their 'daily routine'.
The measuring-and-pegging ceremony for Plot A is carried out without an invitation to Party 2 to participate; he just arrived home one day to find stakes in his lawn, cars driving round it for access (even though they could have accessed Plot A easily without touching the lawn), etc.
No documentation concerning the boundary marking is subsequently passed to Party 2 for consulation, signing, etc.
NB the boundary itself has not changed where it is a common boundary to Party 1 and 3 - just the ownership of the Plot A.
Party 2 wanders off to the Mairie to check something only semi-related, sees that the shape of Plot A on the plans is totally different to that which has been staked out on the ground - by the tune of about 200 sqm out of a supposed total of 1600sqm.
So, as it said in my A-Level exams long ago - 'feel free to discuss', particularly with respect to ...
1. Should Party 2 have been formally, er, party to the geometre ceremony, even though that ceremony did not actually change the boundary itself, just who he shares it with?
2. Should Party 2 alert Party3 to the discrepancy before the AdV (assuming it hasn't already been and gone?
3. What else have I missed ?