Frequently asked questions about Immobilier

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With my spouse we have a plot of 1000m2 where we built our house, then proceeded to divide the plot. We just want to sell the unbuilt part. The value of land to be used to calculate the real estate capital gain, zero?

No. If the sale concerns part of the land, the capital gain is determined by taking into account the fraction of the acquisition price relating to this part alone. The same applies to charges and indemnities increasing this price (BOI-RFPI-PVI-20-10-20 §130).
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I signed a professional lease with an association. At the end of the lease, I intend to sell the property. Will my tenant benefit from a right of first refusal?

No. The tenant’s right of first refusal is not automatic. Unlike residential leases governed by Article 15 of the Law of 6 July 1989, French law does not provide for a statutory right of first refusal in the context of a professional lease. However, such a right may be granted…
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I have a life estate on a property that belonged to my late husband. The property benefits from an easement of passage on the adjoining land. My neighbour is preventing me from using it, arguing that I am only a life tenant. Is he right?

No. The law states that the usufructuary can enjoy “rights of servitude, of passage, like the owner himself.” You should remind your neighbour of Article 597 of the Civil Code.
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I am married under the regime of community of property reduced to acquisitions. My husband has inherited an undivided share in a real estate property. Today, we wish to purchase the share of his co-owner. Will I become the owner of the property?

No. Under the community of acquisitions regime, assets received by way of succession are considered separate property of the spouse who inherits them (Article 1405, paragraph 1 of the French Civil Code). Consequently, the undivided share inherited by your spouse is his separate property. If you purchase the share of…
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I have a life estate on a property that belonged to my late husband. The property benefits from an easement of passage on the adjoining land. My neighbour is preventing me from using it, arguing that I am only a life tenant. Is he right?

No. The law states that the usufructuary can enjoy “rights of servitude, of passage, like the owner himself.” You should remind your neighbour of Article 597 of the Civil Code.
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