Frequently asked questions about Immobilier

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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 interested in buying a house in the countryside that seems abandoned. How to find the current owner?

If you do not obtain this information from the neighbors or the town hall of the property’s location, you can find the name of the owner by contacting the Land Registry Service of the department where the property is located. ( https://www.servicepublic.fr/particuliers/vosdroits/F17759 ). You will have to provide the cadastral…
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To acquire our future property, my friend and I must take out a mortgage. The deadline for the fulfillment of the suspensive condition is approaching and for the time being, we have only obtained an agreement in principle from our banker(...)

... Can we consider that our loan has been granted ? No. As the legislator did not define the concept of obtaining a loan, the Court of Appeal specified that it corresponds to "the presentation by a credit agency of a firm and unreserved regular offer corresponds to the characteristics…
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My spouse and I own our house which we plan to sell. Since my spouse has been in a nursing home (EHPAD) for a year, will the notary still consider this the sale of his primary residence so that he is exempt from capital gains tax?

Yes, but under certain conditions. Your spouse can benefit from this exemption if the signing of the authentic sale deed occurs within two years of his entry into the nursing home (Article 150 U, II, 1°ter CGI and BOI-RFPI-PVI-10-40-20 §80 and 90). Other conditions must also be met (income cap…
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My husband and I bought a plot of land and built our second home ourselves. We now want to sell it. For the purpose of calculating the capital gain, which acquisition date should be used? Can the cost of materials be included?

The holding period for calculating real estate capital gains tax starts from the date of the deed of acquisition of the land, not the completion date of the construction works (BOI-RFPI-PVI-20-20). The acquisition price may be increased by construction expenses for their actual amount, provided the works were carried out…
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