Frequently asked questions about Immobilier

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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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In the context of a life annuity (viager) sale, who is responsible for paying the various charges on the property?

The law is silent on this matter. Therefore, it is advisable to specify the allocation of charges in the sale agreement. For example, if the life annuity is occupied, it may be agreed that the annuitant (i.e., the seller) will bear all the charges related to the property (such as…
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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?

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…
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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?

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…
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