Frequently asked questions about Immobilier

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I am taking out a loan, and the bank requires a mortgage to be registered on my property. For cost reasons I would like the bank to handle the formalities. My notary says this is impossible. Is that true?

Yes. For a mortgage to be valid it must be executed by notarial deed (Civil Code, Article 2409). The notary handles registration and publication with the land registry service. The mortgage then becomes enforceable against third parties. The notary must practice in France if the property is located in France…
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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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I rent a parking space in the residence which is right next to mine. My landlord has informed me that he has sold it to one of the co-owners of his building, without offering it to me. Did he have the right to do so?

Yes, the tenant's right of pre-emption in the case of the sale of a property leased by him only applies to residential or mixed-use premises that constitute the tenant's principal residence. Therefore, it does not apply to the sale of a parking space, unless it constitutes an accessory to the…
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My spouse has passed away. He owned the apartment where we were living at the time of his death, which he bought before our marriage. I have a ¼ share of his estate. I want to become the owner, but his children do not agree. Can they prevent it?

No. The surviving spouse who co-owns the deceased's property can request the preferential allocation of the main residence if it was already their home at the time of death (Article 831-2, 1° Civil Code). If requested, this allocation is automatic and binding on the other co-owners (Article 831-3 Civil Code).
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