Real estate law in Mont-de-Marsan: Maître Zakine, Doctor of Law
3 common problems in the Landes
Right of way, fence, abandonment of construction site or recalcitrant neighbors, Maître Zakine explains how the Landes are atypical
Real estate law is a branch of law that is of particular importance to owners, tenants and real estate professionals. In Mont-de-Marsan, this legal sphere is all the more relevant due to specific local issues, particularly with regard to the right of way, fencing problems and cases of site abandonment. In this article, we will explore these three issues in detail.
In the heart of New Aquitaine, Mont de Marsan is seeing numerous real estate projects flourish, with a certain number of them based on the Sale in the Future State of Completion (VEFA) or the Individual House Construction Contract (CCMI). If these contracts offer attractive prospects for future owners, they are not without raising problems of easements, a major legal issue which can sometimes prove complex.
In this landscape, Me Zakine stands out for his in-depth expertise and his passion for defending the client. His years of experience in the field have allowed him to identify the most frequent problems and to implement effective legal strategies to resolve them.
Availability and proximity: One of Me Zakine's main strengths is his availability. Whatever the client's need, she strives to be there, providing invaluable support in times of crisis. Its proximity to its Mont-de-Marsan clientele allows it to understand local specificities, a major asset when it comes to dealing with easement problems.
Listening to the customer: Me Zakine does not just highlight his legal expertise. She places listening to the client at the heart of her practice. Each case is unique, and understanding the client’s concerns and needs in depth is essential to developing a tailor-made defense strategy.
Defense without borders: Although based in Mont de Marsan, Me Zakine does not limit her action to this city alone. She travels throughout France to defend her clients and plead their cause. So, whether you are faced with a servitude problem in Lille, Marseille or Strasbourg, you can count on his expertise and determination to represent you.
In conclusion, faced with the challenges posed by easement problems in VEFA and CCMI contracts in Mont de Marsan, Me Zakine is a valuable asset. Her availability, her proximity, her attentive listening and her willingness to travel anywhere in France make her a lawyer of choice for all those seeking to defend their rights and interests.
1. Right of way to Mont-de-Marsan and servitudes
Le terme « servitude » peut sembler archaïque, mais il s’agit d’un concept juridique très actuel qui influence directement la jouissance des biens immobiliers. À Mont-de-Marsan et dans les Landes, où la propriété foncière est souvent complexe, comprendre les différentes formes de servitudes est crucial.
Types of Easements
In general, easements can be classified into two categories: personal easements and land easements. Personal easements are attached to a person, while land easements are attached to real estate.
Personal servitudes
These easements confer a particular right to a specific person, regardless of ownership of the land. For example, a hunting or fishing right could be granted to a specific person.
Land easements
These easements are charges established on one fund for the benefit of another fund. The two most common types are apparent continuous easements and discontinuous easements.
Apparent continuing easements
This type of easement is constant and perpetual, like a water pipe or path that runs through a property. The “apparent” character means that the easement is visible and permanent, which facilitates its establishment and compliance.
Discontinuous easements
These easements are less frequent and often more difficult to manage. They are exercised intermittently, such as seasonal use of a path or occasional access to a resource.
Easements of passage: a particular focus
In the Mont-de-Marsan and Landes region, rights of way are particularly common due to the layout of land and properties.
Easements in the surrounding towns of Landes
It is also important to note that surrounding towns like Dax, Saint-Paul-lès-Dax, and Biscarrosse may have their own habits generally linked to the topography of the land in terms of easements. Consult a lawyer specialised in real estate law can help you navigate these different regulations. Indeed, right of way in an agricultural property on a municipal road has little to do with an easement on private land. Especially in the Landes.
Easements in real estate law are complex and often require specialized legal advice, especially in regions like Mont-de-Marsan and Landes where land issues are important. Whether easements of way, natural resource easements, or other types, it is crucial to understand your rights and obligations.
2. Issues Related to Fences in Mont-de-Marsan and Landes: A Complete Guide
The delimitation of properties by fences is a recurring problem in the field of real estate law. In Mont-de-Marsan and in the Landes, issues related to fences take on particular importance. Whether it's defining property lines, complying with local regulations, or preventing disputes between neighbors, understanding the issues surrounding fencing is crucial.
Regulations
Before building or modifying a fence, it is important to know the current regulations. They may vary depending on local town planning plans (PLU) or regulations specific to certain municipalities. Indeed, certain municipalities are subject to an absence of authorization requests, others do not concern anything. We will not repeat here a very good document concerning the obligations and necessities to be respected (before making a fence, it is always good to have marked out your land or request an alignment order). The document on the public service website explains this well .
Points to pay attention to:
- Maximum height: The height of fences can be regulated.
- Materials : Certain materials may be prohibited for aesthetic or safety reasons (the brand for example)
In Mont-de-Marsan, issues related to fences can be particularly delicate due to the importance of the density of urbanization and green spaces.
Dax and Saint-Paul-lès-Dax
In these spa towns, fences can be regulated so as to preserve the aesthetic character of the places.
Biscarrosse and Mimizan
These coastal municipalities may have specific regulations due to issues related to the conservation of dunes and natural spaces.
Avoid disputes
Clear definition of limits: Precise boundaries can help prevent disputes or a request for alignment if we border on the public domain.
Agreement between neighbors: A written agreement can be useful to clarify the responsibilities of each party regarding maintenance or repairs.
Whether you are in Mont-de-Marsan, Dax, Saint-Paul-lès-Dax, Biscarrosse, or Mimizan, knowing the issues related to fences is essential. Regulations always vary from one municipality to another, and it is therefore crucial to find out in advance. In case of doubt or dispute, it is always recommended to consult a real estate lawyer.
3. Abandonment or poor workmanship of a construction site in the Landes, under the jurisdiction of the Mont de Marsan Court
Abandonment of construction sites is a serious problem affecting many towns in the Landes, from Mont-de-Marsan to Dax, including Saint-Paul-lès-Dax, Biscarrosse, and Mimizan. Whether it is the construction of a new house, the renovation of an old property or urban planning projects, abandoning a construction site can have disastrous consequences for owners.
Typical Examples of Abandonment of Site
House Construction
Let’s say you are in Biscarrosse and you have hired a reputable local construction company, say “LandesConstructions”, to build your dream home. After completing only the first floor, the company abruptly stops work, leaving your project unfinished.
House Renovation
Let’s take the example of Saint-Paul-lès-Dax where you have entrusted the renovation of your house to a specialized company, “RenoLandes”. After demolishing several walls and starting plumbing work, the company suddenly disappeared.
The Lawyer's Intervention
Contract Evaluation
One of the first steps for an attorney is to thoroughly review the construction or renovation contract. This involves checking whether specific clauses deal with abandonment of site and available remedies.
Negotiation and Mediation
The lawyer can attempt an amicable resolution by entering into discussions with the company in question. In certain cases, a simple formal notice may be enough to restart the work.
Legal procedures
If the negotiation fails, legal action may be taken. In Mont-de-Marsan, for example, you can go to the high court to request termination of the contract and damages.
The Role of the Lawyer for Landlords
- Advice : The lawyer guides you through the legal twists and turns of your situation, helping you understand your rights and your options.
- Representation : Whether in Dax, Mimizan or other towns in the Landes, a lawyer can represent you in court, thus maximizing your chances of recovering your investment.
- Resolution : The intervention of a lawyer may result in the resumption of the work or, failing that, in adequate financial compensation.
Abandoned construction sites are a recurring problem in the Landes, affecting towns like Mont-de-Marsan, Dax, and Biscarrosse. In this difficult context, the assistance of a real estate lawyer is not only useful, but often essential. Thanks to his expertise, the injured owner can find a favorable outcome to a complex and stressful problem.
If you are faced with a situation of abandonment of construction site in the Landes, do not hesitate to contact us for an in-depth legal consultation.
Your interest is the guiding principle Master Zakine. Master Zakine provides you with advice and assistance.
Using a lawyer means you can be sure that your rights are respected, and that the law firm you have chosen is specialised in the required field.
Mr. Zakine works on complex cases with major promoters (see an article in Nice Matin 11 December - BNP Paribas - Marenda Lacan on Nice Matin for a VEFA dispute ). Maître Zakine is representing several purchasers of this VEFA development against the developer BNP Paribas.
In the event of a dispute, Maître Zakine asserts your rights with strength and humanity.
The Cabinet d'avocat Zakine is based in Antibes registered with the Grasse Bar (the Nice Bar is next door). Maître Zakine advises on CannesGrassse, Mougins ) and throughout France.
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