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Have you just purchased a property and discovered that a key access road is the subject of a dispute that the seller hasn't disclosed? This article details your legal options in the face of this withholding of information and presents solutions for preserving your right of way. Cabinet Zakine, experts in real estate law in the Gers and Dordogne regions, can guide you through this complex situation.<\/p>\n
The late discovery of a problem accessing your property is a classic case of withholding information in a real estate transaction. This situation can seriously compromise the enjoyment of your property and its value. The Civil Code provides several protections for the buyer, including: in matters of right of way<\/a> and recourse against the seller's fraudulent reticence.<\/p>\n Before taking any action, it is imperative to rigorously establish the facts and your legal position:<\/p>\n The constitution of this evidentiary file is essential for all subsequent actions, whether amicable or contentious.<\/p>\n Fraudulent concealment of decisive information (deception) may justify the cancellation of the sale according to article 1137 of the Civil Code:<\/p>\n This formal step is often decisive and can lead to a resolution without a lengthy procedure.<\/p>\n If you decide to keep the property despite this problem, the French law protects you against being landlocked<\/a> :<\/p>\n The judge will determine the route that is least damaging to neighboring land while ensuring sufficient access to your property.<\/p>\n Alongside the legal route, a negotiated solution often presents significant advantages:<\/p>\n A conventional easement well drafted by a specialist lawyer like Ma\u00eetre Zakine<\/a> will ensure the sustainability of your access while preventing future conflicts.<\/p>\n The notary, as a public officer, incurs professional liability if he has failed in his duty to advise and verify:<\/p>\n Recent case law is particularly demanding regarding the duty of vigilance of notaries in matters of easements and access to real estate.<\/p>\n Faced with this complex situation involving property rights, easements and professional liability, a methodical and legally informed approach is required. property law<\/a> French offers several complementary avenues of appeal that you can activate simultaneously to maximize your chances of success.<\/p>\n The Cabinet Zakine<\/strong>, with its offices in Gers and Dordogne, has recognized expertise in easement litigation and in right<\/a> Real estate. Our team will assist you in analyzing your specific situation, building your evidentiary file, and implementing the optimal legal strategy.<\/p>\n1. Legal analysis and building a solid evidence file<\/h2>\n
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2. Formal notice to the seller for fraudulent concealment<\/h2>\n
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3. Legal request to open up your property<\/h2>\n
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4. Negotiation of a conventional easement with the neighbor<\/h2>\n
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5. Action for liability against the notary<\/h2>\n
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A strategic approach to preserving your rights<\/h2>\n
To go further: Personalized legal consultation<\/h2>\n