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Boundary fence
by pili-pala • Wed 04 Jan 2012 12:50

Hello and a Happy New Year to all on Pontnoir.
Can anyone tell me about boundary fencing? The fence dividing our field from our neighbours has a fence going down it. Now this fence is in pretty poor condition but as we have no animals it's not high on the list to do anything about it. But our neighbour has some large dogs who have now started to come over and she is wanting to discuss the fence with us. We have looked at the fence and it has been put up with the posts facing us and the fence on her side of the posts. I know in the UK that this usually means that the fence is the responsibility of the person which side the fence is actually on but is that the same here?
The dogs are large and one was agressive towards me when i went to shoo it away so yes I do want the fence sorted out but I want to make sure that I have a good idea of what the "rules" are regarding boundary fencing before i get into discussing with our neighbour- if she wants to work together to sort something out then that could be ok but I dont want to land up with her expecting me to pay to get it done. Obviously there is a language barrier here so that's why I'm asking for some advice here before talking to her.

Does anyone have any advice or information that you can give me?
Thanks for taking the time to read this.
Sian

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pili-pala
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Apr 2010
Re: Boundary fence
by RobertArthur • Wed 04 Jan 2012 19:28

About responsibility for the fence: mitoyenneté is the keyword in France, burden sharing for a common fence, a clôture. But a fence "in between" is not always mitoyen: sometimes there is an agreement between (former) owners, or one of the neighbours has taken care of all the maintenance during more than 30 years (!). In such cases only one of the neighbours is responsible for this fence or wall. This is a very short summary of legal texts. And give it a try on Google.fr with words like: clôture / mitoyenne / voisinage / entretien / conflit. The other thing, the dogs, perhaps for somebody else to comment, about this issue of chiens errants d'un voisin.

Robert

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Re: Boundary fence
by pili-pala • Thu 05 Jan 2012 11:04

Hi Robert,
Thank you for your reply, it is very interesting. I shall have a good read about the mitoyennete etc and try to translate the document.
Both myself and our neighbour moved here in Feb & March of last year so we are both new. I know that her home was a family holiday home and ours was lived in permantly for 10 years, so I could well imagine that some sort of agreement was arranged but it will be interesting how to find out of it's existance.
Many thanks for your response.

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Re: Boundary fence
by Dave • Thu 05 Jan 2012 11:46

If you look at the cadastral plan (for example on cadastre.gouv.fr) you can often see a mark (for example an X) on each boundary that indicates if the responsibility is a joint one or not - if the X is on your side then you are responsible for the boundary and if the X in over the boundary line then you are both responsible - in principle anyway.

The mark differs depending on the boundary type but they all work the same. This isn't always there and I expect the default position is that it is joint responsibility. It's a starting point anyway and helpful to print out and point at during discussions.

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Re: Boundary fence
by dissid32 • Thu 05 Jan 2012 12:47

Very good site that, Dave. Thanks

Patrick
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Re: Boundary fence
by pili-pala • Sun 08 Jan 2012 12:41

Hi Dave, thanks for your suggestion.
Unfortunatly there is nothing on the cadestre other than the boundary line but that is very interesting about the mark all the same.
I'm going to go into with the joint responsibility in my mind. We have some rolls of fencing here so it's just getting some new posts and cutting back so hazel trees that have been coppiced in the past but not in recient years- which are on our side of the boundary. I think it would be easier to see what the state of the fence is from the neighbours side so I think that I will ask her this.
I wish I could communicate in french, I will continue to try to learn as it is so very important. My biggest fear is to agree to something that I have not understood correctly or thought was something else. The "lost in translation" scenario!
Many thanks

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Apr 2010
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