Can we claim ‘public land’ our home was built on in France?
‘Public domain’ land is treated in different ways
Ownership of land can be transferred after 30 years, but this can be as short as 10 where a person bought the land in good faith
Peter Bear
Reader question: We recently discovered part of our property’s living room is built on public land, as it was converted from an outhouse to join the main building. This happened in 1990 and we purchased it in 2006. I was told in France you can acquire ownership of land after 30 years – is this true?
You are correct that there are some provisions for land previously in other ownership to be acquired after a certain period of time. This is not an automatic process, however.
Article 2261 of the Code civil lays out the rules for this practice, known as prescription acquisitive, stating that “possession [of the land] must be continuous and uninterrupted, peaceful, public, unequivocal, and acting as an owner.”
Under this rule, ownership of land can be transferred after 30 years, but this can be as short as 10 where a person bought the land in good faith and with correct documentation, but an error was nonetheless made.
This is often based on several factors, most importantly proof that the land has been continuously occupied.
Read more: France homeowner faces legal trouble over 4cm land encroachment on neighbour’s property
This can be proved through elements such as photographs, tax notices including that part of the property among taxable calculations, reports from a commissaire de justice (previously called a huissier), utility bills, statements from neighbours etc.
It can also be worthwhile to advertise your ownership of the land in a legal gazette (journal d’annonces légales), to allow anyone wishing to contest it to come forward.
Notaires can issue a notoriété acquisitive (deed of acquisitive prescription) to help your case, demonstrating it is publicly known that the land belongs to you.
However, you need to make a request to a local court for the plot to be officially transferred.
Not applicable to all land
Be aware that not all ‘public land’ can be transferred this way.
‘Public land’ belonging to a local government entity such as a mairie may be eligible for such a transfer, because it acts as private property that can be sold, transferred, etc by the owner. It is known as domaine privé des personnes publiques.
However, truly public land (belonging to the domaine public) cannot be transferred to private owners through the mere passage of time.
In your case, you can check local cadastral maps alongside the property records to investigate further the status of this ‘public’ land.
We would also recommend contacting a notaire for further advice as to how this situation could be rectified.
