Legal formalities of building wall with neighbour
We have spoken to our neighbours about building a dividing wall between our two properties and they are in agreement. They have said they will share costs as it will allow us both to grow plants to improve our properties. Are there any legal formalities, such as registering it with the notaire? L.N.
Any landowner can close off their land if they wish and without needing their neighbour’s permission by building a wall on their own side of the boundary.
In your case you are planning to build a shared boundary wall mur mitoyen with the agreement of both parties. This implies that you will share the costs of building and share the upkeep of the wall.
You can formalise this for the future by arranging an acte notarié with the notaire which will specify what has been done with both landowners becoming co-owners of the wall.
There is no obligation to go to the notaire to get this done as the simple act of having a double-sloped coping – sloped towards each of the copropriétaires – on the top of the wall implies that it is a mur mitoyen. Indeed, this is one of the legal tests for a boundary wall.
You can then write a simple document saying what has been agreed and done and that the costs have been shared.
Make two copies and each landowner should attach their copy to the purchase deeds for the property, acte notarié d’acquisition.
Question answered by Sarah Bright-Thomas of Bright Avocats
Tel: 05 61 57 90 86 - www.brightavocats.com contact@brightavocats.com
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