Notaire may have made an error in house purchase - what should I do?

Reader Question: I recently purchased a house and large plot of land only to find that a section I thought was mine, surrounded by a hedge, does not belong to me but the neighbour. They want to sell it to me but I was under the impression it was part of my plot, and the notaire did not inform me otherwise. What can I do?

There is a process for complaining about a notaire who has made an error, but you should first ensure that the notaire is indeed responsible for the issue in question. 

For property sales, notaires are not required to visit properties and to check their physical layout. 

First, check exactly what was included in the sale. 

Look at the compromis de vente and final acte de vente, including the cadastral parcel numbers, stated surface area and any plans attached to the documents.

The online cadastral maps here can also help, but they do not by themselves establish the exact legal boundary between properties. If the boundary itself is unclear, a géomètre-expert may be needed.

It is also worth noting that a hedge or apparent physical boundary does not itself determine legal ownership.

If the estate agent's advertisement or sales particulars clearly presented the land as part of the property, you should also raise the matter with the agency and seller.

Estate agents in France should have professional insurance (Responsabilité Civile Professionnelle) in case of this.

Mediator, notaire council, court cases

As mentioned above, it is uncertain that the situation you describe involves fault by the notaire, however, in the event that a notaire does make a mistake there are certain procedures to be followed. 

You should contact them, with evidence showing the mistake.

Use a registered letter with acknowledgement of receipt (lettre recommandée avec accusé de réception) to ensure you have proof of sending.

In a case where legal documents contained incorrect information about a property, you may potentially be entitled to compensation if you can show that the notaire was at fault and that this caused you a financial loss.

Compensation can relate to a direct loss (perte subie) or, in some cases, a perte de chance, meaning the loss of a genuine opportunity because of the error.

Where professional liability is engaged, compensation may be dealt with through the notaire’s professional insurer.

If the notaire has not replied satisfactorily within around two months of your written complaint, you can consider either contacting the Médiateur du notariat or making a complaint through the relevant Conseil régional des notaires or equivalent body.

These are separate procedures. The mediator seeks an amicable settlement, while the professional body can examine complaints and, where appropriate, organise conciliation or take disciplinary action.

You can also bring a civil liability claim before the courts. For ordinary civil claims of more than €10,000, representation by a lawyer is generally compulsory. For claims of €5,000 or less, an attempt at mediation is generally required before court proceedings, subject to certain exceptions.

Full information can be found on the government’s official Service public information website.