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I have a French property law query - it's not something on the list, but can anybody help? If I allow my neighbour to graze his animals in my fields, with no formal written agreement, and no money changing hands, does he gain any rights over my land? If he does work in exchange (like mending a fence or mowing the field) does this change anything?
Optional Information: Country relating to Question: France Already Tried: My own French lawyer isn't answering his emails! Internet searches inconclusive.
He cans after 30 years.
it is best that you write a contract
If there is a contract the land will remain yours after 30 years
OK - thanks very much. Is that 30 years continuous use, and how would my neighbour prove it, if nothing is written down?
Yes 30 years of continous use.
Often nothing is written down. He can prove it by having the neighbors testify.
OK- thanks. Can you tell me the French term for the right over the land that he would gain, please? It will help when I go to my notaire to get a contract drawn up.
The Notaire knows the terme
Yes, but not necessarily in English!
The French term is "usucapion" or you can use "prescription acquisitive."
That's really helpful. The last part of my question - does anything change if he has worked on the field?
artical 2229 of the French civil Code.
OK. I guess I'll look it up. Useful info but not entirely sure that was worth £28 :(
Experience: Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US