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US News Morbihan. A clause on neighborhood disturbances now included in deeds of sale

23:40  22 october  2020
23:40  22 october  2020 Source:   ouest-france.fr

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Olivier Arens, président de la chambre des notaires du Morbihan et Patrice Faure, préfet du Morbihan. © Ouest-France Olivier Arens, president of the chamber of notaries of Morbihan and Patrice Faure, prefect of Morbihan.

Noise, olfactory, visual nuisances ... Since June, Morbihan notaries have been doing prevention with buyers who would have the complaint quickly. A clause is now included in the deed of sale, a first in France.

The song of the Maurice rooster in Saint-Pierre-d'Oléron , the passage of cows twice a day on the roads, the soiling of the asphalt by tractors, the siren of the boat at the entrance and exit from the port, the shrouds of boats flapping with the wind ...

Complaints from property buyers about nuisance are increasing. In Morbihan , chamber of notaries and prefect therefore decided to act by including a clause when signing a promise to sell, taking into account neighborhood disturbances. “There is a bad habit of certain new buyers, exclusively [come] from large cities, on the coast, but also inland. They arrive and then start the procedure ”, analysis Patrice Faure, prefect of Morbihan.

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La clause sur les troubles de voisinage désormais incluse dans les promesses de vente en Morbihan. © Ouest-France The clause on neighborhood disturbances now included in promises to sell in Morbihan.

"Often, they come to light within two weeks to three weeks after the signing of the deed of sale of a property", notes Olivier Arens, president of the chamber of notaries of Morbihan.

In the prefecture, state services thus process five to ten letters per week from complainants.

Patrice Faure cites the case of this neo-Morbihannais. Every two days, they demand, by registered mail to the prefecture, that their neighbor oyster farmer be prohibited from using a forklift that is too noisy for their liking. “I prefer my agents to work on real issues than on abuse. Letters which are sometimes justified to which we are required to respond and which are also dealt with by local elected officials, the courts, etc. "

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" A welcome clause "

Since last June, the notaries of Morbihan have therefore inserted a clause called" Activities in the environment close to the building ”which aims to make the future purchaser aware of his environment. "It is about prevention, about education", assures Patrice Faure. "It’s not binding. "

This will therefore not prevent a complainant, if applicable, from filing a complaint. "But, the judge may in his decision rely on the fact that the complainant had been warned of the disadvantages of life in the countryside, by the sea. So that he could make sure beforehand what is around his home, " stipulates the prefect.

After a few weeks of implementation, it is still difficult to see the first effects on the number of letters or complaints. But, on the side of the buyers, this clause "is well received" affirms Olivier Arens.

Today, the regional chamber of notaries of the Rennes court of appeal, which covers the territory of historic Brittany, is watching this initiative carefully. It cannot therefore be ruled out that the other departmental chambers of notaries will be invited to follow the Morbihan example while waiting for the National Assembly to legislate, one day, on texts which regulate at the national level this issue of neighborhood disturbances. .

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