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21/06/2009, 17:55 Patf Joined on 23/08/2004 SW Gers Posts 2,833 Re: French Legal Process Thanks to both. Perhaps this is to give the accused time to appeal.    Report

21/06/2009, 18:34 Clair Joined on 23/08/2004 Real Virtual French Mod, based in the Lot (46) Posts 11,293 Re: French Legal Process It means the judge wants time to think (to deliberate) about it. In practice, it's about having the time to do a transcript of the proceedings. Clair the elements of disbelief are very strong in the morning Frank O'Hara    Report

20/02/2010, 15:59 Gardian Joined on 15/02/2006 Gard Posts 1,868 Re: French Legal Process  Gardian wrote: As for us, all this is just a sideshow. The bornage is largely irrelevent: what matters is whether Mr X comes back for a Permis de Construire at some later date and crucially, whether the Mairie approves it in the face of local opposition.    I just thought that some of you might be interested in the state of play on this one. The Tribunal president made an order at the beginning of July for a geometre expert to carry out a survey on the disputed bornage. Within a few days, our neighbours, us and the 'bad guy' got a bill for €500 each, to be paid before anything would happen. Ouch!  OK, paid up, but nothing (of course) happened in August. Geometre turns up with his bagman early Sept for a meeting of the 3 of us with him. Handover of all relevent paperwork. Nothing happens till end-Nov, when we each get a bill for a further €300 each, the survey apparently representing more work than anticipated. Paid up again. Nothing heard till yesterday, when we receive a copy of his report. He hadn't set foot on site, simply re-drawing a 15yo plan and writing 12 pages of this & that. Needless to say, he found against us on all counts and quite frankly, I could see his logic. I spent 2 hrs with my neighbour yesterday afternoon, who was spitting blood. Told him that our chances of getting an appeal result were minimal (in fact, I think that they're zero) and suggesting a course of action (which basically involves getting the Mairie 'onside' in preparation for opposition to a Permis de Construire application at some future date). I'm not sure of the moral of the story: maybe it's that the legal process here in France is horrendously slow and quite expensive. Tread carefully.      Report

20/02/2010, 19:24 Tricia Joined on 10/01/2010 Gers 32 Posts 55 Re: French Legal Process You must be furious too - all that money for nothing. But you could still succeed in opposing the P de C. - good luck. Tricia - used to be PatF.    Report

20/02/2010, 22:47 Cendrillon Joined on 19/10/2007 S.E. England & S.W.France Posts 898 Re: French Legal Process Thanks for bringing us up to date, so far it has cost a lot of money for nothing much, do hope you are successful in oposing the planning application, if it eventually comes to that. Cendrillon    Report

21/02/2010, 20:26 Mikep Joined on 14/11/2007 Posts 35 Re: French Legal Process Something to watch out for if you're wanting to object to an application for Permis de Construire: I tried to find details of a neighbour's application at our mairie, and was told that I wasn't entitled to see details until the permission was granted. Once it was granted, I would have a few weeks to register an objection. The logic of this escaped me, but I got the impression it is a general principle.    Report

21/02/2010, 21:59 Gardian Joined on 15/02/2006 Gard Posts 1,868 Re: French Legal Process First of all, thanks to Tricia & Cendrillon for your supportive comments. As Cendrillon knows, this has been a long running saga, with legal escapades some time back. We've been here just 5yrs, but our neighbour has lived with this for more than 10yrs and he's pretty paranoid about it! I refuse to get too wound up about it: life's too short. You can see the plot owner's point of view: he acquired the land some time back for FF20K - say £2k then. If he can sell it (with permission) to a developer for €30k - €40k, he's got a nice result. He would only get his money if & when they found a buyer & that buyer completed. All understandable. From our point of view, it's a classic NIMBY and I make no apologies for that. We just have to keep a sense of proportion over the whole thing & stick to the key points - I'm having some difficulty in keeping Michel's feet on the ground over all this. Mike - thanks for your post & I'm sure that you're right. However, with a new and quite 'approachable' Maire, she will probably feel able to tip us the wink when & if a PdC application comes in. There would be at least 7 opposing riverains, so you'd think that she would be sympathetic. Hey ho, onwards & upwards etc. Saw Michel this afternoon - he regaled me with 47 reasons why he (we) should object to the geometre's findings. I was glad to get back here for a glass of CdR      Report

21/02/2010, 22:39 Cendrillon Joined on 19/10/2007 S.E. England & S.W.France Posts 898 Re: French Legal Process Bon courage Gardian and bonne chance with the new lady Maire. P.S. Have you started that long, ongoing saga novel yet? Cendrillon    Report

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