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Haut-Doubs. Despite his title deed, he loses part of his land by acquisitive prescription

“Justice has passed, I lost. I will bow to the decision but if I agree to talk about it, it is so that others do not get fooled: even with a title deed in their pocket, for a property for which we have been paying a property tax for years. years, well we are not necessarily at home! It is a bit disillusioned that Frédéric Laithier recounts his misadventure. Which led him to discover the legal term of acquisitive prescription. “And frankly, of all the people to whom I explained my case, no one knew …”

“We hit each other in the hand”

When their mother died in 2006 – their father having died in 1985 – Frédéric and his sister inherited the family home in Bians-les-Usiers. “I bought my sister’s share to rent out the property, with house and garden. “Only a part since his father had authorized his neighbors, his wife’s sister and her husband, to take advantage of it:” It made them a small garden with a part for deposit of material “, says Frédéric Laithier,” a friendly arrangement, we pat each other in the hand and let’s go. “

And it has remained like that since 1978. “I remember some discussions, some friction between my parents. But my father didn’t want to get angry with his brother-in-law. And I did the same, ”he admits. “I had great respect for my uncle, great admiration: he was wounded and a war medalist. “

Avoid conflict

When his uncle passes away, he misses the mark by not bringing up the subject with his aunt. “I was still avoiding the conflict, I shouldn’t have, but I was convinced that I was in my rights. What was confirmed to me by my lawyer. “But, after having brought in a company to clean up, he received a registered letter:” My aunt told me that I was not allowed to do that, that the property belonged to her since she had it. occupied for over 30 years. The famous acquisitive prescription.

“The impression of passing for a bandit”

There, the notary sends him to a specialized lawyer. “He told me that there were two solutions: either the judge prefers the title deed or he prefers the occupation. “He preferred the occupation:” I am titled, I paid the taxes and I feel like a bandit. The cadastre will therefore be modified. “And I am required to repair as before work, which will cost me around € 15,000…”