It is essential to grasp the French ownership concept of propriété, and the implications of usufruit on inheritance, gifts and other transactions.
When you arrange a visit to a property, the estate agent asks you to sign a bon de visite. What is this document and how legally binding is it?
Buyers of a property in France get the peace of mind of a cooling off period, known as délai de rétractation, of ten days before the contract becomes binding.
A business structure suited for the sole trader in France. Under the EIRL the entrepreneur allocates a designated share of their assets to the business or professional activity to protect personal property .
The long-delayed French energy law, known as the loi de transition énergétique, was approved in a final vote on July 22 setting ambitious goals for energy efficienty and waste reduction.
The French parliament has adopted the new Surveillance Bill (loi de reseignement) in a final vote on June 24, among concerns that it may give way to a mass surveillance and impinge on civil liberties. The controversial law includes the creation of a new independent government agency.
The Acte de Vente or Acte Authentique is the final contract signed by the buyer and seller when a property is sold in France. It must be prepared and witnessed in France, by a notaire.
Finding your way around French legal terminology is not always easy. Here is a glossary of some of the most commonly used phrases and terms…
Video update: An expert weighs in on what action should be taken by owners of French property in view of the inheritance law changes in France on the application of the 2015 EU rules.
Our experts answer questions from our readers. In this case, the query is about the validity of a foreign power of attorney in France.
French inheritance law is substantially different from the position in the UK. After much debate on the new EU succession regulations effective August 2015 it is still a fact that owning assets in another jurisdiction increases legal and tax complexity.
Have you heard of the film My Old Lady, starring Kevin Kline? Longevity is generally a cause for celebration but not perhaps for the person who purchased an apartment en viager.
Unlike the French legal system, the English framework is in general terms, based on jurisprudence or case law. The English legal system of common law is the basis of the legal structure of many English speaking countries from England to…
One of the differences in French property law that you may encounter when buying, selling or renting property in France is the role of Notaire and the Mairie or town hall. They play a part in daily life and have…
Of interest to both buyers and sellers. Legal experts from Heslop & Platt detail how money changes hands in a property transaction.
The new law that came into effect on March 24, the loi ALUR (Accès au Logement et à un Urbanisme Rénové) has added new steps to the contract…
So you think your international affairs are complicated?Part 1 in series of real life foreign inheritance stories from international succession and probate specialist Dan Harris of Stone King.
The legislation in France relating to trusts has changed. Historically, France had not recognised trusts as a vehicle of asset ownership or protection…
Inheritance law enquiries are common for lawyers dealing in French property, here Marie Antoinette Bassini of Kingsfords LLP provides a case study of a reoccuring problem…
If you are considering buying a holiday or permanent home in France as part of your retirement, it will be important to review the various implications and the changes coming in 2015 …
Certain rules apply to properties which are not connected to mains drainage. French Law Solicitors Heslop & Platt, look at what this means for residential property buyer and sellers.
Edward Coxall examines some legal issues that might arise when purchasing an ‘eco-house’ from a case with a recent client …
Is my English Will valid in France, or must I have a French Will as well? Before accepting a one-size-fits-all foreign will, here’s what you should know.
The French conveyancing system is very well organised and secure. There is no equivalent of reported problems with non existent title deeds (such as in Cyprus) or invalid planning permissions (such as in Spain). So what should those preparing to buy a property in France be wary of?
If you intend to set up a business in France, it is advisable, at least in the beginning, to rent out rather than purchase your business premises as it will give you time to familiarise yourself with an area and its amenities, and to ensure that it suits your business.
Until the introduction of a French finance law in July 2011, there had been a lot of uncertainty surrounding the treatment of foreign trusts with any connections to France. The new regime has brought in different rules regarding inheritance and gift tax, wealth tax and income tax of trusts.
Nowadays, few families exactly resemble the nuclear/traditional family which the French Civil Code seeks to protect with its strict succession laws – often referred to as “forced heirship rules”. Deciding who will benefit on your death is a complex subject.
Tax reduction, strict conditions.The Loi Duflot, the new incentive for investing in buy-to-let energy efficient newbuilds.
Small disputes with a professional are quite common. Embarking on a prosecution is inadvisable due to the sum in question. However, without spending too much money, some steps can be taken in order to obtain a resolution.
Unmarried persons who are not in either an English civil partnership or have entered into a French PACS (which can only be done if both parties are resident in France) should always try to ensure simplicity and clarity in respect of a purchase of French property.
Such an extension of the fields of activity of French lawyers can only be of benefit to potential buyers and sellers. Indeed, a lawyer is a necessary intermediary to guarantee optimal security concerning the legal situation of a property.
The Regulation will apply to the succession of persons who die on or after 17 August 2015 although there are certain transitional provisions now in force, so if a person chooses the law applicable prior to 17 August 2015 that choice will be valid.
EU adopts Regulation 650/2012 on matters of succession, also referred to as “Brussels IV” .
A growing number of us are buying homes abroad despite the downturn. But what would happen to those assets if you lose mental capacity gradually following an illness, or suddenly following an accident?
Clients are generally very happy with their French properties and we seldom hear about noise disturbance and the annoyance and stress this causes. But one particular case has encouraged us to write this article…
Too many overseas property owners fall foul of international inheritance laws and tax regimes. Protect your foreign assets for future generations.
French planning law and taxes is a huge topic to cover, however the rules and procedures were somewhat simplified by legislation which came into force in 2012.
There is an underlying expectation in the UK that banks should show consideration for borrowers who find themselves in difficulty and should treat them gently. However, that’s not how it is seen in France. The mortgage deed entitles the bank to repossess if the loan is not repaid.
When selling (or letting) properties there are a number of reports that must be available to a prospective purchaser (or tenant) before they enter into a binding commitment. Edward Coxall provides a summary of some recent changes in property law including home inspection reports.
Simple steps to take before and after you become the owner of a French property in order to ensure your French estate is dealt with in the way you wish during your lifetime and after death
It will not be something that buyers will wish to contemplate when they are taking out a mortgage for their purchase, but it is important to understand just what may happen if the lender has to repossess a person’s property in France.
When purchasing property in France, the transfer deed prepared by the notaire will often specify that in the event of any error in the description of any easements affecting the property, the purchaser has no right of recourse against the vendor.
The purchase of land in France is reasonably similar to the purchase of an existing property. However, there are a few differences to be aware of and additional considerations are necessary…
Town planning law can be of particular interest to a buyer of a property (land or house) or an owner wishing to collect all necessary information a property.
If a married couple who have bought a French property en indivision wish to leave their interest to the surviving spouse, they cannot do so by their wills because in France each person must leave a portion to their children.
It is always better for people who own a property in France to make a French Will disposing of their interest in that property, whether they live in France or not. In some cases, it is absolutely vital.
Rental agreements are one of the most commonly made contracts in France and the regulations that apply to them are very precise.
Why should it be so complicated to live peacefully with neighbours? Territorial instinct may play a part, but some people are more sensitive than others to any annexation of their territory.
Edward Coxall of Mayo Wynne Baxter LLP looks at one possibility for minimising the costs associated with transferring French property owned by a UK company to its members.
French legislation was modified by the July 2010 Act in order to provide the consumer with a more secure position, notably when a loan is offered or when insolvency is close.