French legal glossary
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…
French Law
VIDEO UPDATE: Inheritance law changes in France
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.
A foreign power of attorney in France
Our experts answer questions from our readers. In this case, the query is about the validity of a foreign power of attorney in France.
Essential legal checklist when you buy property in France
French property law is very different from English law. To help you along, here is a checklist of basic legal points to consider when you buy property in France.
New EU succession regulations raise concerns
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.
Buying French property en viager
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.
Understanding the French legal system: civil vs common law
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…
When can the Mairie block a sale of property in France?
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…
All about the money. Who, what and when?
Of interest to both buyers and sellers. Legal experts from Heslop & Platt detail how money changes hands in a property transaction.
Loi ALUR complicates apartment sales in France
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…
Case Study: Mr Dunlop’s cross-border inheritance – Part 1
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.
Trusts in France
The legislation in France relating to trusts has changed. Historically, France had not recognised trusts as a vehicle of asset ownership or protection…
Rights of children in sale of French Property
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…
Retiring to France
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 …
French rules on septic tanks
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.
Legal issues when purchasing an ‘eco-house’
Edward Coxall examines some legal issues that might arise when purchasing an ‘eco-house’ from a case with a recent client …
One will or two?
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.
Buying in France – avoid the common pitfalls
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?
French succession law & the family of the 21st century
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.
Renting your business premises
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.
The new French trust: registration regulations
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.
Loi Duflot, legal successor of Loi Scellier
Tax reduction, strict conditions.The Loi Duflot, the new incentive for investing in buy-to-let energy efficient newbuilds.
Settling small disputes with a professional
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.
Case study: buying property ‘en indivision’
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.
Using a lawyer as a property agent
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.
EU adopts new rules on inheritance law
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.
The new EU regulation on succession law
EU adopts Regulation 650/2012 on matters of succession, also referred to as “Brussels IV” .
Noisy neighbours
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…
The French ‘Mandat de Protection Future’
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?
Protect your overseas assets
Too many overseas property owners fall foul of international inheritance laws and tax regimes. Protect your foreign assets for future generations.
Planning law and procedure in France
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.
So you can’t pay your French mortgage
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.
Home inspection reports and the law
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.
French property ownership solutions
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
Procedures on repossession
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.
Property purchase: boundary and easement provisions
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.
Purchasing land in France
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…
Public law: town and land planning
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.
When French Property is Left to Minors
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.
The need for a French will
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.
Boundary disputes between neighbours
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.
Rental agreements in France
Rental agreements are one of the most commonly made contracts in France and the regulations that apply to them are very precise.
Transferring French property out of a UK company
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.
Consumer protection in France
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.
What is included in the sale of a property in France?
What is, by law, included in the sale of a property in France and what condition should a purchaser expect to find it in at completion?
French insolvency law for expatriates
When a business is facing financial difficulties, French law provides a stay of proceeding preventing creditors taking legal action to recover debts outstanding.
Nationalité or bust – an English woman’s quest to become French !!
A first-hand experience: new life in Limousin highlighted, name and marriage complications. The addition to the family of a new baby boy ultimately led Natalie to apply for French nationality.
The potential pitfalls of buying old property in France
You have found a beautiful farmhouse in Gascony with a pigeonnier dating back to the 18th century. There are a few simple rules to make sure that your dream does not become a nightmare…
Why use a UK solicitor & a French notaire?
Solicitor Annie Digby explains why the use of the Notaire is no substitute for your own independent legal advice on international aspects when buying a property in France…
The conditions in your Compromis de Vente
There are three types of conditions in a purchase contract. If you want to make changes to them or add other conditions into a contract, it is important to understand their effect and the difference between them.
