This article is for general information only. You should not act or refrain from acting in reliance of it. You should always obtain professional advice on the facts of your particular case. Nothing in this article constitutes financial advice. The owner of this site accepts no liability.

 

Title to French property is based on showing a chain of ownership at least 30 years long. The chain should preferably start with a purchase rather than a gift or inheritance. This is not normally a problem in urban areas but can be problematic in rural areas where property may have been in the same family for many years.

 

Difficulties can arise in different ways but mostly in connection with inheritances. If the forced heirship rules were on applied correctly someone may have an outstanding entitlement which will cause problems for a buyer.

 

In France, as in England, the notaire deduces title after contracts have been exchanged. This means that any problem with the title only becomes apparent shortly before completion. At this stage the notaire who guarantees good title will seek to add a new clause to the transfer deed. This clause exonerates him from providing good title but usually does not specify the legal difficulty.

 

The buyer can then withdraw from the sale but will be under pressure from the estate agent and seller to complete nonetheless. Usually the 30 year period will be satisfied in around 5 years and the buyer will be told nothing has happened for 25 years so there is no risk. Asking the notaire to hold back part of the price will be strongly resisted.

 

The solution when buying rural property is to avoid the problem by insisting title is deduced before contracts are exchanged. In almost all cases the seller knows there is a problem and is relying on a foreign buyer just going ahead. In reality the risks are low but why take the risk of becoming a party to a pice of French probate litigation.

​

​

frenchtax@da-tax.co.uk

+44 (0) 7922 878 989