Determination of French Property Boundaries

1. 1. What is 'Bornage'?
2. 2. Determination by Agreement
3. 3. Determination by Court Order

3. Determination of French Property Boundaries - By Court Order

In the event of a dispute over the boundary, and you cannot agree on the appointment or decision of géometre, then the matter can be decided by a court of law under a process called bornage judiciaire.

Provided it is purely a matter of the boundary then the matter can be heard before a tribunal d’instance, where the use of an avocat is not obligatory.

If the matter is more complicated then it would need to be heard by the tribunal de grand instance when the use of an avocat is required.

In the absence of agreement the judge is able to determine the boundary, and can impose a boundary on a reluctant party. More often than not, they will do so by appointing a géometre to act on behalf of the court.

It is often the case that intervention of court appointed géometre can bring about agreement, in the absence of which the judge decides. In such circumstances new boundary markers are installed by order of the court.

Once again the new boundary needs to be registered with the land registry for it to be applicable to subsequent owners.

A right of appeal lasts for 30 days, failing which the decision is final and irrevocable.