The demarcation makes it possible to fix the dividing limits of two contiguous sites, from a legal and material point of view.
Everyone thus has a separate part of their property and can freely dispose of it to install, for example, a vegetable garden, a swimming pool, a garden shed and thus avoid possible immediate or future litigation.
In addition, it allows, when buying a property, to verify that the area indicated by the seller is compliant.
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On the other hand,
the demarcation cannot be undertaken if it has already been carried out
or if the land in question is private and contiguous to a parcel of the public domain.
Who can request the demarcation of land?
According to article 646 of the Civil Code, "any owner can oblige his neighbor to demarcate their contiguous properties".
With the case law, the concept of “owner” has been broadened and also includes the usufructuary, the bare owner, the future purchaser holding a compromise, etc.).
What are the remedies ?
There are two: amicable demarcation and judicial demarcation.
The demarcation says "amicably"
This is the first step to take before going to court.
If no agreement is reached between the two parties, then they have three possibilities.
First of all appeal to a court conciliator (a recourse that does not incur costs), or then a mediation, with the help of a mediator to find a fair solution or finally a participatory procedure with the compulsory presence of a lawyer and the completion of a written contract to reach an agreement within a certain time limit.
The so-called "judicial" demarcation
We speak of "judicial demarcation" when the three solutions of "amicable" demarcation have not been successful and on condition that a previous demarcation in good and due form has not been carried out previously.
In this case, the judge of the district court can be seized at any time.
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How to legally set the boundary of the demarcation?
A land surveyor will draw up a
demarcation report
which will delimit in writing the boundaries between the sites and will be signed by the parties concerned to thus confer a contractual value.
Since July 1, 2010, the professional has been required to record the boundary marking report carried out in the Geofoncier database of the Ordre des géomètres-experts for its conservation and archiving.
In addition, the registration of the document with the land registration service is optional.
However, its publication through a notary makes it possible to avoid any dispute from current and future owners or even heirs.
How to proceed concretely to delimit two sites?
Once the boundary report has been transmitted, tools such as stakes, nets, paint marks, survey nails or barriers (in the event of the presence of animals, for example), can be installed between the sites concerned. .
How much does a demarcation cost?
The operation is carried out at “common costs” in principle, except by prior agreement;
if only one of the parties has requested the demarcation, the surveyor's fees are payable by him;
in the event of judicial demarcation, the judge sets the amount of costs to be distributed according to the case (size of the land, various difficulties encountered, analyzes, etc.).
It may also be called upon to decide if a party disputes the expert's report.