I am a 20% owner of my grandparents’ house. I share undivided ownership with 4 cousins who refuse to have any contact with me. Can I make them sell the house?
To sell a property, the unanimity of the co-owners is required. However Article 815 of the French Civil Code stipulates that, “no one may be forced to remain in the state of undivided ownership and partition may be initiated at any time, unless it has been suspended by judgment or agreement.”
Thus a co-owner may exit from undivided ownership at any point in time. There are three possibilities:
- by selling their share to another co-owner,
- by selling the property: co-owners seeking to sell should represent at least 2/3 of the undivided rights,
- by selling their share to a third party.
In your case, the third possibility remains: sell your 20% of undivided share in the property to Squat Solutions. Learn more about the purchase of undivided shares.
From experience, this doesn’t really help much. Once you are absent, squatters will break the rubble-work. It is ideal to wall and panel over openings if your outbuilding has any entryway other than that of your house.
Normally, no; frequently, yes. If it is not the evicted squatter, then it is often his friends. We had a case in which the owner saw his apartment squatted in 3 times in succession by the same squatter. And this was despite the installation of an anti-squatter door. So it was necessary to carry out the eviction procedures 3 times.
We strongly advise against it. We regularly buy houses which had caught fire after a theft of electricity.
The evaluation is done by 3 real estate agencies. It involves establishing a sales price independent of the squatting and the defacements caused by it. At the same time, we execute all the real estate diagnostic tests required for the sale of a property.
In addition, we also get craftsmen to evaluate the cost of works for the refurbishment of the lodging. To this cost, we add our evaluation of the time needed for cleaning and evacuation which would have to be done before the works start. Lastly, we evaluate the cost and the duration of the eviction procedure. All these elements allow us to calculate the purchase price that we offer to the owner of the squatted-in property. Learn more about the purchase of squatted-in property
No one has the right to take justice in their own hands. If an owner evicts a squatter himself, the latter may file a complaint against him for home invasion. As defined by the French Civil code (article 102), the home represents the place where the person has his main establishment. Now your secondary residence, which is not your home, has become the squatter’s home.
The ELAN law of 24 November 2018 differentiates the scheme of application of the winter ban on tenant eviction depending on whether the squatting relates to the primary residence of the victim or one of his/her secondary residences in the broad sense of the term.
Therefore, when the squatted-in locations constitute the primary residence of the owner or the tenant who is the victim, squatters do not benefit more from the winter period. Otherwise, they avail of it by default but the judge may “cancel or reduce” this period.
My vacation house has been squatted in. I was told that, the period of 48 hours having elapsed, I must initiate a legal proceeding. What does this time period of 48 hours correspond to?
The 48-hour period (to be counted from the effecting of entry by the squatters into the locations), which arises from the practice in judicial police matters, permits police officers to act “in the course of commission of offence”. This may involve either the offence of “home invasion” provided under Article 226-4 of the French Penal Code, which only concerns the “home” strictly speaking, i.e. the primary residence (in which case the 48 hours’ time period never expires because the home invasion offence punishes not only the effecting of entry into the premises but also the “continuance” in the premises), or the offence of vandalism and defacement of personal property, whether this involves a secondary residence in the broad sense, which is an instantaneous offence (such that the period of 48 hours expires after the commission of the infraction in actuality, and not from its observation). Learn more about squatted property.
The house neighbouring mine is squatted-in. There is a huge volume of nuisances. We do not know anything about the owner. What can I do?
Call upon Squat Solutions. We will find the homeowner of the squatted house and offer to buy it to resolve the squatting dilemma as quickly as possible. Contact us.
I left for a 2 month trip. On coming back, I discovered that my apartment has been squatted in. What could I do?
Owners whose primary residence is squatted in can obtain a forced, legal and quick eviction of their house, without a judgment. For this, the owner must submit a complaint for home invasion directly to the police services. Learn more about squatted primary property.
Business premises are considered to be the same as a secondary residence. The term “secondary residence” should be understood to mean all built immovable property (apartments, houses, commercial, business or industrial premises, etc.) that does not constitute the primary residence, i.e. the home of the owner subject to squatting. Learn more about squatted secondary property.
It is imperative to distinguish squatting in a secondary residence from squatting in a primary residence. The two instances correspond to completely distinct legal systems. In effect, squatting cannot be considered home invasion unless the squatted property was established as a primary residence at the point in time when the squatter moved onto the premises. Learn more about squatted property.
Squatting places two fundamental rights in opposition to each other: the right to property and the right to lodging. Squatting cannot be considered home invasion unless the squatted property was established as a primary residence at the point in time when the squatter moved there.
The Court of Cassation (criminal division, 22 January 1997, 95-81.186) is of the opinion that even when squatters effect entry into an apartment by breaking and entering, they do not commit home invasion if the apartment is unfurnished, whether this is because the building has just been finished, or because it is in between two leases, or because the building is intended for demolition. A vacant and unoccupied house cannot be considered a home. Learn more about squatted property.