Roche & Cie

Notaries have planned to change ownership rights

23 Mar 2016

Notaries will , after two years of work on real property, detail their proposals to cool the texts or correct certain anomalies that may be legal uncertainty. According to them, it is time to change the preemption right, the concept of decent housing or usufructuary / bare owner reports.

This congress will be held in Nantes from 5 to 8 June and will focus on real estate. The property may well be one of the best protected by our civil rights code, it includes some very complex rules that do not necessarily correspond to how to accommodate today, to own and share accommodation. The right of property has also mutated significantly in recent years, under the combined effect of the changes in society and public housing policies.

Among the avenues to explore, including notaries would “loosen the noose” born constraints limiting new rights granted to occupants. Through their contacts with clients, solicitors are well aware of the problems encountered in the field. They are also at the forefront as delegated by the State to ensure the validity of property transactions. After two years of work on real property, so they will detail at this conference all their proposals to cool text, correct certain anomalies that may be legal uncertainty, and meet the new challenges of housing. Since these proposals regularly inspire legislation, the Congress is likely to deliver some of the upcoming regulatory changes.

Developments due to aging population

Notaries also are calling for the changes taking into account the new relationship that we have with neighbors, the aging population and the pressure to move towards a more dense habitat. This would notably by a new approach to relations between usufructuaries and bare owners who are now called to coexist over long periods while originally it was a coexistence mode. Raising issues raised in the Alur law retain many gray areas in condominiums as condominium directors’ sometimes problematic in large groups when it comes to who pays what for specific equipment.

Finally, regarding more financial and patrimonial practices, notaries rely on the Congress to distinguish between the good and bad tax optimization practices of real estate. While some fixtures are perfectly legal as the dismemberment of ownership of land on which parents build a house before transmitting to children, other practices are retoquées by Bercy. With big adjustments to the key. All these topics will be deepened in June and are expected to draw up new avenues for proprietary modernized.