An endless conflict between the co-owners of 113, boulevard Carnot and their neighbor of 115, who is building a huge villa there. Conflict which starts from the absence of limits between the two properties and the attribution of four garages.
“Before, it was one and the same plot, belonging to a single owner. With our building,“ les Rives d’or ”, above and a large garden. Then the owner had it built, at the time , a 73 m house on part of the garden, above four existing garages “, exposes a co-owner.
In the meantime, the apartments of “Rives d’or” are sold, to XXe century, to the current co-owners. In 2010, the 73 m house2 is bought by an Italian who finds himself in bankruptcy. He has to sell several properties, including this villa. Now, surprise: two plots appear, KI 22 and KI 23, instead of one, on the cadastre, “while no assignment, formality or any other step has been taken!” For the co-owners of “Rives d’or”, “This is a cadastral error, which dates from the seventies, when this municipal document was reformed.”
The permit is final
The adjudication judgment of October 15, 2015 of the villa to the buying SCI (current owner) indicates, in the description of 115, boulevard Carnot, that its entrance is indeed common to that of the building at 113.
This is its nature: “First lot of the sale: a property located in Nice 115 boulevard Carnot (…) whose entrance is common to the building at 113, boulevard Carnot. The entrance is through a pedestrian gate with intercom then by a flight of stairs leading to the right on a double pedestrian gate serving the house located at 115. The property consists of a three-room villa of 73.09 m. “
And attached documents describe the uncertainty as to the ownership of the adjoining land and three garages which would belong to the co-owners of the “Rives d’or”, according to the latter, supporting property deeds on which these garages clearly appear.
In addition, the notes of a surveyor, dated 2010, for a demarcation project, conclude that “the cadastral plots section KI numbers 22 and 23 constitute the basis of the general co-ownership.” So that he “would be wise to proceed with a regularization (…) either by creating two condominiums (…) or by organizing a split of the part which can technically be detached. “
Even before the Council of State
However, yet in possession of these documents, the purchaser of 115, according to the co-owners of the “Rives d’or”, did not want to sign any boundary with them. He applied for a building permit which he obtained.
“Les Rives d’or” claim it was granted without providing any title deed: “Only a sworn certificate attesting to the fact that you own the land is required for obtaining a building permit. He defrauded when he signed this certificate.”
The co-owners of 113 attacked the permit in the administrative court. They lose twice and even before the Council of State. The license of the owner of the 115 is therefore final.
He destroys the 73 m house2 and the four garages located below. “Three of these garages belonged to us! We found ourselves without a garage overnight”, plague the inhabitants of the “Golden Rives”. Who accuse their neighbor of many crimes: a ten-month earthwork “which caused damage to our land as well as endangering the wall of a neighboring property”, the “vol” their entrance and common areas, their antique staircase at the top of the ground, their Belle-Époque terrace on the first floor, but also all the trees in the garden (cycads, orange trees, lemon trees, datura, laurels), “for some replanted on its side”. And now, the failure to comply with the building permit: “Our neighbor is building a wall that does not appear in the building permit, which includes private parts of our condominium, and which extends more than 2 meters onto our plot.”
“Death threats”
A judgment on the merits must decide on the limits of the properties but it has been awaited for four years. “And we are told that the hearing will not take place until December 2021 … That’s what the owner is betting on. He thinks that even if he loses, no one will ask him to destroy …”
In the meantime, the tension mounts at the same time as the walls of the imposing construction. “We endure insults, death threats, constant harassment from the owner and the Monegasque company that works for him…”
Several complaints were lodged with the Villefranche-sur-Mer police station.
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