The purchase of his land canceled by justice, a man expelled from his own house

By Maxime Davoust Published onLes Nouvelles de SabléSee my news

"Evicted and victim of the conflict of two ex-spouses, I have suffered for three years the consequences of the separation of this couple, the seller of the land on which I built my house and the neighbor, his ex-partner . This is how Franck sums up his situation today.

The house is located on the edge of a wood, on the heights of La Flèche (Sarthe). A charming place but that the man will have to leave. Indeed, by 2022, he should be evicted from the house he had built.

Because, according to justice, this land does not belong to him. Another resident, Mrs. M. (the editorial staff wished to remain anonymous), installed below, claims to be the legitimate owner, which Franck has always disputed.

One deed of sale, two promises to purchase

To understand the story, which is not trivial, you have to go back more than three years.

On May 3, 2017, Franck sent a promise to purchase to the owner of the land (the ex-companion of Mrs. M.).

“The seller did things in order,” says Franck. “I see the land, I visit, I make my promise to purchase. »

This is registered by a notary on July 3. The sale takes place and Franck decides to celebrate his new acquisition, on the spot, on October 15... And at the same time meets the neighbor who tells him that he has already made a promise to purchase in February 2017.

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"I was not afraid of anything", said Franck to himself at that moment, serenely. “I had a bill of sale. I was the owner. »

Months pass. In October 2018, the lucky buyer began felling the trees on the land. He says he met for the second time Mrs. M. who still claims the plot.

Despite everything, thinking he was within his rights, the Fléchois lodged the building permit on December 5. That same day, he received a summons for nullity of sale: “she waited for the house to be built to start the procedure”.

The judgment was not rendered until June 16, 2020. “I had no reason to worry,” recalls Franck.

But contrary to what he imagines, the decision is not in his favor: the sale must be canceled.

Evidence of a prior agreement

“My lawyer didn’t dispute anything. It took almost a month to tell me that the judgment had been rendered against me. »

For her part, the neighbor would have provided proof of an agreement prior to the sale, including certificates, which Franck considers to be "false testimonials".

"They placed our meeting in September", he explains, and not in October, after the signing of the sale. “On the basis of these certificates, the judge made me pass in bad faith”, explains the one who considers himself to be the victim of a miscarriage of justice.

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The seller would have "never followed up on the neighbor's requests", according to Franck. “I did things in order by taking my time. And she waited for the house to be built. I was engaged, I couldn't stop. »

A final decision

Franck naturally decides to appeal.

Meanwhile, in the summer of 2020, the work on the house is finished and he takes possession of his accommodation on July 9.

In October, another setback for the occupier: his lawyer informed him that he had "forgotten" the judgment on appeal. His defender had indeed three months to produce the documents and conclusions before the court. “I have the certificates, except that they have never been produced. On December 3, his lawyer contacted him again: “He explained to me that it was final and that there was nothing more to be done. »

He has to give up the land… and the house

A landscaper had to intervene: Franck cancels the contract. “Since then, I have been living in a construction site, I no longer do anything in the house. If it's to leave him, it's not worth it. »

Because if Mrs. M. recovers the land, she would also inherit what is on its surface, an entirely new house.

“I contacted another lawyer,” continues Franck. The latter attempted a conciliation procedure, without success. “I lost 6 months with a lawyer who was useless. »

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What compensation?

Franck then tried another approach with a lawyer specializing in real estate law, whom he met on July 26, 2021.

But the next day, the ax falls: “I receive this summary summons”… After a legal battle, she informs him of her expulsion. The exact date was to be set this Friday, November 19, 2021, but the decision has been postponed to December 3.

The only hope for the future ex-owner: to recover compensation for the work he has undertaken, the amount of which is still unknown.

No reaction or professional secrecy

Franck recently sent letters to the various parties explaining his situation, but, to date, he has received no response.

The Actu.fr editorial staff sought to contact Ms. M., who responded through her lawyer. June 2020 which has now become final”, he recalls. “In addition, a procedure is currently underway before the judge in chambers at the Judicial Court of Le Mans. »

The lawyer adds: "my client does not intend to make any further comments on this file".

Franck's first lawyer, whom he accuses of "negligence", does not expand on the case: "this is not the term that I will use, nor that I used, vis- vis-à-vis Mr. Capon to explain the situation to him, ”he told the editorial staff. “I am bound by professional secrecy. He has a number of items that I sent him that explain things. I cannot freely report it. »

Contacted by telephone, the former owner of the land did not wish to comment on the matter.

An online petition

Franck has posted a petition on the Change.org platform.

"I have to leave my house without money to find new accommodation", says this man from Sarthe. “I was a landlord, I am homeless. I have a violent feeling of injustice. »

He asks “for justice to be reformed, for it to recognize that it is fallible in order finally to be able to offer litigants the possibility of returning to the courts, beyond the regulatory procedures, if a legal professional fails in his duties. A court should be able to reverse a biased and unfair judgment if a lawyer is found to be at fault. »

He intends to address this petition to Jean-Marc Sauvé, the president of the Committee of the Estates General of Justice.

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