Notaries Are Required to Ensure

Application pratique:

The notary should have examined all past deeds and warned of contradictory rights affecting enjoyment. Because the notary failed, the couple can claim damages for the reduced property value and legal costs. They should immediately gather their purchase deed, the old deed, and correspondence, then consult a property solicitor to pursue a negligence claim against the notary.

Application pratique:

The notary had a duty to spot the conflict between the 1928 easement and the seller’s declaration of full ownership. Because this risk was not disclosed, the landlord can sue the notary for professional fault. The landlord should quantify the loss of rent, obtain a formal valuation of the encumbered property, and engage a lawyer to recover compensation from the notary’s insurer.

Application pratique:

The notary committed a fault by not revealing the old deed that contradicts the buyer’s exclusive ownership. The buyer can seek damages for the lost full enjoyment and any rental alternative costs. They should request a copy of the notary’s file, gather all title documents, and urgently consult a French avocat to file a claim based on this 1998 precedent.