Lamppost on your property? Discover your rights!

Questioner

Good afternoon, there's a municipal lamppost in my driveway. It's on my property, right up against the boundary between my property and my neighbor's driveway. I live in a cul-de-sac, and this lamppost is making it difficult to access my driveway. After consulting with my neighbors, we agreed that it could be placed two meters further down my driveway or across the street. I've requested this from the municipality, and they're willing to do it, but it will cost me €600. I've heard there's apparently a rule that if a municipal lamppost is placed on private property (homes no older than 25 years), they're not allowed to charge for it. Is this correct? Thank you in advance for your answer!

Questioner

Good morning. A lamppost is part of the design of a public road. As road manager, a municipality is therefore permitted to install lighting on a public road. The Road Act considers it less important that this lighting (and perhaps even a section of the roadway) is located on your property. Many property lines ignore roads, so it's not uncommon for a property line to be located somewhere under the sidewalk or in the middle of the roadway. In reality, the owner of that land has no use for it, because the municipality, as road manager, is then in charge of the road and therefore also of the subsurface. It's therefore possible that a public road, or a section of it, including public lighting, is located on your property. A previous owner of your land likely granted permission for this at some point. So the municipality is most likely within its rights. It's understandable that this is unpleasant for you. I'm not familiar with the rule you're referring to (no charges for lampposts on private property): I've never heard of it. I advise you to contact the municipality and explore the possibilities for relocation at a reasonable price. Keep in mind that if the municipality (as road authority) itself has no reason to relocate and therefore only does so because you request it, they are entitled to charge you for the costs. You can also discuss whether the municipality will soon be carrying out work in your street (on the sewer system, the road, or something similar) and whether relocation can be included (this is sometimes called "making work with work" and can reduce costs). Success!