{"product_id":"vragen-27805-beste-meneer-mevrouw-wij-hebben-in-2001-ons-huidige-huis-gekocht-welke-in-1973-is-gebouwd-af","title":"Assistance with Prescription and Municipal Boundaries","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Dear Sir\/Madam,\n\n We bought our current house in 2001, which was built in 1973.\n\n Last week we received a letter from the municipality stating that our land is located on 20m2 of municipal land and that we can purchase it for €2900 or rent it for €147 per year.\n\n In the meantime, I have measured the land of my current property boundary and I do indeed have more land than I knew. According to the land registry and the purchase agreement, I am entitled to 162 m2, but according to my own measurements I now use 178 m2. So I do indeed use more land than I am entitled to.\n\n Three years ago, the municipality installed the main sewer and the back path and determined that the house connection starts one meter within the current property boundary.\n \nAlthough I never knew this and was not told this in the purchase agreement, my question is whether the municipality is still entitled to this or whether the limitation period rule applies here.\n\n I look forward to hearing from you.\n\n Yours sincerely\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n That is very possible, then the long term of prescription comes into play. That means that the previous owners deliberately and knowingly took possession of land to use it as a garden for themselves. The prescription could be interrupted or even stopped if there has been communication in the meantime between the owner, the municipality, and the owners of the piece of land, one of the previous owners and that it can be concluded from this that the land was not unlawfully in possession, but that agreements were made about its use. You could cautiously state that there may be a prescription and wait and see what the municipality has to say about this.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Thank you for your quick response.\n \nDo you have a sample letter for me that I could send to the municipality?\n\n\n Thank you in advance\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n It is very important that you do not lose your rights now by taking the wrong position in the letter. Moreover, every situation is different and a standard letter is not wise. But if you contact me directly I can give you some pointers.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Prescription of land can also affect your sewer connection:\n\n # If you can successfully invoke prescription, the cadastral boundary will ultimately shift in your favor.\n\n # In principle, you are responsible for the disposal of your waste (such as the toilet, washing machine and shower) on your own property: it is your drain and if it is blocked, for example, you must find a solution yourself. If your property becomes larger, your responsibility in this also becomes somewhat larger.\n \n# The transition between your property and the municipal land is the point at which your drain connects to the municipal sewerage system, in municipal terms 'the house connection'. At this point, the municipality takes over the care of the discharge of your waste. We call this the connection point. In practice, a connection point can sometimes shift somewhat in relation to the property boundaries - for example because that is more practical or - in your case - because the property boundary may shift above the house connection.\n\n # It is possible that the work of the municipality on the back path and the sewerage still has an influence on your success in prescription. Unfortunately I cannot judge that yet.\n\n It seems pointless to me to move a house connection if your property boundary shifts. That is a very expensive consequence of a possible prescription. On the other hand, as the new owner of a piece of municipal land, you must take into account that the municipality\n \n(a) may possibly oppose the statute of limitations - many municipalities are now working on this\n\n (b) will consider the house connection, because such a connection is impractical for repairs and the like, due to the fact that it is not on the border, but in your garden.\n\n I advise you to make a calculation and enter into negotiations with the municipality:\n\n - What does it cost to buy the land instead of invoking prescription? Often, for areas of less than 50 m2, it is just as expensive\/cheaper to buy than to enter into a conflict about prescription and you avoid a lengthy process about prescription.\n\n - Can you not arrange the location of your house connection with the municipality in case of an appeal to prescription or purchase? For example, by including an agreement about this in the notarial deed of transfer?\n\n If you have any further questions, please feel free to contact me.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55014814122333,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-27805-beste-meneer-mevrouw-wij-hebben-in-2001-ons-huidige-huis-gekocht-welke-in-1973-is-gebouwd-af","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}