Building Rights and Prescription: Discover your rights

Questioner

Building right Our house is partly on land owned by a water board. This was known when we bought it (1992). The water board now wants to establish a (costly) building right. Isn't there a limitation period for this? According to the water board, it can't expire because both parties know about it. I thought the limitation period is 10 years. nb the house has been there since 1707. e.g. F.

Lawyer

The prescription as we know it now has been in effect since 1992. In principle, the land inherits the house, so ownership of the house or part thereof (joint ownership) is then the owner of the land. To prevent this, a building right can be established, or a building right has arisen through short-term or long-term prescription. (10 or 20 years) Which one applies depends on the cadastral data and the presence or absence of good faith. It is possible that an older right applies that applied before 1992; I advise you to have this investigated and also whether another legal basis can be identified that does not justify the fact that you are now confronted with high costs from the offered limited building right.

Lawyer

IN this case, there is probably a case of 'liberating prescription'. The land that you have owned for more than 20 years (the land under part of your house and perhaps also a piece of garden?) became your property in 2012, unless the Waterschat interrupted the prescription again between 1992 and 2012. If this issue arises after 2012, the Water Board has forfeited its rights to recovery (recovery) as a result of liberative prescription and you are the owner of the land. In that case, you no longer have to cooperate in establishing a building right.

Questioner

Hello, thanks for the quick response. The selling broker mentioned it at the time. The water board never reported in writing that part of it was their property. Theoretically, it has expired. (With governments, you never know). Has a building right now arisen as a result of prescription (Ms Ferwerda) or am I indeed the owner of the land? (Mr Zijlmans) Thank you.

Lawyer

The question is indeed whether, by taking possession of the land, you have fully acquired that land by prescription of the legal action for recovery or only the limited right (the building right). That must be investigated on the basis of the entire complex of facts and I do not think that you can get a definite answer here. In any case, assume the long term because I suspect that the real data are apparent from the land registry. So there is an absence of good faith. It is also possible that agreements about the use were made somewhere in the past or can be traced back.

Questioner

Mrs. Ferwerda, Thank you for your answer. Complicated matter, I still have a lot of IT research to do, that much is clear. Greeting

Lawyer

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Lawyer

For liberative prescription (possession in bad faith) there is a limitation period of 20 years, for acquisitive prescription (possession in good faith) there is a limitation period of 10 years. You are a 'possessor in bad faith' because you knew when you bought the land that it was not your property. However, now that you have had the land 'in possession' for more than twenty years, the water board is too late. You cannot legally transfer the land to a seller at this time in case you wish to sell the house, which may be a problem for potential buyers. In that respect, it is advisable to enter into negotiations with the Water Board to at least transfer the land under your house to you (for free). You should then actually not have to pay more than the notary costs as a 'purchase price'