Resolving legal problem with neighbors

Questioner

We have been living here for 9 years. 7 years ago we put up a new fence and had our back garden re-paved. All this was done at the current location as it was. Last year we put up a new garden room and adhered to the dimensions as set out in the legislation. After construction the neighbours complained that it was a very ugly thing and that the garden room is 4 cm on their property. This is also correct after re-measurement. We built the garden room within the current fence, which was placed in the past 15 cm over the property line towards our neighbours, we were not informed of this. When we had our back garden re-paved and put up a new fence, nothing was said that this was placed 15 cm over the property line (so it went exactly over the old paving). Now that the neighbours see an ugly garden room, it is seen as a problem. Shouldn't the neighbors have raised the alarm earlier that the previous residents had crossed the property line and that construction had been done on their land? We didn't know any better than that as long as we stayed within the current fence, we would be building on our property. In an earlier conversation, the neighbor even indicated that he had put up the fence himself with the previous residents (you would then say that he was aware that construction had been done on their property).

Lawyer

He should have indicated this earlier when you renewed the fence. However, the property boundary has been determined and the neighbors can demand that you move the lot. There are 4 possibilities for this. You come to an agreement with the neighbors that it can remain, or you buy the land from the neighbors in proportion, and or you have to move the lot and or rent the land. The first would suit the neighbors because they also did not report in time that the fence was not in the right place. However, there is another exception. If the situation has existed for 10 years, there may also be a limitation period. If you both cannot reach an agreement, then the only way is to go to court and have them judge. But my advice is to enter into discussions (possibly with a mediator) and see which solution suits both parties. If you can reach an agreement. In the case of a joint fence, it is also the case that both neighbors must bear the costs of replacement and not 1 neighbor. If you would like further help and/or advice, please feel free to contact me.

Lawyer

The garden room is located on the neighbours' land. The neighbours can normally demand removal. However, if you were in good faith when placing the fence (at the time) and therefore also with the garden room, it is possible that the court will reject the demand for removal and order that an easement be established. You must then compensate the neighbours for the damage suffered as a result (depreciation, but with only 4 cm overhang that is not too bad). The court can also rule that the 4 cm strip must be transferred to you by the neighbour against payment. If a fence has been in its current location for more than 20 years, it may be that prescription has occurred. The 4 cm strip has then become your property by prescription and the neighbours can no longer demand removal. The term is 10 years in the event that you could not have known exactly where the property boundary was.

Questioner

Based on these 2 responses I want to talk to the neighbors. I want to tell them that based on good faith the garden room does not need to be moved. When placing the garden room we were not aware that the fence was placed 15 cm on their property. There have been 3 occasions to inform us, namely when our sunshade was installed in 2009 (this sunshade was as wide as the current garden room), when the fence was installed in 2011 and when the work on the garden room, which is now the subject, started. We would like to accommodate the neighbors by paying rent. What I would still like to have an answer to: - Is this option the right way? - Does “ownership by prescription” also apply when it concerns leasehold land? - If the previous residents, in consultation with the neighbours (or on their own initiative), placed the fence 15 cm from the neighbours on the property. Are they then obliged to report this when selling the house? If so, what could we do towards the previous residents? - If it is the case that the previous residents had the fence 15 cm on the neighbours' property all this time, then in my opinion such and such a limitation applies. I know that the previous residents renewed the garden around 2006, and they also paid for the fence together with the neighbours.

Lawyer

To answer these questions, I need to delve into the matter. The fact that there is a leasehold does indeed make a difference for a possible appeal to prescription. The difference is that the neighbours may no longer be able to demand the removal of the fence and the extension, but in a leasehold relationship, prescription of that removal claim does not automatically result in a changed ownership situation. You can contact me and send me the leasehold deed, a situation sketch and any photos. I can then check whether your additional questions can be answered easily.

Lawyer

You could always enter into a conversation under the guidance of mediation. That is often a cheaper option than legal proceedings and often improves the relationship between the parties. If you as parties cannot reach an agreement, always choose legal proceedings. The statute of limitations only applies if there has been a minimum of 10 years. But in your case I see several options that could work to your advantage. To exclude I would have to delve into the matter. If you need further assistance, please feel free to contact me,