Legal Aid Land Use - Legal Aid Office


Questioner

We bought this house 15 years ago and the previous occupant had a conifer hedge planted on the property line, which borders a strip of grass belonging to the municipality. When we bought the house we were told that this strip belonged to the municipality, we have not changed anything in the garden. Today we received a letter from the municipality with an aerial photo of the land registry stating that our garden is 3 meters too far on municipal land, and that this is across the entire width, according to them we are using 96 m2 of municipal land, and have to pay 192 euros per year in rent for this or return it to its original state. The latter will be a very difficult task. We have already tried to prove that we are in good faith, but the municipality refuses to believe us. What can we do?

Lawyer

Then you are acting in bad faith, which is fine if the seller took the strip of land into use more than twenty years ago; in that case, there is a case of long-term acquisitive prescription. The land has come into your possession.

Lawyer

In such a case, there can be no question of good faith, because the border can be determined using the cadastral map. If there is a minor border overrun, there can still be a question of good faith, but an overrun of 3 meters is too obvious to still be able to argue that one is acting in good faith.

Lawyer

In addition to the above. If you can demonstrate that you and your legal predecessors have had the strip of land in your possession for at least 20 years in total, you are in a strong position. I would like to point out that possession is a 'legal' concept. This concerns the use of the land as if you were the owner. The planting of the hedge and the exclusive use of the land by you/your legal predecessor without the municipality itself taking action to put the land back into use are important indications that there is and was possession. If the possession was/is shorter than 20 years, the question of good faith/not good faith does play a role. Good faith possession for a continuous period of 10 years can also result in acquisition of ownership. However, if consultation of the cadastral data shows that the actual boundary used (in your case the hedge) deviates from the boundary of your cadastral parcel, then possession in good faith cannot be the case.

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