Legal questions about inheritance law and prescription
Questioner
My back neighbor has made part of my back garden (I live at the last building on the path) a garden for himself. Because of this he has blocked the back path for me. I have a gate but it has been blocked by him. All this while I only have the path as a benefit and not as a burden. Can I demand use of the back path and order him to clear the part of my garden he uses for my own use? What if I remove the goods (tree/shrubs) he has planted from my land? Am I then liable to prosecution? Furthermore, the neighbor behind indicates that he has become the owner of my piece of land by prescription. The houses were built in 1982, but I have been indicating since 2006 that I do not agree with the situation (I bought the house in 2006). To what extent does good/bad faith apply here (prescription period)? Last year my back neighbor also placed a gate further down the path, which means he now indicates that I will be trespassing if I enter the part of the garden that he uses and that I own. He has already indicated that he will then file a report.Lawyer
I will answer your questions briefly, for further clarification or assistance you can contact me directly. 1. If there is an easement in favour of your plot, your neighbour may not block the path. You can summon him to remove the items and give him a reasonable period of time to do so. If he does not comply, you can have the items removed at his expense. The same applies to the shrubs etc. that he has placed on your land. (NB he may close off the path on which the easement rests with a gate, provided that he makes sure that you have a key) 2. As long as the land that your neighbour claims to have become the owner of by prescription according to the land registry is in your name, you may assume that you are the owner. Your neighbour must demonstrate the prescription and - if he succeeds - have a declaration of prescription drawn up by a notary. The relevant declaration can only be registered in the land registry with your permission; if you do not give this, the neighbour will have to request a declaration of right from the court. 3. You may enter your neighbor's land on which the easement applies, even if it is closed off; in that case you are not committing trespassing.Neem de volgende stap
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