{"product_id":"vragen-54617-mijn-buren-hebben-op-een-deel-van-mijn-achtertuin-een-stuk-tuin-steeg-voor-zichzelf-ingericht-hier","title":"Legal assistance with property boundary problems","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n My neighbours have set up a garden\/alley for themselves on part of my back garden. They place their bins here and use the ground as access to the public road. My garden is therefore 1 metre less deep, the fence is 1 metre before the property boundary on my plot according to the cadastral dimensions\/drawing.\n \nThe houses were built in 1982, I have owned the house\/plot since 2005. I asked my neighbors a few years ago about the origin of the situation, to which they responded indignantly and withholding, they indicated that the situation has always been like this. No notarial deed has been drawn up of the situation.\n\n Now my neighbours have indicated that they want to replace the fence. I have indicated that I would like to cooperate, but that after placing a new fence I also want to use the relevant piece of garden\/alley to place my bins. My neighbours have indicated that they do not give permission for this and that they have become the owner of my piece of land by prescription. I cannot estimate whether this is a case of good\/bad faith.\n\n What if I enter the garden\/alley in question? Am I then committing trespassing?\n\n Can I claim that I have the right to access and use the relevant piece of garden\/alley? Will that be successful through summary proceedings or a subdistrict court procedure?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nIf your neighbours have actually become owners by prescription, then a notification of this is not sufficient. They must prove this and, using the evidence, register the land in their name by means of a declaration of prescription at the land registry via a notary. If there is insufficient evidence and the notary cannot draw up this declaration, or if the land registry refuses to process the declaration, your neighbours will have to obtain a declaration of right via the court. As long as this has not happened and the land is still registered in your name at the land registry, you can continue to act as the owner and can therefore simply enter the alley. No summary proceedings are required for this.\n \nGiven the attitude of the neighbours, I advise to interrupt the current prescription and to reclaim the land in use. It is wise to hire a lawyer or legal expert for this. It is possible that a procedure must be conducted for the restitution ('revindication'). If desired, you can contact me directly.\n\n NB: there was a recent ruling by the Supreme Court in which someone who had become the owner by prescription and who was not acting in good faith had to transfer the land acquired by prescription back to the original owner. It is therefore no longer the case that a prescription that has taken place after 20 years can no longer be reversed. The expectation is that this ruling will also result in it becoming more difficult to obtain a declaration of right as referred to above.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55005950869853,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-54617-mijn-buren-hebben-op-een-deel-van-mijn-achtertuin-een-stuk-tuin-steeg-voor-zichzelf-ingericht-hier","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}