Legal advice in case of neighbour disputes and easements

Questioner

Neighbor dispute: It concerns the property boundary (ownership) and easement Can a neighbor sell his house if we, as neighbors, have a dispute about property boundaries and easements? The neighbor himself has been to a number of lawyers to claim property boundaries and ownership, which is strange because what is being claimed is incorrect. We have an easement behind our house as a footpath for the currently existing, least objectionable way. In the past year, only garbage cans have been brought to and from the public road and the other neighbors always have their bikes parked in front of their own property. The neighbor we have a conflict with (actually he has a conflict with us) has a garage where everything is, he also only uses the back for garbage cans. After a month we suddenly hear nothing more (we have been working on it for a year), all lawyers have sent letters with demands that are based on inaccuracies and suddenly it is quiet and we hear nothing at all from his lawyer, can this just happen, first tax us and then want to sell, we want more clarity about various points that the neighbor has raised and also for the peace. The gentleman did not get his way and apparently chose to leave because he did not succeed in getting what he wanted and did not consider that his information was not based on facts, however this man appropriates / takes things and we have partly taken it back, which is also demonstrably ours. We have instructed the land registry to have the two plots of land measured and it has again been shown that we have acted correctly, the property boundary that we use is correct and the neighbour has a piece of land from us and has no intention of giving it back. We have placed a boundary fence on our piece of land and the part he claims is impossible to get back. The land registry has not made an impression on this man and is going to enter into a discussion with the land registry, because as he himself says: I claim it anyway. Also, the neighbor's house is suddenly for sale with a specific text that has to do with the conflict. The sales text is incorrect in this respect and is important for the easement and the relevant expectations of the new buyers of the house that the text is correct and ok for us. We do not want to be confronted again with matters that are not correct. Question 1: Can the neighbor just sell his house if there is a conflict and apparently does not report this to the real estate agent and what does that mean for us and for the neighbor. What is sensible? Question 2: Can we demand that the text be adjusted by the broker because this is not correct information? And to whom and how should this be reported? Question 3: Can the future buyer also enforce his demands? And if so, why and why not? Question 4. How can you adjust an easement so that it has a clear easement and not just described as: for on footpath in currently existing, least objectionable way. You can go in all directions with it namely and that is too unclear, and also that no guests appear on our property because they have their own front door.. Question 5: Can we get our land back if the house has been sold and can the selling agent do anything about this? Question 6: can we claim residential pleasure money or something else, we are done with it and we are happy when he leaves, but we do not want to have new neighbors again who demand all kinds of things because he has promised things to the buyers that are not true! what is sensible

Lawyer

1. The neighbor may sell his house without further ado, even if there is a dispute. It is his business to inform the buyers about this in the correct manner. If he does not do this, then that is a matter between the neighbor and the buyers. 2. The estate agent works on behalf of the neighbor, you cannot demand anything. If you do contact the estate agent, you run the risk of being accused of negatively influencing the sales process, so it is not wise to do this. However, you can inform the new owners in due course. 3. I can only give a general answer to this because I have no substantive knowledge of the deeds and the like: the new buyer has in principle the same rights as the current owner, so if the claim of the current owner is justified, the buyer can also file this claim. 4. This can be done by means of a notarial deed in which the owners of the servient and dominant estates cooperate, or if that is not possible by means of a request to the court. The latter is only possible, however, if the easement was established more than 20 years ago and there are unforeseen circumstances of such a nature that the owner of the servient estate cannot reasonably be expected to maintain the easement unchanged. 5. This question cannot be answered without substantive knowledge of the file. Here too, your possible right does not change due to the sale of the neighbours' property. 6. This question cannot be answered without substantive knowledge of the file. All in all, I think it is wise to seek advice and guidance from an expert in this matter.