Legal assistance with property boundaries and property demarcation

Questioner

From the cadastral data and after a visit by a land surveyor from the land registry it appears that the current boundary between our garden and that of the neighbours lies outside the cadastral boundary. The land registry has confirmed this to us in writing. The surveyor has indicated that the boundary with the coordinates and distances shown in the fieldwork can be very easily set out by us and the neighbours. This would save an expensive boundary reconstruction. We would like to place the boundary fence on the cadastral boundary. We have therefore informed our neighbours about the situation and have asked them whether they would like to think about a solution with us. We have proposed - because the neighbours would also like a different boundary fence - that when placing a different boundary fence, this should be placed on the cadastral boundary at some point. Their response was that we still have to request a complete border reconstruction through the land registry and pay for this in full ourselves and that only then will they agree to moving the current fence. We think this is a waste of money, because the property boundary can be set out very easily with the fieldwork of the land registry. The surveyor does not need to be used for this at all (these are even the words of the surveyor). In addition, we want to replace the current property boundary that is completely on our property, because it needs to be replaced and does not want to move it all of a sudden like the neighbors now. We would therefore like to know what our rights and obligations are with regard to the border reconstruction and the current property boundary. In our situation there is no question of prescription, easement or any other agreement between neighbours regarding the property boundary.

Lawyer

The border as indicated by the land registry is decisive. Usually no complicated measurement is needed for this unless the current boundary fence runs criss-cross through both plots. One should not unnecessarily burden each other with costs: if the neighbours want this more expensive decision, they should also pay for it.

Lawyer

The starting point is Article 5:49 of the Civil Code: Each of the owners of adjacent properties in a built-up area of ​​a municipality may at any time demand that the other owner cooperates in erecting a dividing wall of two metres in height on the boundary of the properties, unless a by-law or local custom otherwise regulates the manner or height of the separation. The owners shall contribute to the costs of the separation in equal parts. 2. The previous paragraph does not apply if one of the properties is a public road or public water. In legal terms, it is not about the cadastral boundary, but about the property boundary. If the parties agree that the property boundary is the same as the cadastral boundary, then if your neighbours continue to refuse, you can, if necessary, demand from the court that your neighbours cooperate in the establishment of a property boundary at the joint expense on the property boundary. A cadastral reconstruction is then not necessary because the cadastral boundary / also property boundary is and will remain unchanged. In the context of evidence, it seems to me that you yourself can clearly explain the course of the cadastral and property boundary to the court with the cadastral information that you now have. By the way, if the current fence is entirely on your property, you may remove it without permission from your neighbors. However, I think it would be polite to inform the neighbors in good time that/if you are going to move your fence. You may also do this without permission (but at your own expense) up to (and therefore not on) the property boundary.