Advice on Easement | Legal Aid

Questioner

dear sir/madam, I have a question about easement. In 2016 we had an extension built, against the house of the neighbor. Now it turns out afterwards that the contractor built 5cm over the property boundary. The neighbor now wants to have a document drawn up by a notary and also has all kinds of requirements that should be included in the document (for example: 'If the kitchen is to be renovated: the outer wall (wall behind the kitchen) will then have to be placed back on the property line. Clear everything between the foundation and our wall' I would like advice/consultation about my position/what rights/what is or is not allowed in a document and can I still take any steps towards the contractor? Greetings

Lawyer

Does the neighbor want to establish an easement or draw up an agreement between the two of you. (respectively a business or personal and transferable right) There is a big difference between them. Because there is currently no question of acquisition by prescription, you cannot enforce the easement. Your neighbor could demand demolition himself, although that is usually not honored for a few centimeters over construction, it makes your negotiating position small. Can you hold the contractor liable? I do not think so, because you are expected to know the exact boundary as it will appear from the data of the land registry.