Legal assistance with real estate problems | Legal aid centre

Questioner

Bought a house. After two days we were told by the municipality that there was a piece of green space in the back garden of the municipality. Nothing was said about this when we bought the house. In the broker's brochure it says m2 of land back garden including green space of the municipality. At the neighbors there are garden sheds on a piece of green space of the municipality and the fences are the same over the entire row of back gardens. This situation meant that we also had no doubts that the situation was different. To buy a piece of land we spent more than 3000 euros. The broker and seller say that we are not entitled to compensation because we are responsible for obtaining the correct information ourselves. Even the appraiser had no doubts. We feel misled. Is there anything we can do about this?

Lawyer

It appears that the sales information was correct; it stated that part of the garden is municipal green space. In order to be able to advise you better, it depends on the exact information that you as a buyer have received from the seller prior to concluding the purchase agreement and what the actual situation is. The seller has the obligation to inform you correctly and completely, but you as a buyer also have a duty to investigate. This depends on the exact wording of the information provided. If you want you can contact me and I will look into it. I am a lawyer specialized in real estate law.

Lawyer

Yes, snippergroen is a small piece of land that belongs to someone else, in this case the municipality, that is common knowledge. Maybe prescription plays a role?

Questioner

The broker's brochure states m2 and this includes a piece of green space that is not mentioned in the brochure. The broker also said nothing about this during the viewing. The selling party also says they knew nothing about this. They were heirs.

Questioner

The broker's brochure states m2 and this includes a piece of green space that is not mentioned in the brochure. The broker also said nothing about this during the viewing. The selling party also says they knew nothing about this. They were heirs.

Lawyer

How long has this been going on? Prescription may play a role. (20 years after taking possession)

Lawyer

By the way, the land registry research will show the correct ownership size, the question is whether you had reason to carry out this research prior to the purchase or not. (That depends on the size of the green space, then certainly that you were not informed (consciously). In that case, you have a claim on the owner for compliance with the agreement or the equivalent value thereof.

Questioner

We received a signed agreement from the municipality last week after we could not reach an agreement with the selling broker. Date signed 1993. The broker says that we had investigated this and are therefore not entitled to compensation. We should have investigated this better. There was no doubt that the information was incorrect. The fences on all the houses in the street are in a line

Lawyer

The municipality provides evidence that at a later stage also shows that there was once an agreement (good faith) between the parties and then my argument applies that prescription can never occur afterwards because from that period onwards the land was put into use for someone else and not for itself for 20 years as prescription requires.

Questioner

We received a signed agreement from the municipality last week after we could not reach an agreement with the selling broker. Date signed 1993. The broker says that we had investigated this and are therefore not entitled to compensation. We should have investigated this better. There was no doubt that the information was incorrect. The fences on all the houses in the street are in a line

Questioner

We received a signed agreement from the municipality last week after we could not reach an agreement with the selling broker. Date signed 1993. The broker says that we had investigated this and are therefore not entitled to compensation. We should have investigated this better. There was no doubt that the information was incorrect. The fences on all the houses in the street are in a line

Lawyer

In order to be able to assess whether you can do anything about it, it stands or falls with the exact wording in the sales information and what exactly was communicated to you. Based on your presentation of it in this discussion, no more can be said than has already been said. What I would like to add in response to your comments is that you cannot derive any rights from the situation at the neighbours. The neighbours may have bought the piece of land from the municipality or have become the owner by acquisitive prescription. I understand that it costs a few thousand euros to buy that piece of land from the municipality, but if you were to have to take legal action about it, you would certainly spend more money than that (unless you qualify for legal aid or have legal expenses insurance that provides cover for this).