Legal assistance in municipal land matters

Questioner

The municipality where I live has informed me that I am using a piece of land from them. That is correct, because that has been the case since 1998. They now want me to pay for it or give it back. It is now the case that almost half of the people in my street are using a piece of municipal land. Inquiries have taught me that I am more or less the only one who has been addressed about it. I have said that I believe that equal treatment should take place and have therefore requested access to the municipal correspondence, in order to be able to determine whether my street neighbours have also been contacted. That request was refused with a reference to the GDPR. However, I thought that I had the right to access it on the basis of the Wob. Is there a lawyer here who can tell me exactly how this works?

Lawyer

I think the municipality will first investigate your position, then that of the others. (with your defense as a starting point) You can defend yourself by appealing to long-term prescription. Then you became the owner of the land in 2018.

Questioner

I can do that, I know, but honestly I just want to know if I have the right to see who else has been written to in my street. I think it is contrary to the principles of good governance if I am the only one who is written to.

Questioner

I can do that, I know, but honestly I just want to know if I have the right to see who else has been contacted in my street. In my opinion it is contrary to the principles of good governance if I am the only one to be contacted. Perhaps as an addition: almost everyone in the street has taken a piece of municipal land into use at the front of their home (without fencing or anything, so still publicly accessible). At the back of the homes many people have taken a piece of municipal land into use and demarcated it with (usually) a fence. I have about 10 m2 in use at the back, demarcated with a fence, and about 3 m2 at the front without demarcation. According to the municipality, it will first contact everyone about demarcated pieces at the back and then consider what it is going to do with pieces that have been taken into use at the front. Firstly, that seems to me to be contrary to the right to equal treatment. Secondly, it seems to me to be a way to drive people to pay. After all, according to this method I would have to go to the notary twice (according to the municipality a cost item of 500 euros).

Lawyer

Demarcated parts may be time-barred. Yes, the municipality has the same powers as any other owner. It may be that a proper principle requires a notice at the same time, but that is offset by an unlawful act (theft of land) and the municipality simply wants to safeguard its procedural position as best as possible. As I read it, the municipality distinguishes between the possible parts that are time-barred and those that appear to be less so (the publicly accessible parts). They are free to do so.

Questioner

Dear Monique, Thank you very much for your response! My question remains: do I have the right to know which other residents the municipality has written to in my street (for example by inspecting the municipal archives?)

Lawyer

Yes, you can submit a request under the Government Information (Public Access) Act (Wob) but it can be rejected for legal reasons. Mentioned in the Government Information (Public Access) Act (Wob). The GDPR is of course new. This conflict may have been recognized in the parliamentary proceedings, but I don't know that myself.