How do I know if I own the fence?

Questioner

The concrete fence, boundary, between my house and the housing association is concrete and broken. The housing association says that it is not theirs so it is mine and if I want to know exactly I have to do an investigation. That will cost me more than 500 euros. They say it is mine so I could replace part of the wall with a door. Can they then later hold me accountable for not having done that? The wall parts are broken and do not look good. With their statement they deny responsibility and are forcing me to pay for it. According to the old residents in the neighborhood the wall is theirs. What should I do now?

Lawyer

If the concrete fence is on the property line, it is jointly owned and both owners (landlord/tenant/owner 2) must contribute to the costs of repair or replacement.

Questioner

Now the problem is that the housing association says they don't know and that the fence is mine or shared but I have to find out. I checked that if I want to know via the land registry how it exactly is that costs hundreds of euros, they are putting it on my shoulders. What now? the answer to my email with HaagWonen Dear Mrs. Schutte, On April 20th, a location visit to the parking lot at Heemraadstraat 145. In response to your requests regarding the parking lot at Heemraadstraat 145. You can only obtain the right of way through a notarial deed. The concrete boundary fence is your property and not shared. It is not on the boundary. The wooden fence of Haag Wonen is also not shared. It is not on the property line. NB: A fence or hedge is jointly owned if this is recorded in a notarial deed drawn up by a notary. Whether there is joint ownership in this case, I advise you to request the deed of joint ownership from the Land Registry.

Questioner

Can I remove the fence without any problems?

Lawyer

A fence or dividing wall can also be jointly owned without this being registered in a notarial deed, and is created because the parties designate it as jointly owned and place it on the property line. If it is jointly owned, the other owner must also contribute to the costs of this investigation. However, the housing association seems to know for sure that it is not on the property line. In that case, you can break down the wall.