How can I reclaim my land after a boundary reconstruction by the land registry?

Questioner

there has been a fence between our garden and that of the neighbours for years before we (11 years old) and the neighbours (6 years old) moved in. Now the neighbours have built a canopy against it and placed a metal side wall over the fence, so on our side of the fence. the neighbours think that this is possible because they assume that the fence is on their land and that there is even a strip of land on our side that is still theirs. now we have had the land registry come and it turns out that the property boundary on their side of the fence is at least another 15cm. so the fence and that metal wall are on our land. How do we reclaim that land so that the fence is moved and the metal wall is removed?

Lawyer

It seems that you are in a situation where the boundary of your property does not match the official cadastral boundary. First of all, the cadastral registration is binding and shows where the boundary of your property is actually located. In this situation you could follow the following steps: 1. Talk to the neighbours: It is always wise to start with an open conversation with the neighbours. Make them aware of the results of the cadastral survey, and that you want them to move the fence and the metal wall. 2. Written request: If a conversation is not sufficient, you can formally send a letter requesting them to move the fence and wall within a reasonable period of time. 3. Legal action: If your neighbor refuses or ignores the request, you may consider taking legal action. You will need the help of a specialized lawyer or attorney for this. It is important to note that in some cases, despite the cadastral measurement, the boundary line may be in a different place by prescription. This may apply if your neighbours can prove that they have had the plot of land in their possession for more than 10 (good faith possession, for example a purchase contract for the plot of land) or 20 years (bad faith possession when your neighbours knew that the land was not theirs) without interruption. In such a case, things can get complicated, and I would definitely recommend that you contact a lawyer or attorney who specializes in property and neighbor law. They can advise you on the best steps to take in your specific situation.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer