Fence across property line?


Questioner

I have recently moved to the Netherlands and my new construction project borders 4 houses. 1 of these houses has placed its fence 30 cm over the entire length of the property line. After friendly conversations with the neighbor, he did not want to move his fence to the property line. I would like to have this sorted out now. Have I bought land that is not mine or is the neighbor trying to take my land? I would like to resolve this in peace.

Lawyer

It is understandable that you would like to resolve this situation. According to Dutch law, it is generally not permitted to place a fence on someone else's land without permission. Property boundaries have legal provisions under the Civil Code. In your situation, if the boundary has been crossed by the neighbor, the neighbor is in principle engaged in an unlawful act. If you can show evidence that the original boundary is established, and it is crossed by the neighbor, you may have a case. However, it is important to be certain of the exact boundaries of the property before taking any steps. This can be determined using a cadastral map. You can request this from the Land Registry. If the neighbor does not cooperate in moving the fence, you can consider legal action. This could be in the form of civil proceedings, for example. But before you do this, it is advisable to consult a lawyer or attorney. It is important to remember that every situation is unique, and I am giving you general advice for now. For specific advice applicable to your personal situation, you would be wise to consult a specialized lawyer or legal expert. --------------- 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 I would like to invite you to rate the above answer so that we can learn from your response.

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