Right to rainwater drainage via the neighbours' ditch

Questioner

We have owned our house for 9 years. When we bought it, it was stated that the boundary between our house and an adjacent meadow still had to be measured. At about 1.5 meters from our house runs a ditch over the entire length which was constructed a few decades ago for the drainage of both plots. When we bought it we were told that the property boundary is somewhere between our house and the ditch. Despite repeated requests from our side, the property boundary was never measured until a few months ago. Of course, a few problems now arise that we would like to resolve through consultation, but this appears to be impossible. - over the years we have planted a number of trees and shrubs and some trees have spontaneously emerged. Because we did not know where the property boundary was, we guessed where the boundary was and planted the first trees and shrubs there. Over time this automatically went more towards the ditch. We are now being ordered to remove all the plants there. We do not find this a problem in itself, although we do find it a pity that a number of beautiful trees have to go while they do not yet know what they want to do with the piece of land. - At the end of the garden there is a dam which opens up our garden to the forest behind it. This also appears not to belong to our plot. Now they have said that they will tolerate our use of it for the time being, but that they can decide at any time to deny us that right. Question: are they allowed to do that? Or because visually this situation has been like this for decades, do we still have the right of way over the dam? - The ditch counts as drainage. When we replaced our roof a few years ago, we had a gutter installed on that side of the house, with the drainage running towards the ditch (the drainage pipe is on our own land). Now we are being ordered not to connect our drainage to the ditch anymore. Question: are they allowed to ask us to do this? And are we obliged to arrange a drainage or are we allowed to simply let the water run onto our land, which is much higher than the plot next to us?

Lawyer

Removing the vegetation on claimed land is an understandable request if it concerns the property of the neighbours, despite the fact that this has not been done politely for years. However, it is wise to seek legal advice if in doubt, because there may be a case of so-called 'prescription'. In the Netherlands, we have two types of prescription. On the one hand, the so-called 'acquisitive prescription', which occurs after 10 years of uninterrupted possession in good faith. That is to say: you were convinced that you were the owner of this land. This form of prescription seems more difficult to demonstrate in your case, because you knew that the boundary of the property still had to be measured. On the other hand, there is the 'liberating prescription' which occurs after 20 years. In this form of prescription, 'good faith' no longer plays a role. If you have used and treated the land as your own land for more than 20 years (such as planting trees and shrubs), then the ownership may have come to you through prescription. But this is a complicated legal test, professional advice is then advisable. As for the right of way: a permanent right of way can be established on the basis of necessity, agreement, or custom. If there is no written agreement, the road over the dam is not the only access to the property, and no historical custom can be demonstrated, things get difficult. In such a case, an appeal to prescription can sometimes help, if the path has been used for at least 10 years without protest. Finally, drainage via the ditch: in principle, an owner may decide for himself how to drain the water on his plot. However, this freedom does have its limits. According to established case law, for example, the interests of the downstream or upstream owners may not be disproportionately harmed. There may be a case of unlawful nuisance if you arrange your water drainage in such a way that it causes water nuisance for your neighbours. Again, this situation is quite complex and it may be wise to hire a lawyer or attorney to help you navigate this situation. I hope I have helped you so far to take the right steps. -------------- 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.