It regularly happens that neighbours fall out with each other about the boundary of their plots or are bothered by building activities or planting near the boundary of a plot.
It might also happen that a neighbouring plot is used as a right of way to a neighbour’s own plot. What can you do if you start arguing about the boundary of a plot? What can you do if you are inconvenienced by the neighbouring plot? And are you obliged to give neighbours a right of access?
When the boundary between two plots is uncertain, the owners can ask the court to determine the boundary. In that case it is important to what extent the boundary is shown in the land registry, but the way in which the plot is actually divided by a boundary (e.g.: by a wall, hedge or ditch) also plays a role.
It is possible to gain ownership on the basis of a lapse of time if someone has used a plot for a long time as though it was his own property. GMW lawyers can show you which legal route to take.
Neighbours obviously have to take each other into account, but problems still arise when neighbours are a nuisance. The legislation has imposed specific limits on construction or planting near the boundary of a plot, but which limits exist when the nuisance is caused, for example, by sound, vibrations or unpleasant smells? And which rights do you have regarding nuisance caused by the drainage from the neighbouring plot? We would be pleased to help you with these difficult situations.
An easement is a liability with which one plot is encumbered for the benefit of the other plot. This can concern a right of access, but also, for example, the right to run cables and pipelines under or over the neighbour’s plot. An easement generally entails a significant limitation on the right of ownership and once agreements exist they are not easy to change. In addition, your legal successors will also remain bound by the conditions of the easement. Therefore it is important to be informed in good time. GMW lawyers will be pleased to help you with its specialist knowledge and experience in this field.
GMW lawyers will be happy to help you with all your real estate issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our real estate law lawyers will be glad to support and advise you.
GMW advocaten will be happy to help you. Do you have a question or want legal advice? Feel free to contact us.
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23 April 2025
Neighbour, what are you doing?
A property owner or occupier may, in certain circumstances, be required to temporarily allow another person to use their home or land if this is necessary for work to be carried out on the other party’s property.
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16 April 2025
Termination of Tenancy Agreements
The termination of a contract is an important legal tool for ending an agreement. In this article, we take a closer look at the termination of tenancy agreements, as special statutory rules apply to rental contracts.
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10 February 2025
The role of housing associations in expanding the mid-market rental segment
Addressing the housing shortage in the Netherlands is a priority. To this end, the National Performance Agreements stipulate that housing associations must construct 50,000 mid-market rental homes by 2030.
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20 November 2024
Acquisitive Prescription and Property Boundaries
We regularly handle disputes concerning the acquisition of land through prescription.
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28 October 2024
The written requirement when buying a property
When a residential property is sold, this can be done verbally or in writing. If the parties agree on the so-called 'essentials' of the purchase, such as the price and the object, then they are in principle bound to the purchase. However, for a private buyer, there is a written requirement that stipulates that the buyer is only bound to the purchase when it is documented in writing.
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4 September 2024
What is the value of common property in a Homeowners Association?
It's not an uncommon situation: a member of the Homeowners Association (HOA) expands their garden or rooftop terrace beyond the boundaries of their private section and later asks the HOA to legalize this change.
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12 August 2024
Commonality of a shared wall
Commonality is often a point of discussion between neighbors: is the fence between two gardens common property? If so, can one neighbor then carry out maintenance or even completely replace the fence (partly) at the expense of the other neighbor?
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29 July 2024
The obligation to complain
It often occurs that an object does not correspond to what has been agreed. After the delivery of a property, for example, hidden defects may arise.
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31 January 2024
Robot lawyer
A ‘robot lawyer’ has been made available on the market in America. This is an app with legal information that would make using a lawyer unnecessary. ‘Fight corporations’, ‘find hidden money’, ‘beat bureaucracy’. This is what the robot can and will do. ‘Sue everybody,’ is the urgent advice.
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