Legal Assistance for Neighborhood Disputes | Legal Aid Center

Questioner

We have been having a disagreement with the neighbours for some time about placing a fence. The current fence is not on the cadestral property line, now I want the new one to be there so that this does not cause any more discussion. I have been looking for something now, but apparently this is still a difficult matter. The current separation has been like this for more than 20 years, but in 2001 a redevelopment took place in which it was determined that there is approx. 12m2 of land of ours on the neighbours' side. there is no talking to the neighbours here who think that after 20 years the land belongs to them. what can we demand in this or are the neighbours right.

Lawyer

Unfortunately, it is not a difficult matter for you. According to the law, someone becomes the owner of a piece of land that is not his if he has owned that land for more than 20 years. The fence has been there for more than 20 years, so the starting point is that the land has become the neighbours'. That is only different if the neighbours have acknowledged that the land is yours, but I do not understand that to be the case. So I think that the neighbours are right and that the land has become theirs by prescription.