Question about Statute of Limitations? Get Free Advice!


Questioner

For years we and our ancestors have been using and maintaining land along a river, where we live. Now they want us to sign a user agreement for 1 year with various articles that we have to adhere to. Can we now demand that this is 'our' land, and throw it on prescription or something?

Lawyer

That is possible. It is advised to have this thoroughly investigated by a lawyer first and not to accept or sign anything yet, otherwise there may be a loss or waiver of certain rights (of ownership) Prescription occurs when third parties take possession of land without permission, neither written nor oral, and maintain that possession for twenty years without the rightful owner claiming his property. Prescription can also occur if there are several successive possessors.

Lawyer

That really depends entirely on the facts. And those must first be clearly defined. A specialist like me knows which facts are important and which are not. The law sets strict requirements for prescription and for that reason those facts are important. Moreover: even if you succeed in proving prescription, you are not yet finished: in order to have your ownership rights completely arranged, you will have to make costs anyway, such as the notary or the judge and the Land Registry. Unfortunately, it is not possible to become the owner for free through prescription.

Lawyer

As indicated in the previous answers, the facts and circumstances play an essential role in the assessment of whether prescription can be considered. The term 'they' does not indicate who the other party is and on what grounds they claim to be the owner. I have previously acted on behalf of an owner of land along a river, against the government agency that was the owner of the river and adjacent strips of land. In an article on my website about prescription, I have listed the relevant circumstances with which my client's appeal to prescription was successful. A number of specific arguments play a role in this because of the location of the land along the river, such as the accessibility of the strip over water, the method of demarcation and the previous use.

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