Claiming land in Belgium? Discover your rights!

Questioner

Can I claim a piece of land (in Belgium) that I have been using for more than 25 years and that is fenced off? This land is next to my house and I have taken it into use to prevent it from becoming overgrown and to avoid illegal dumping (5 +/- 160 m2) I have searched in vain for the owners (I emigrated to France during the war, I received an address from the land registry? I wrote a letter but it was returned as unknown)

Lawyer

For acquisitive prescription, article 3:99 BW stipulates that a possessor in good faith acquires the right to immovable property through uninterrupted possession of ten years. A possessor is in good faith if he could reasonably consider himself to be the rightful owner (article 3:118 BW). For example, the possessor who did not know and could not have known that he acquired from an unauthorized person. The prescription period starts to run at the beginning of the day following the day on which possession was acquired, article 3:101 BW. Liberating prescription For liberative prescription, article 3:105 BW stipulates that the person who possesses an asset at the time when the prescription of the legal action aimed at terminating the possession is completed, acquires that asset, even if his possession was not in good faith. This form of prescription concerns the prescription of the legal action for terminating the possession. This refers to the claim that the municipality can institute to enforce its right to the immovable property, such as the claim for restitution or a declaration of law. At the time when the limitation period has expired, the possessor acquires ownership of the immovable property by operation of law, regardless of his good or bad faith, regardless of the duration of his possession and regardless of whether or not this possession has been continuous. The limitation period for instituting legal proceedings in this case is twenty years and begins on the day following the day on which a non-entitled person becomes a possessor or the immediate termination of the situation of which his possession constitutes a continuation can be demanded. PLEASE NOTE: this is Dutch law, as far as I know Belgian law does not differ much from Dutch law, it is advisable to seek further advice on this in Belgium.