Land dispute with neighbor? Discover your rights!

Questioner

ground Last December I bought a piece of land with a shed on it with the cadastral drawing attached. It now appears that the neighbors are using a piece of land next to the shed, but this was not included in the cadastral data and was not recorded by a notary. Now the neighbor says that he has had it for 20 years, but 10 years ago another neighbor bought the same piece of land and wanted to get rid of it again, but he did nothing about it. Now I have bought it and paid for it and I would like it back. What can I do.

Lawyer

The neighbour must prove that he has been in possession of the land for twenty years on unlawful grounds. This means that the previous owners never gave permission for the use of the land. Consent can also be inferred from actions or omissions; in this way a tacit agreement for the use of the land can arise between the user and each successive owner. If there is an agreement, there can never be prescription through long-term possession. Your position should therefore be that the neighbour must: - prove that there is use (if he cannot do that, then there is no agreement) - prove that there is possession (i.e. use on unlawful grounds) for twenty years. - that no other agreements have been made regarding use that can be derived from acts, including omissions and promises. - if there is no agreement then there are no rights, if there is an agreement then it can be terminated taking into account a reasonable period of time. If you wish, I can help you further by writing a letter in which I summon your neighbor to do a few things. Would you please contact me directly? -