Municipal Land: Your Rights and Options


Questioner

My municipality informs me in a letter that, in the context of the property boundary project, it has been established that part of my front garden is located on municipal land. This situation has been like this for 40 years! Now I have to vacate, buy or rent the land. Is this possible after all this time and three or so elevations, in which the garden was always laid back in the same way (also based on drawings and measurements, I assume).

Lawyer

This situation may be time-barred, depending on the other facts and circumstances such as whether agreements have ever been made in the past regarding use. Cadastral data are applicable and decisive in the sense that one (including the municipality) is expected to know and respect them. Anyone who does not respect them can become the owner of the land after 20 years.

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