Claiming neighbor's land


Questioner

I have been using neighboring land for over 20 years. I now want to claim limitation through court. My questions are: 1) How should I realize the claim, neighbor does not want to cooperate and rejects the claim 2) In which court should I do this? 3) Can I do this completely myself, without a lawyer or bailiff? 4) Do I need to issue a summons for this and can I do this myself or should I do this through a lawyer or bailiff? 5) would like a full description of this process 6) What should I pay particular attention to? Thanks for your help

Lawyer

You must contact a notary who can provisionally register the fact of limitation in the land registry, after which the potential beneficiary may contest this with reasons.

Lawyer

It is best to contact a notary. The notary can draw up a so-called deed of prescription and have it registered with the Land Registry. In this deed, the notary declares that you are of the opinion that you have become the owner of the neighbour's land by prescription. The statute of limitations further states: - Which registered property has been acquired by prescription - Against whom the prescription applies (i.e. who was the previous owner of the land) - Which facts led to prescription (for example, possession is required) - Whether or not the limitation period is disputed You will need proof of the stated prescription to draw up the deed and the notary will also present the deed to the neighbor. If that person does not agree, then you must have enough proof to convince the notary that you have become the owner by prescription. The registration of the deed of limitation with the Land Registry only results in it being made public that you believe you have become the owner. However, it does not mean that you have actually become the owner. The neighbour can dispute your statement and request the cancellation of the deed in court. Ultimately, the court will have to assess whether your statement is legally correct. You must be assisted by a lawyer in the proceedings before the court. If you have any questions or would like legal assistance in this matter, please feel free to contact me without obligation and free of charge to discuss what I can do for you.

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