Where is the property boundary above the ditch?


Questioner

My neighbor won after a long legal battle that the property line will be moved a bit towards him. This property line has been in our garden for 100 years. Now we have also been using a jetty above the ditch (owned by the Hoogheemraadschap) behind the house for 100 years. My neighbor is now demanding that we remove the jetty and that he can use the ditch. However, our jetty is in the ditch and my neighbor and we have no right to that in my opinion.

Lawyer

Usually the property boundary is the middle of the (navigable or non-navigable) ditch, but you have an easement, namely having a jetty. The interests of preserving or designating another place for the jetty will have to be investigated if the property boundary is different.

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