Who is liable for defects in purchases through purchasing agents?


Questioner

We bought a house with land in November 2019 through a purchasing agent. Now, 2 years later, we receive a message from the water board that we have 11 square meters of land in our possession. They also have a different cadastral drawing than the one we saw and received when we bought our house. On those 11 square meters, half of our outbuilding is located, which we completely renovated inside last year. Now we can rent the piece of land for 150 euros per year or return the land to the water board. Returning it is not an option because this would mean that the outbuilding would have to be demolished while we were looking for a property with an outbuilding. A permit was also issued in the past for the placement of an outbuilding. Who can we hold liable now? Sales or purchase agent, land registry, municipality? There is an administrative error somewhere. We would like your advice on what steps we should take.

Lawyer

First of all, it will have to be determined whether there is an error. And if so, who has the possible 'wrong' card. It may also be important how long there has been possible misuse (did previous residents know about it?). Is the water board only now discovering it, or is action only now being taken? First of all, you can report it to the land registry. They may also be able to see if/what went wrong. www.kadaster.nl/zakelijk/registries/fout-in-registration-melden Only when it is clear how the situation arose can it be determined who is liable. I will give an example: If an estate agent deliberately uses an incorrect map, the estate agent will be liable. If the water board uses an incorrect map, the If you have a card, the land belongs to you. Please feel free to contact me if you have any questions or require legal assistance.

Questioner

thank you, I will act on the advice

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