How do you determine where the property boundary runs?
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Detailed explanation, checklist and sources
A fence, hedge or partition does not automatically stand on the legal property boundary. Start with the deeds and cadastral information, and have the boundary marked out if necessary.
General information about Dutch law · Reviewed on · How we work
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Collect the official information
Review your deed of ownership, old drawings and information from the Land Registry. A cadastral map provides guidance, but is not always accurate enough for you to mark the boundary to the nearest centimetre.
Check use and prescription
Long-term possession or use can have legal consequences. This is factually complex: permission, visibility of possession and duration must be investigated.
Do not move anything unilaterally
Put your position and evidence in writing. Try to arrange a joint boundary reconstruction or agreement. A new boundary can be recorded through a notary.
Reconstruct the recorded boundary
Obtain title deeds, original survey records and a boundary reconstruction where centimetres matter. The surveyor marks the registered boundary but does not independently decide whether ownership later arose by prescription. A tenant should involve the landlord, who is the appropriate party for ownership arrangements.
Support any prescription claim
Long use or twenty years of silence alone is insufficient. Possession as owner is required; use by permission may instead be holding for another. Good-faith possession may qualify after ten years; otherwise acquisition can follow expiry of the recovery claim, usually twenty years. Starting dates, successive possessors and interruption require assessment. Keep old photographs, statements, valuations and agreements.
Resolve the position before building
Record the disputed strip and both positions; try mediation and agree investigation costs. A new ownership transfer requires a notarial deed and registration, not merely a new fence. If the boundary remains uncertain, either owner may ask the court to determine it, potentially with compensation. Do not build a garage on disputed land: alteration or relocation may later be necessary.
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Deed of ownership
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- Deed of ownership
- Cadastral map
- Old purchase deeds or drawings
- Photos over the years
- Statements about use
- Any permission or agreements
Frequently asked questions
Is the cadastral map decisive?
The map is important information, but an investigation or boundary reconstruction may be needed for an accurate boundary.
May I move a fence?
Do not do so while the boundary and ownership are disputed; otherwise you may cause damage and escalate your conflict.