Statute of limitations on property line

The place where a property line runs between two parcels of land often creates legal proceedings. This is because it is often unclear exactly where the cadastral boundary lies. In addition, the ownership of land may be subject to acquiring or discharging prescription. Sometimes through intentional land grabbing. In other cases, the acquisition of ownership by prescription occurs unnoticed. In either case, it can lead to a hefty neighborly dispute.

Inheritance boundary dispute and prescription

Over the years, it can happen that a fence is moved and then no longer stands on the cadastral boundary. Or there has never been a fence and it is placed for the first time in a place where it is (wrongly) suspected that the cadastral boundary runs there. One owner then takes possession of a piece of land from his neighbor. Then the statute of limitations begins to run. When the statute of limitations is completed, the possessor becomes the owner of the piece of land taken into possession.

Statute of limitations on property line: 10 or 20 years

The statute of limitations can be 10 or 20 years. Which limitation period applies depends on whether the possessor is ‘in good faith. This is the case if he did not know or should have known that the land taken into possession did not belong to him. A common misconception is that the possessor must prove that he was in good faith. This is not the case: in fact, the law assumes the existence of good faith. Its absence must be proven.

If the possessor is in good faith, the statute of limitations is 10 years. When that period is completed, it is called acquisitive prescription. If the possessor is not bona fide, the statute of limitations is 20 years. In that case, it is called liberatory prescription.

Evidence lacking good faith: not with cadastral map

In an attempt to prove the lack of good faith, cadastral maps are often seized upon. However, this is not sufficient: cadastral maps serve only as a global representation of the plot and its location in relation to other plots. Cadastral maps are also not part of the public registers as referred to in Article 3:23 of the Civil Code. The Arnhem-Leeuwarden Court of Appeal, in its 2013 ruling provided a clear explanation of this system.

Limitation period for ownership of land

If the claimant proves that the possessor was not in good faith, then a 20-year statute of limitations applies. Once the statute of limitations is completed, the possessor acquires ownership of the land. Thus, to obtain ownership, the possessor must still prove that he had possession of the piece of land during the time the statute of limitations ran. However, if in the meantime the rights holder summons to return it, the prescription interrupted and the term begins to run again.

Consent: no statute of limitations!

An important point of attention is the case where permission to use the land has been granted by the person entitled. Then there is no question of the ‘possession’ required for prescription. For possession it is necessary that the person who has the land in use considers himself to be the rightful owner and keeps the land for himself, behaves in this way and that this is known to the outside world. If consent has been given, then these conditions are not met: he does not then hold the land for himself, but for the rightful owner with his consent.

Lawyer at statute of limitations on property line

Thus, whether there is a statute of limitations is not always easy to say. Therefore, contact the lawyer real estate of Lexys Lawyers to get proper advice.