Building near a property boundary: ownership, permits and agreements with neighbours

1. Establish which boundary is meant

Distinguish the cadastral boundary from the visible boundary of actual use. Kadaster explains that these may differ, for example where a fence or extension does not precisely follow the registered boundary. Do not rely solely on an old photograph or online map to establish the exact building line. Collect plot information, deeds, earlier survey records and information on the actual situation. Note where the parties agree and which part is disputed. Where a boundary is registered and who may have acquired ownership through subsequent events may require different information.

Compare the proposed building line with the documents each party relies on and mark the disputed part on a single overview drawing. Identify measurements actually taken and those merely inferred from a map. A contractor can only responsibly account for a boundary question if the uncertain component is clear. A disagreement about centimetres is also different from agreement on ownership.

2. Use a survey to answer the right question

Kadaster can reconstruct the cadastral boundary on the ground. This is useful information but does not automatically resolve every ownership dispute. Kadaster states that it does not determine who has acquired ownership by prescription; investigation by a notary or court may be needed. Consider a survey alongside deeds and history. Discuss costs and the question you want answered beforehand. An accurate land survey cannot simply replace a missing legal assessment where the dispute concerns agreements or possession over a longer period.

Before instructing a surveyor, clarify whether you want to investigate the historical location, existing boundary points or a new portion to be transferred. These are not necessarily the same services. Preserve the survey report and the data used and compare them with the legal documents. A precise question prevents you from ordering an expensive product that cannot resolve the actual disagreement over an old agreement or alleged acquisition of ownership.

3. Check walls and other rights separately

If the plan adjoins a wall, extends over it or partly occupies other land, collect ownership documents and existing agreements. Investigate whether joint ownership, an easement or another legal relationship is claimed. Do not rely simply on the word “shared” used in conversation. A lawyer can assess the rights and obligations in the specific situation. Access for work, support and connections also need clear boundaries. Do not assume that proximity to the boundary automatically permits alteration of an existing component or that every wall has the same legal status.

If someone claims a wall is jointly owned, ask for the basis and the proposed use. Does it involve anchoring, raising, connecting or temporary access for maintenance? Separate these actions. Permission for scaffolding, for example, does not automatically address permanent attachment to the wall. A legal assessment can then focus on the intervention actually proposed.

4. Separate building permission from private law

Check the design against technical and spatial building requirements under the Omgevingswet and local rules. IPLO describes these separate assessments. Public law permission or exemption from a permit does not automatically resolve ownership and neighbours’ rights. The Dutch government describes private neighbour law alongside the permit route. Conversely, a neighbour’s consent does not itself legalise a public law violation. Put two conclusions in the file: the authorities’ requirements for this plan and the rights of the owners involved that also require agreement or investigation.

Use the same design for both routes. If the roof edge, foundation or location changes, an earlier neighbour agreement concerning another version may be insufficiently clear, even if the permit question remains unchanged. Therefore keep the public law conclusion and private agreement with the drawing they concern. This prevents different documents from unintentionally being interpreted as consent to the same altered component.

5. Record consent to a specific plan

Discuss the drawing, dimensions, execution and any conditions. A general statement that a neighbour has no problem with an extension may be less clear than consent to a particular version. Have agreements on access, repairs, maintenance and costs legally developed where necessary. Also ask how an agreement affects future owners and whether a notarial deed is needed; an ordinary letter does not automatically achieve every intended lasting effect. Do not sign a boundary declaration or waive claims without understanding what is legally acknowledged and precisely which plan it concerns.

For temporary access, also record how the existing condition will be documented, who the contact is and how any repairs will be discussed. A permanent right or transfer of ownership may require a different legal form from a practical agreement about carrying out work. Ask precisely what effect you seek. A signature without a clear purpose or attachment is no reliable way to settle an unclear boundary situation for future owners.

6. Respond promptly to a specific dispute

Ask the other party which boundary and right they invoke and what the plan is based on. Keep responses and drawings and try to agree a focused investigation question. If work is imminent, a lawyer can assess appropriate urgent steps. Asking the municipality about building rules is not automatically sufficient for an ownership conflict. Do not move boundary markers or structures yourself to settle matters on the ground. Where prescription is invoked, the history and legal classification of use are relevant; lengthy use alone is no safe automatic conclusion.

If prescription is claimed, a timeline of visible use, changes to the enclosure and correspondence between owners helps. Have it assessed whether the use can legally constitute possession; long-term use is not sufficient by itself. Kadaster does not record whether ownership has changed through prescription and does not decide the issue. A notary can investigate; a court may be necessary if this does not resolve matters.

7. Fictional example: the fence differs from the building line

Suppose an owner wants an extension along the existing fence. The neighbour relies on old deeds to argue that the boundary runs elsewhere. The parties preserve the design and first investigate the registered location and history. They then determine the building line and any agreements precisely. This fictional example gives priority to neither fence nor map. It shows why a client should not build blindly along a visible enclosure and why technical feasibility, public law permission and private law entitlement are different conclusions, all of which require clarity.

In this fictional example, before work starts the parties can jointly record which part remains under investigation and that the contractor must not assume a definitive building line there. This practical agreement does not decide ownership. It can prevent construction from changing the situation while investigation continues. Have its content and purpose clearly recorded, so a temporary pause is not unintentionally worded as acknowledgement of the boundary.

8. Checklist for boundary advice before construction

Ask a lawyer which documents, survey and legal assessment are needed. Discuss the schedule with the contractor and prevent the construction version from being changed without clear coordination. Make the assignment, costs and deadlines explicit, particularly if the other party announces an early start.

Provide the other party’s documents in full as well, even if you disagree with them. Ask what is needed first to make the building decision and which points can be investigated later. Do not let a planned start tacitly determine the outcome: agree who will inform the contractor and which checked drawing may ultimately be used.

• Plot information, deeds and existing rights or agreements.
• The actual boundary of use, photographs and earlier survey records.
• An exact design drawing with dimensions and version date.
• A permit or exemption assessment for each activity.
• The dispute, history, proposed agreements and start schedule.