Neighbor law attorney & legal expert

What we do

Neighbor law contains the rules regarding the rights and obligations of neighboring properties. Neighbor law applies not only to owners of immovable property but also to tenants. The law refers to neighboring properties. This means that neighbor law applies not only to direct neighbors but also to properties that are not adjacent to each other. The requirement of neighboring properties is met when an action or inaction on one property has consequences for the other property.

Neighbor law restricts the property rights of the owner of real estate. Neighbor law is necessary to maintain order in a densely populated country like the Netherlands. It follows from neighbor law that a neighbor must behave properly. For instance, a neighbor may not cause nuisance to another neighbor (such as the emission of gases, smoke, odors, vibrations, and noise). Whether a nuisance exists will be assessed against the requirements of an unlawful act.

Our team of lawyers and legal experts specializes in neighborhood law. We can hold a neighbor liable, but also provide support in conducting a defense against a liability claim.

Questions about neighbor law? Contact us.

Neighbor law within real estate law

Neighbour law is part of the broader Real Estate Law and is regulated in Title 4 of Book 5 of the Dutch Civil Code. While real estate law revolves around the ownership, use, and exploitation of immovable property, neighbour law determines how neighboring owners and users relate to one another. A neighbour dispute rarely stands alone: ​​it often touches upon the value of the property, an ongoing purchase or sale, a renovation, or a tenancy situation. Therefore, we always approach neighbour law issues from a full real estate perspective. Whether you are an international corporation with a large business site or the baker on the corner with a conflict over the dividing wall: our lawyers and in-house counsel are familiar with both the legal and practical aspects of real estate.

The property boundary and prescription

Many neighbor disputes begin with disagreements regarding the legal boundary. In principle, the cadastral boundary is also the legal boundary, and the Land Registry can perform a boundary reconstruction to determine its location. However, the actual situation has sometimes deviated from the cadastral boundary for years. In such cases, ownership of a strip of land may have passed by prescription to the neighbor who took possession of the land (Articles 3:99 and 3:105 of the Dutch Civil Code). A possessor in bad faith can, in turn, be held liable for unlawful acts (Article 6:162 of the Dutch Civil Code). We map out the ownership situation, assess whether acquisitive or extinctive prescription applies, and, if necessary, conduct proceedings regarding the boundary.

Trees, shrubs and overhanging branches

Fixed distances apply to planting near the property boundary. Pursuant to Article 5:42 of the Dutch Civil Code, trees may not stand within two meters of the boundary line, measured from the center of the base of the tree, and shrubs and hedges not within half a meter, unless a regulation or local custom permits a smaller distance. If branches or plantings overhang your property, you may cut them off yourself pursuant to Article 5:44 of the Dutch Civil Code after having given your neighbor written notice to do so. You may remove encroaching roots without a notice. Please note: here too, the prolonged presence of planting can lead to prescription, causing the right to demand removal to lapse.

Boundary fence, dividing wall and joint ownership

In a contiguous part of a municipality, each neighbor may, pursuant to Article 5:49 of the Dutch Civil Code, require that a two-meter-high dividing wall be jointly erected on the property line, with the costs being shared. If a wall, fence, or hedge stands on the boundary, it is in principle jointly owned: common property of both neighbors (Article 5:62 of the Dutch Civil Code). Joint ownership entails that maintenance and costs are borne jointly and that neither owner may dispose of the boundary without permission. We advise on the rights and obligations regarding dividing walls and act in disputes concerning maintenance, replacement, and cost allocation.

Encroachment over the property boundary

If a neighbor builds across the property boundary, for example with an extension or foundation, the aggrieved owner can in principle demand the removal of the encroaching part. However, pursuant to Article 5:54 of the Dutch Civil Code, that claim will not be granted if the building owner would be disproportionately more severely prejudiced by demolition than the neighbor would be by leaving it standing. Instead of demolition, the court may establish an easement or order the transfer of the strip of land against compensation. We assess whether the encroachment was built in good or bad faith and determine the most promising course of action.

Easements and right of way

An easement is a burden by which one property (the servient property) is encumbered for the benefit of the other property (the dominant property), such as a right of way or a right of passage (Article 5:70 of the Dutch Civil Code). Easements are established in a notarial deed and registered with the Land Registry, and pass to subsequent owners. Disputes often arise regarding the scope of the right or regarding changed circumstances, on the basis of which modification or termination may be requested by the court. For a full discussion of this subject, we refer you to our page on Easements.

Emergency access at enclosed yard

If a property lacks proper access to a public road or public waterway, the owner may, pursuant to Article 5:57 of the Dutch Civil Code, claim the designation of a right of way of necessity across the neighboring property, against compensation for the damage suffered by the neighbor as a result. This frequently arises during the division of parcels or real estate development where a rear parcel becomes landlocked. We advise on the conditions and guide the determination of the route and the compensation.

Windows, balconies and privacy

It is not permitted to have windows, balconies, or similar structures within two meters of the property boundary that provide a view of the neighbor's property, unless that neighbor grants permission (Article 5:50 of the Dutch Civil Code). This rule protects privacy. Cameras and other forms of surveillance can also lead to a neighborhood dispute; the judge then weighs the interest in privacy against the neighbor's interest in security. We advise on what is permitted and take action when boundaries are crossed.

Unlawful nuisance

Pursuant to Article 5:37 of the Dutch Civil Code, an owner may not cause unlawful nuisance to owners of other properties, such as through noise, vibrations, stench, smoke, or gases, or by withholding light or air or depriving them of support. Whether a nuisance is unlawful is assessed in accordance with Article 6:162 of the Dutch Civil Code, taking into account the nature, severity, and duration of the nuisance and the local circumstances. We hold a neighbor causing a nuisance liable, but also conduct a defense on behalf of a neighbor being sued.

Our approach to neighbor disputes

We always begin with a thorough analysis of your situation and the underlying documents: cadastral data, deeds of transfer, permits, and correspondence. Often, a well-substantiated letter or a conversation is sufficient to resolve a conflict without litigation. If that fails, we litigate decisively in court, if necessary through summary proceedings. Because our teams include both lawyers and in-house counsel, we switch smoothly between advisory services and litigation practice, keeping costs and interests in proportion, whether you are a large real estate fund or a private homeowner.

Frequently asked questions about neighbor law

At what distance from the property line may a tree stand?

In principle, a tree may not stand within two meters of the property boundary, measured from the center of the base of the tree; for shrubs and hedges, half a meter applies (Article 5:42 of the Dutch Civil Code). A municipal ordinance or local custom may permit a smaller distance.

Am I allowed to saw off overhanging branches myself?

Yes, but only after you have formally requested your neighbor in writing to remove the branches himself and he fails to do so (Article 5:44 of the Dutch Civil Code). You may remove encroaching roots without a formal request. Be careful not to cause irreparable damage to the plants.

Who pays for the dividing wall or fence between two properties?

If the partition stands on the property line, it is jointly owned, and both neighbors bear the costs of maintenance and replacement jointly (Article 5:62 of the Dutch Civil Code). Pursuant to Article 5:49 of the Dutch Civil Code, you can compel cooperation regarding a two-meter dividing wall.

Can the property boundary shift due to prescription?

Yes. If a strip of land is held in possession for an extended period, ownership may pass to the possessor by prescription (Article 3:99 and Article 3:105 of the Dutch Civil Code). Whether this is the case depends on the duration and nature of the possession; we assess this based on the facts.

Questions about neighbor law? Contact us

Do you have a conflict with your neighbors, or do you want to know where you stand legally? Our specialized lawyers and corporate counsel assist entrepreneurs and private individuals, from international corporations to the baker on the corner. Contact us without obligation for advice on your neighbor law issue within real estate law.