Land boundary

Verified 11 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Is bounding mandatory? We are taking stock of the regulations.

The boundary line allows you to set the exact boundary between your land and your neighbor's land.

The operation is carried out by means of hardware marks called bounds (stakes, stones...).

Boundaries are used to enforce ownership limits, especially in the case of plantations or constructions (swimming pool, garden shed, wall, ...).

FYI  

the boundary does not apply if your land is adjacent to public land. In this case, specific procedures apply (in particular individual alignment).

If no one requests it, bounding is not mandatory.

However, if you request it or if it is a request from your neighbor, then the bounding becomes mandatory.

Warning  

moving or removing a bollard is a criminal offense. The owner may bring an action for interim measures before the court to reestablish the separator line markings and obtain damages.

It is mandatory to start with an amicable boundary with your neighbor.

It is recommended to make the request to your neighbor by registered letter with notice of receipt.

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In case of agreement with neighbor

In practice, it is necessary to call on an expert surveyor to fix the exact line separating your land and that of your neighbor.

Who shall I contact

The surveyor-expert draws up an outline report (bounding) and lays down markers.

These minutes shall set out definitively the content of the parcels and their boundaries. The minutes shall not be submitted in any particular form.

You and your neighbor must sign this statement.

Once signed, you can't argue with that anymore. You can't have a judge redraw the line either.

The minutes may be recorded in the property advertising department of the tax office, but this is not compulsory. In this case, it is the notary who is responsible for making this registration.

Who shall I contact

When the report is recorded, it makes it possible to render the boundary enforceable third parties (in particular future heirs or purchasers of the land).

In case of disagreement or refusal of your neighbor

In case of disagreement or refusal of your neighbor to carry out the bounding, you must call on a conciliator of justice (free of charge) or mediator (paid approach) or to a participatory procedure (paid approach with recourse to a lawyer) for find a solution.

If you still can't reach an agreement, you can force your neighbor to draw a line set by a judge.

To do this, you need to make a appeal to the court of justice the location of your land.

This recourse is possible at any time, without any limitation period.

The court appoints an expert surveyor to fix the exact line separating your land and that of your neighbor.

Once the limits are set, the court writes a judgment.

This document is given to you and your neighbor.

It is imperative that you keep this document.

Reminder

If you have already signed an abortion report, you can't argue with that anymore. You can't have a judge redraw the line either.

The costs of amicable or legal bounding are shared between the owner of the neighboring land and yourself.

The amount of these fees depends in particular on the rates charged by the surveyor-expert.