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Land boundary

Verified 01 January 2020 - Directorate for Legal and Administrative Information (Prime Minister)

The boundary allows to set the boundary between 2 contiguous lands. Bounding is not mandatory unless requested by one of the neighbors. It may then be agreed amicably or, in the absence of agreement, fixed by a court decision (judicial boundary).

Definition

The boundary consists of the boundary of two contiguous private lands.

The operation is performed using hardware markers called boundary (stakes, stones...).

Boundaries enforce property limits, particularly in the event of plantations or constructs (pool, garden shed, wall...).

Warning  

this operation does not apply between private and public lands. In this case, specific procedures shall apply (in particular individual alignment in the case of a public road adjacent to private property).

Initiative

If no one asks, the boundary is not mandatory.

If one of the owners of the adjoining lands applies and no boundary has already been established, then the boundary becomes mandatory.

Neighbors have an obligation to try to carry out the bordering by mutual agreement, before any recourse to the judge.

Searching for an agreement

Reminder

the neighbors have an obligation to try to make the boundary work out amicably, before any recourse to the judge.

In the event of difficulties in reaching an amicable agreement, the following shall be used:

  • one justice conciliator (procedure is free)
  • or mediation (paid)
  • or participatory procedure (fee-for-service with legal counsel)
Who shall I contact

Setting the property limit

The exact ownership limit must be established by an expert surveyor selected by the owners of the adjacent lands.

The expert surveyor writes a boundary report and sets markers.

Who shall I contact

Minutes

Signature

To be valid, the report made by the surveyor must be signed by the owners concerned.

The minutes signed by the owners of the contiguous land shall state definitively:

  • the size of the plots,
  • and their limits.

Proper demarcation is required of owners of adjacent lands. They can no longer challenge it, nor can they have a judge carry out a new boundary line.

Publication

Registration of the demarcation report at the Land Advertising Service is optional. It does, however, make the boundary opponent third parties (others cannot dispute this), including future heirs or buyers of the land.

The notary is responsible for the formalities to be completed.

In the absence of an amicable agreement (disagreement on the separative limit or refusal to carry out an amicable boundary) despite recourse to a judicial conciliator, mediation or participatory procedure, any owner may compel his neighbor to delimit his land by referring the matter to the judge.

Competent judge

The judicial remedy must be brought before the court of the place of the land.

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

The application shall not be admissible if a valid precedent has been drawn up.

Making Boundary

Procedure

The court appoints an expert surveyor to determine the exact line separating the 2 lands.

If one of the parties (owners of the land) objects to the division made by the surveyor, the judge shall decide.

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

This document is then provided to the parties.

Publication

Registration of the boundary at the Land Advertising Service is optional. It does, however, make the boundary opponent third parties (others cannot dispute this), including future heirs or buyers of the land.

The notary is responsible for the formalities to be completed.

Amicable or legal boundary costs are shared between the owners of the adjacent lands.

The amount of his costs depends on the rates charged by the expert and the difficulty of the border.