Proposal for mandatory registration of landjepik in the Dutch Kadaster

Currently, individuals who acquire ownership of a piece of land through adverse possession are not required to register this with the Kadaster. As a result, the register does not always reflect reality. Björn Hoops, a researcher at the Faculty of Law of the University of Groningen, and the Kadaster propose a solution to this issue: make the registration of ownership acquired through adverse possession mandatory.

_{Text: Esther van der Meer}

This situation occurs frequently in the Netherlands, as shown by earlier research conducted by Hoops: people use (municipal) land to expand their garden, driveway, or home by a few square metres—whether intentionally or unintentionally. After 20 years, this land officially becomes their property through adverse possession. However, these new ownership arrangements are not always accurately recorded in the Kadaster. This can lead to problems in spatial development and create uncertainty when buying or selling land.

Hoops states: ‘It is important for society that data are accurate. You need to know what you are buying. This is especially crucial for governments: when they want to plan a new railway, road, or residential area, it is not helpful if a piece of land turns out to be missing.’

Mandatory registration in the Kadaster

In the report The mandatory registration of acquisitions by adverse possession, Hoops and the Kadaster propose changing the rules so that ownership is only acquired once the data are correctly registered in the Kadaster. This transfer of ownership would then be immediately visible in the public registers.

The proposal assumes a single adverse possession period of 15 years, without requiring good faith. For undisputed acquisitions, the Kadaster can process the acquisition directly. In cases of dispute, the proposal provides for a low-threshold procedure involving a surveyor and the Kadaster’s registrar.

International examples

To develop a robust Dutch regulation, Hoops compared the legislation in England and Wales, Trentino-Alto Adige, Denmark, and New South Wales. The international examples show that an effective regulation requires not only a legal assessment of the case but also an accurate determination of the modified property boundary.

In December, the proposal will be discussed with societal stakeholders. Subsequently, amendments to the Civil Code and the Kadaster Act will be necessary to implement the new rules.