As a rule, you only own the area that is stated in the land register as belonging to the relevant land register. However, over time, changes may occur as a result of, for example, hedges and fences having moved.
In order to be able to claim the plot of land that runs between the cadastral boundary and the hedge or fence, a number of conditions must be met:
The rules on claim originate from Danish Law from 1683 and read as follows:
DL 5-5-1: If someone has had goods and property in their hands and claimed them for twenty years unencumbered and unclaimed, they shall retain them without any other right to show, unrepentant and unclaimed, unless it is proven that they held them, either as a pledge or in a loan, or in defense.
DL 5-5-2: A man can seize a claim on use as well as on property.
Based on the information you have provided, I assess that you have won a claim to the area, as long as it can be proven, for example by an explanation from your third neighbor, that you or the previous owners have used the area for a total of at least 20 years.
If you want to get paper proof that you have won a claim on the area in question, you must first contact the neighbor and ask if the parties can agree that the area in question belongs to one property.
If the parties can do so, a land surveyor can easily arrange for the area to be transferred to the other cadastre. If the neighbor disagrees, you will have to request a boundary transaction. This is done by contacting a land surveyor. It is generally a good idea to have a lawyer with you for a boundary transaction. The costs of carrying out a boundary transaction can be covered by private legal aid insurance.
If you would like to hear more about the dispute and dispute resolution process, you are very welcome to contact us.
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