Neighbour law is the body of rules governing relations between owners of adjoining plots. It covers boundaries, planting, views, drainage and the use each must tolerate from the other.
Legal basis
Title 4 of Book 5 of the Dutch Civil Code contains neighbour law, in Articles 5:37 to 5:59. Article 5:37 prohibits unlawful nuisance, such as noise, odour or the removal of light. Article 5:42 prohibits trees within two metres and shrubs within half a metre of the boundary, unless local custom or by-law provides otherwise; the claim for removal becomes time-barred after twenty years. Article 5:44 confers the right to have overhanging branches removed and, after a demand, to cut them back oneself. Article 5:50 prohibits windows and balconies giving a view over the neighbouring plot within two metres. Article 5:36 governs the boundary where it is uncertain and Article 5:47 joint determination of the boundary. Common ownership of a boundary feature is governed by Article 5:60 and following.
How it works in practice
Most disputes concern trees, fences and disturbance. Whether nuisance is unlawful depends on its nature, seriousness and duration, and on local circumstances; someone living on a busy urban street must tolerate more than someone in a quiet rural area. Through prescription a situation that is in itself prohibited may in time become unassailable, which is often decisive for old planting and existing windows.
Where it goes wrong
Neighbours cut back branches themselves without first making a written demand, which makes their own conduct unlawful. A second error is treating the land registry map as an exact boundary; it is indicative only, and only a boundary reconstruction by the Land Registry settles it. Third, on purchase no check is made whether existing situations arose by prescription or are in fact unlawful.
Related terms
Neighbour law connects to the easement, to the limitation period and to tort.
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