Neighbour dispute lawyer in the Netherlands

• Noise, smells, smoke or other nuisance from a neighbouring house or business.
• Trees, hedges or branches too close to the boundary or hanging over it.
• A disagreement about where the boundary runs, or a neighbour who uses part of your garden.
• A fence, extension or window built on or close to the boundary.
• A right of way or other easement (erfdienstbaarheid) that is blocked or disputed.
• A neighbour who builds without a permit, or a permit you want to object to.

A property owner may not cause unlawful nuisance to neighbours, such as noise, vibrations, smells or smoke, or by depriving them of light or air (Article 5:37 of the Dutch Civil Code, BW). Not every inconvenience is unlawful: living close together means accepting a certain amount of noise and activity.

The court weighs the nature, seriousness and duration of the nuisance, the time of day and the local situation. A barking dog at night or a heat pump running continuously under your bedroom window is judged differently from occasional noise during the day. Keep a log with dates, times and recordings: that is your most important evidence.

Trees may not be closer than two metres to the boundary, and hedges and shrubs not closer than half a metre, unless the neighbour has given permission or local rules provide otherwise (Article 5:42 BW). You can demand removal, but this right lapses if the tree has stood there for twenty years.

You may cut roots that grow into your land. For overhanging branches, you first ask your neighbour to remove them; if that does not happen within a reasonable time, you may cut them yourself (Article 5:44 BW). Windows and balconies looking onto a neighbour's land within two metres of the boundary require the neighbour's consent (Article 5:50 BW).

The land registry map gives an indication, but is not always decisive. The Kadaster can measure the boundary on site based on the original survey data. If a neighbour has used part of your land as their own for a long time, they may have become the owner through prescription: after ten years in good faith, or after twenty years in any case (Articles 3:99 and 3:105 BW).

Act early when you notice that a fence or shed has been moved. The longer a situation continues, the harder it is to reverse. See our guide on your options if your neighbours build without a permit.

As a tenant, you first turn to your landlord. A landlord must act against serious nuisance caused by other tenants in the same building, because peaceful enjoyment of the home is part of the tenancy. If the landlord does nothing, you may be able to claim a rent reduction or other measures. Our article on the obligations of the landlord explains your rights.

1. First contact: tell us briefly what the dispute is about and send photos, a log or letters you have. We let you know within one working day whether we can help.
2. Advice and cost estimate: we assess your position and the chances, and give you an estimate of the costs in advance.
3. Letter and talks: we write to your neighbour and explore a solution by agreement or through mediation.
4. Proceedings or completion: if no solution is reached, we start proceedings, or record the agreement so that it can be enforced.

Court fees (griffierecht), bailiff's costs and the costs of a Kadaster boundary survey are charged separately. Legal expenses insurance often covers neighbour disputes, so check your policy first. Legal aid through the Legal Aid Board (Raad voor Rechtsbijstand) exists, but we do not work on that basis.