Where is the property line? Avoid disputes.

After the transfer of a plot of land, questions may arise about the exact size of that plot or its boundaries. This information can usually be found in the deed of transfer signed by the notary. However, it can happen that the description in the deed of transfer does not match the description in the purchase agreement, or that the deed of transfer does not correspond to the site plan attached to the deed in question. How is the size of your plot or the boundary of the property determined in such cases? Here are three examples.

Situation 1: a smaller plot than intended was transferred

The seller and buyer agree that the intention was to transfer a larger plot than specified in the deed of sale. In this case, the buyer acquired a smaller plot than he envisioned. Because part of the plot was not specified in the deed, it was not transferred according to legal regulations. This portion was therefore not transferred and will still have to be transferred through a notary.

Situation 2: a larger plot of land than intended has been transferred

The seller and buyer agree that the intention was to transfer a smaller plot than specified in the deed of transfer. For a valid transfer, a so-called "legal title" is required: an agreement based on which the transfer takes place. If the parties intended to transfer a smaller plot in the purchase agreement, there is no agreement regarding the transfer of the larger plot, and therefore no valid title to transfer. Consequently, despite the larger plot being specified in the deed of transfer, the transfer of the larger plot did not take place. It is important, however, that the notary who drafted the deed of transfer amends it and brings it into line with what the parties agreed upon.

Situation 3: Parties disagree about what they intended to deliver

The third situation is more complicated: the parties disagree on the size or boundaries of the transferred property. An example might be a discrepancy between the text in the deed of transfer and the site plan attached to the deed. In that case, the answer to the question of what was transferred depends on the parties' intention as expressed in the deed of transfer. This intention must be inferred from the description of the property included in the deed. If the plan is attached to the deed, the interpretation of the parties' intention may also depend on this plan.

A similar case was heard some time ago by the Gelderland District Court. In that case, neither the surface area in the deed of transfer nor the site plan were formulated as decisive. The deed describes the drawing as being "schematically" indicated with hatching. However, the drawing does not resemble a freehand sketch. The Court considers that the drawing resembles a detailed scale map, on which the existing boundaries, buildings, and roads are drawn precisely in their underlying proportions. Although the drawing lacks coordinates, distances, and dimensions, the drawing does allow the boundary on site to be determined with precision. According to the Court, the drawing provides a clear indication of what the seller and buyer intended to transfer, so in this case, the drawing must be retained to answer the question of what the parties intended to transfer.

Summary and tip

The examples above demonstrate how crucial it is for the parties to clearly state in the purchase agreement the size and plot boundaries of the property they intend to deliver. If possible and feasible, it's also valuable to attach a clear site plan to the deed of transfer. This can prevent many disputes!

Would you like more advice on this topic? Visit us at Verploegh Chasséplein 1, 3134 BZ Vlaardingen, chat via www.maesnotarissen.nl, email service@maesnotarissen.nl, or call us at +31 (0)10 44 53 777. We look forward to helping you.

This article is taken from 'Met Recht Geregeld', a product of FBN Juristen.

This article should not be considered legal advice. FBN Lawyers and MAES Civil-Law Notaries take the utmost care in the content of these articles, but accept no liability for any incompleteness or inaccuracy of an article, nor for any consequences thereof.