Limitation period for Snippergroen

There are two types of limitation period: acquisitive and extinctive.

• Statute of limitations
• There must be ‘ownership’. You must be able to prove ownership over a period of 20 years.

Possession

Possession means that you use the strip of municipal land as a single, unbroken stretch. It must also be clear that you, and no one else, are using the land. The key factor is how you use the strip of municipal land. Is it surrounded by a high hedge? Or is there a shed on it? If so, this may constitute possession. Do you mow the grass, or are there paving slabs on the strip of municipal land? This arrangement is insufficient to constitute possession.

Acquisitive prescription

There must be ‘possession’.

• You must act ‘in good faith’.
• You must be able to prove ownership over a period of 10 years.

In good faith

Acting in good faith means that you did not know, and could not have known, that the strip of municipal land you are using does not form part of your plot. You can demonstrate this if an error was made at the Land Registry or in the title deed drawn up by the notary. In legal terms, you are then acting ‘in good faith’. If no error was made, you could have known that the strip of land does not form part of your plot. Even if you may not have been aware of this yourself. From a legal point of view, this does not constitute acting ‘in good faith’.

Evidence

You must provide evidence yourself that you are the owner of the land. To do so, you can send photographs, videos or other visual material to the local authority. Witness statements are only intended to support the visual material and are not regarded by us as evidence in their own right.

Please note!

You cannot invoke the limitation period if you have entered into a tenancy or loan for use agreement with the local authority for the strip of municipal land.

Invoking the limitation period

You can email your claim regarding the limitation period, including supporting evidence, to snippergroen@apeldoorn.nl or send it to Apeldoorn Town Council, PO Box 9033, 7300 ES Apeldoorn.

Do you have any questions?

Please feel free to contact the staff at Snippergroen on 14 055 or send an email to snippergroen@apeldoorn.nl

If you can prove that the claim is time-barred, we will send you a letter acknowledging that the claim is time-barred and explaining why. The local authority will assist in formally recording the fact that the claim is time-barred. You can arrange this through a solicitor and the Land Registry. You will be responsible for the costs involved.