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Case 5 - Boundary Disputes

Published online by Cambridge University Press:  26 May 2022

Björn Hoops
Affiliation:
University of Groningen, The Netherlands
Ernst J. Marais
Affiliation:
University of Johannesburg
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Summary

Variation 5.1. Boundary disputes

Gregory inquires about the legal status of his parcel of land with the land information system. From the information that Gregory obtains from that system, Gregory has the impression that the fence between his parcel and the parcel of Angela should be one metre closer the house of Angela. The fence is broken and therefore has to be replaced. Gregory places the new fence according to his impression of the information from the land information system without informing Angela. His impression, however, was not correct. After 20 years, after Angela has made an inquiry of her own, Angela sues Gregory, demanding that the fence be moved to where it used to be.

Variation 5.2. Boundary disputes and a transfer to a third party by the user

See Variation 5.1. Gregory sells and transfers his parcel of land, including the additional land, to Michael, who does not know anything about the moving of the fence and has not checked the land information system. Michael has lived on the land for 20 years. Angela finds out about the changed boundary and sues Michael, demanding that the fence be moved to where it used to be.

Variation 5.3. Boundary disputes and the fate of a registered right to cross

See Variation 5.1. Julia holds a registered right to cross Angela’s land within two metres from where the fence is originally situated. To the extent that this is possible, the coordinates of where she may cross are registered in the land information system. After the fence has been moved, Julia only crosses the land on Angela’s side of the fence. After 20 years since the fence was moved, Angela undertakes construction works on her side of the fence, temporarily blocking Julia’s access to Angela’s side of the fence. Julia sues Gregory, demanding that he allow her to walk on his side less than one metre away from the fence.

Variation 5.4. Boundary disputes with a municipality

See Variation 5.1. Angela is not the owner of the parcel of land adjacent to Gregory’s land. Instead, the owner is the municipality of Urk. Instead of Angela’s house, there is only grassland on the municipal land. Gregory moves the fence as per the facts in Variation 5.1.

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Publisher: Intersentia
Print publication year: 2022

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  • Boundary Disputes
  • Edited by Björn Hoops, University of Groningen, The Netherlands, Ernst J. Marais, University of Johannesburg
  • Book: The Acquisition of Immovables through Long-Term Use
  • Online publication: 26 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781839702419.009
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  • Boundary Disputes
  • Edited by Björn Hoops, University of Groningen, The Netherlands, Ernst J. Marais, University of Johannesburg
  • Book: The Acquisition of Immovables through Long-Term Use
  • Online publication: 26 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781839702419.009
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Boundary Disputes
  • Edited by Björn Hoops, University of Groningen, The Netherlands, Ernst J. Marais, University of Johannesburg
  • Book: The Acquisition of Immovables through Long-Term Use
  • Online publication: 26 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781839702419.009
Available formats
×