Boundary determination: how to establish the boundary between plots (Art. 3.61 Belgian Civil Code)
Boundary determination is the legal act by which you establish the boundary between two adjoining plots and mark it with visible signs, such as stakes or boundary stones. Since 1 September 2021, it has been governed by Article 3.61 of the Belgian Civil Code, which replaced former Article 646 of the old Civil Code. You must first attempt an amicable boundary determination. If that fails, the justice of the peace will decide.
Good neighbourly relations start with clear boundaries, literally. Many disputes between neighbours arise because it is unclear where one plot ends and the other begins. Boundary determination provides a legally regulated process for establishing the property boundary precisely.
1. Boundary determination at a glance
Boundary determination legally establishes the boundary between two plots. The result is usually also made physically visible with stakes, wire, a hedge or a wall, but the essence is a legally certain line. Under Article 3.61, § 2 of the Belgian Civil Code, the boundary is determined in the following order:
- Acquisitive prescription: someone has possessed the piece of land continuously for long enough to become its owner.
- The authentic boundary-determination deed: an amicable agreement executed before a notary and transcribed in the registers.
- The title deeds: older deeds, deeds of purchase or deeds of gift.
- Factual indications: the existing enclosure, cadastral documents and the possession situation.
2. What has changed? From former Article 646 to Article 3.61 of the Belgian Civil Code
In short:
- Broader scope: all holders of real rights may request boundary determination.
- Formal amicable attempt: a registered invitation and a 3-month period are now required.
- Legal certainty for third parties: an authentic deed or judgment, together with transcription, provides clarity for third parties and future owners.
3. How does boundary determination work step by step?
Follow steps 1 to 3 when an agreement is reached. Follow steps 4 and 5 if no agreement is reached
4. Boundary determination versus a boundary fence
Boundary determination and a boundary fence are often confused, but they are not the same:
- Boundary determination: the legal establishment of the boundary.
- Boundary fence: the physical separation, such as a hedge, wall or wire fence.
Only install a fence once the boundary is certain. If you do so earlier, you risk ending up in another dispute.
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Frequently asked questions
What is boundary determination?
Boundary determination is the legal establishment of the boundary between two adjoining plots, marked with visible signs such as stakes or boundary stones. Since 1 September 2021, it has been governed by Article 3.61 of the Belgian Civil Code.
What is the difference between boundary determination and a fence?
Boundary determination establishes the legal boundary. A fence, such as a hedge, wall or wire fence, is the physical separation. Only install a fence once the boundary has been established.
Do I have to try to reach an amicable agreement first?
Yes. You must first invite your neighbour by registered letter to an amicable boundary determination. If no agreement is reached after three months, you may bring the matter before the justice of the peace (Art. 3.61, § 4 Civil Code).
Who pays the costs of boundary determination?
In principle, the owners each bear half of the costs, including surveyor’s fees, notarial fees and any legal costs. The court may depart from this rule, for example in the event of fault or abuse.
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