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Overstepping the plot boundary and abuse of rights: the Constitutional Court clarifies

23 October 2024

In principle, if someone builds over the plot boundary without title, the owner of the neighbouring plot can demand that this overrun be removed. Article 3.62, §2 of the Civil Code provides exceptions to this principle, even in cases of bad faith on the part of the neighbour crossing the boundary. But is this provision compatible with the fundamental protection of property rights?

This article is available in Dutch and French.

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