Antohi Laurențiu Law Office
Adverse possession, easements, and neighbor disputes — from boundary surveys to recovery of property.
Have you been using land for years that isn’t in your name, does a neighbor block your access road, or can’t you agree on where the boundary between properties runs? These are common situations in practice, each with its own specific procedure — here’s a short explanation of which one fits your case.
How you become an owner through mere long-term use.
What qualifying possession means
Not every use of a piece of land leads to adverse possession. The law requires possession exercised as owner, continuous, undisturbed, public and unequivocal — not possession tolerated by the real owner or kept hidden. Simply paying the taxes or using the land, taken separately, are not enough.
Time limits, depending on the situation
For possession started after October 1, 2011, the term is 10 years in ordinary cases of extra-registry adverse possession, or just 5 years in certain cases of registry-based adverse possession in good faith. For possession started before that date, the term is set by the law in force at the time possession began, which may be longer.
What evidence matters
The land registry extract, tax records, witnesses, utility contracts in your name and, if needed, a topographic expert report — the case is won or lost on this evidence, not on the belief that “everyone knows” the land is yours.
Easements and boundary surveys.
Right-of-way easement
If your property is landlocked, with no access to the public road, you’re entitled to a right of way across the neighboring land, along the shortest route that’s least damaging to the neighbor, with compensation. This can be set by agreement between the parties or, if you can’t agree, by court decision.
Light/view easement
The law sets minimum distances for windows and openings facing a neighboring property, precisely to protect privacy. If a neighbor built in violation of these distances, you can request either that they be observed, or, under certain conditions, recognition of an easement acquired through long-term use.
Boundary survey action
When the exact line between two neighboring properties is unclear or disputed, a boundary survey action asks the court to establish where the boundary runs — unlike a recovery action, here the question isn’t who owns the property, only where the limit between the properties lies.
Recovery action
If someone is actually occupying your land or property without any right to it, a recovery action lets you ask the court to order that person to hand it back to you. This action never prescribes — you can bring it at any time, regardless of how long has passed since you were dispossessed.
These disputes are won with documents and expert reports, not impressions.
In most property and neighbor disputes, the outcome depends on old records, land registry extracts and, often, a specialized topographic expert report. I’ll tell you from our first conversation whether your situation has a real chance and what evidence needs to be gathered before going to court.
Send me the documents before we talk.
Fill in the form below, selecting “Property & Neighbor Disputes” as the type of issue. Upload the land registry extract, any old property deeds and, if available, topographic plans or photos of the disputed area.