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BEJ Beiușan Bogdan

Putting in possession and boundary disputes

A court decision in your favour over a piece of land is just paper until it is applied on the ground. That is what the bailiff does: together with a land surveyor, they measure, mark the boundary and actually put you in control of the land.

When you need a bailiff

The most common cases of this kind are boundary decisions, in which the court sets the line between two neighbouring properties, and decisions ordering someone to let the owner use a piece of land, a yard or an access road. Rights of way set by the court also fall here.

In villages across Bihor, many of these disputes go back to older restitutions of land ownership, with titles that don't match exactly what is on the ground. That's why the most important document in the file is the expert's sketch attached to the decision. Without it, the bailiff has nothing to mark the boundary from.

If, after you have been put in possession, the other side moves the stakes or stops you from using the land again, enforcement can be resumed under the law, without a new lawsuit over the same thing.

Steps in the procedure

  1. Submit the enforcement application, the final decision and the expert report or sketch attached to the decision.
  2. Once enforcement is approved, the other party receives the enforcement notice and the date when the putting in possession will take place.
  3. The bailiff appoints a land surveyor, preferably the one who worked on the court case.
  4. On site, with both parties present and, if needed, the police, the boundary is marked with stakes or markers.
  5. The official report of putting in possession is drawn up, with the sketch attached, and signed by those present.

Documents you need

  • The enforcement application.
  • The final court decision.
  • The land survey report and the sketch from the court file.
  • The land register extract or the title of ownership.
  • The name and address of the neighbour or the person bound by the decision.

Frequently asked questions

Can I move the fence myself after winning the case?

We don't recommend it. If you move the fence without a bailiff and your neighbour disputes it, you end up back in court. The official report of putting in possession, with the expert's sketch, is the proof that settles the matter.

Who pays the land surveyor?

The creditor pays the surveyor's fee upfront and then recovers it from the party bound by the decision, as part of the enforcement costs.

What if the neighbour doesn't show up on the set date?

The putting in possession goes ahead without them, as long as they received the enforcement notice. Their absence is recorded in the official report.

The information on this page is general and is not a substitute for legal advice on a specific case. For your situation, call the office: 0744 143 226.