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I purchased a block of agricultural land in 2008 without having the boundaries confirmed in the field, most likely due to my lack of experience in this kind of transaction and the fact that a surveyor subdivided the land only in 2005 - between the previous owner and the tenants.

I had my boundaries relocated only recently by a geodetic engineer and it was found that the neighbours at one side (south) have encroached by half a hectare. Originally, the south border ran along the creek, however the creek has moved considerably northward into the property.

The neigbours had their property subdivided amongst the siblings and laid markers along the creek. They claimed that the creek has always been their boundary as they inherited from their parents, and that the previous owners of my property have never bothered going across the creek. They did not accept the result of the survey and will have their land relocated and consult a lawyer.

I am very confident that my survey result is correct given that the neighbours at the west side of my property also lost 3/4 of a hectare to those people. My question is whether there is a possibility or any reason that the neighbours using the 1/2 hectare will be granted ownership of this part of my land.

I would really appreciate your advice, although I know I will need to consult a lawyer in the near future.

Thank you.

Art. 457 of the Civil Code states, To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters.

I would try to find out if there has been any efforts by the occupants on the other side to influence the changing of the course of the creek. This would disqualify them from owning the property by virtue of Art. 457.

It seems to me that if this type of dispute is resolved simplistically on the basis of Art 457, one could end up losing an entire property just by the movement of a river/creek. I find this ridiculous and outrageous. Surely, there has been some modification to this law as rivers and creeks have moved considerably over the years.

Some landowners have been saying that river/creek boundaries no longer apply as there have been too many disputes and that boundaries are based on points identified on the technical description, not the water stream.

To find evidence as to whether the other side had something to do with shift of the water stream is impossible. In fact, they already accused the former tenants of being involved in redirecting the creek.