The Mons Court of Appeal has issued its ruling in the dispute between a private individual and the SNCB, the Walloon Region, and the Municipality of Seneffe concerning a section of the former railway line no. 141, located behind the old Feluy-Arquennes station. The Court confirmed that the land has never ceased to belong to the public domain.
Essentially confirming the first-instance judgment, the Court ruled that the SNCB remains the owner of the land and that its occupation was without title or right. The claim of acquisition by thirty-year prescription was dismissed, as the land has always been part of the public domain and has been expressly reallocated for public use. The occupant is therefore required to vacate the premises and restore them, under penalty of a daily fine of €500, capped at €15,000.
This litigation, initiated in 2018, had significantly delayed the development of a pre-RAVeL route for pedestrians, cyclists, and horse riders on this section. The Municipality of Seneffe welcomes this decision, which resolves the legal uncertainty regarding the continuity of line 141 in the public domain and confirms the essential principle that disused railway lines remain for general interest and public use.
This ruling paves the way for the completion of the direct link between Nivelles and Seneffe, planned for the very end of this year. Works are continuing, particularly between the Arquennes footbridge and the Post Office, under the project management of the Walloon Public Service (SPW). Asphalt paving began on October 19, with an opening scheduled for mid-November.
The developments include the construction of a parking lot, the installation of electric shared vehicles, and underground waste containers on Rue des Carrières. A bicycle shelter has already been completed on Rue des Carrières, and a Batopin cash point will be installed soon. These improvements align with the Municipality's and the Walloon Region's commitment to developing soft mobility between Seneffe and Nivelles via the Arquennes footbridge and revitalizing the area around the former Feluy-Arquennes station.
