Real estate law
Some frequently asked questions about real estate
The municipality is not always obliged to pay these costs. The obligation to reimburse certain costs only exists if a request for a ‘provision’ within the meaning of the Dutch Education Act (in Dutch: Onderwijswetgeving) is made through administrative proceedings. We regularly advise and litigate on the question of whether or not a certain application is a provision. The latter includes, for example, a request for reimbursement of the costs of the construction of a new school or gym, renovation of an existing school, repair of construction faults, removal of asbestos, etc.
It is important to consider the wishes of the residents, but also to choose the right legal form. It makes quite a difference in which form, and under which conditions the collective private commissioning (in Dutch: collectief particulier opdrachtgeverschap, CPO) is given shape.
The basic principle is that an owner of land is also the owner of everything in, on or under that land. This is called accession. According to this general rule, the owner of the land becomes the owner of the wind power installation by accession. It is therefore not inconceivable that the owner of the wind or solar power installation loses ownership of the installation.
You can prevent accession by establishing a right of superficies. A right of superficies is a right in rem to own buildings, works or plants in, on or above someone else’s land. By establishing a right of superficies, you do not lose the ownership of the wind or solar power installation to the owner of the land.
For as long as the right remains in force, the party entitled to the right of superficies remains the owner of the property for which the right of superficies has been established. Of course, parties usually agree on a fee and conditions for making the land available.
At an early stage, agreements are made by the developer and the landowner about a renewable energy project to be realised. The developer may not yet have obtained a subsidy or permit but is keen to reserve a certain area and obtain an irrevocable right to it. Please note that certain agreements are non-binding, so that the parties can still part company without any compensation. However, if the parties are already bound to each other to a large extent, breaking off negotiations may only be possible after payment of certain compensation. When concluding the agreement, the parties can make arrangements to keep land available for renewable energy development for a certain period of time. Be aware that there is a chance that the development will be delayed, and the agreements will have to be extended. Does this happen automatically or do the parties have to resume negotiations? It is helpful to understand this beforehand and to consciously keep open the possibility of amending the agreements or terminating the agreement prematurely.
In the beginning, we usually strive for negotiated solution, in which we try to get the lessor to change their mind. Our aim is to enable the lessee to stay in the rented property for as long as possible. If negotiations prove unsuccessful, we will defend your interest tenaciously and persuasively.
You cannot find the answer to your question here? Please feel free to contact us.
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