{"product_id":"vragen-28976-hallo-ik-heb-een-vraag-over-verkrijging-onroerend-goed-door-verjaring-wij-hebben-een-verenigings","title":"Real estate prescription: get quick legal advice","description":"\u003ch4\u003eQuestioner\u003c\/h4\u003e\n\n Hello.\n\n I have a question about Acquisition of real estate by prescription.\n\n we have a club building at the xxxxx tail inYY. We have had this building since 1977 and were allowed to use it at the time by the municipality, provided that we maintained it properly so that it would not look out of place in the neighborhood. The municipality would not contribute anything further to this. We have signed this agreement on paper by the Mayor and secretary at the time. In 1983, the wooden building was rebuilt from stone after a fire.\n\n The current municipal government did not know about this agreement and did not know that they owned this building. The municipality is now coming up with a concept user agreement that states that we have to leave after 2027, but they have also drawn up so many rules that they can have us out in no time.\n\n Now my question is, is the acquisition of real estate by prescription not applicable here?\n If this is the case, I would like to hire a lawyer to make this happen.\n\n I look forward to hearing from you.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nSee http:\/\/www.wieringa-advocaten.nl\/nl\/weblog\/2010\/12\/24\/verkrijging-onroerend-goed-door-verjaring-van-goede-naar-kwade-trouw.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n No, there is no long-term prescription (20 years), also known as extinctive prescription. Why not? Because you or your legal predecessors initially respected the ownership of the municipality. This leads to ownership and not to possession, a condition for invoking prescription.\n\n After the building had burned down and been rebuilt, you state that for this situation, which you apparently see as a reason for concluding a new agreement, as the start of a possible prescription. But that is not the case: the ownership was continued, in my opinion there is really no prescription here.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nIf I understand correctly, you are a user of a building that is owned by the municipality. A user agreement may also be concluded verbally. In that case, the above story from my colleague Lachman is not relevant because then you are not the owner of the building.\n\n I understand that the municipality now wants you to sign a written user agreement in which they now want to set new conditions. That is not allowed. I therefore advise you to inform the municipality that you do not accept the new user agreement because it deviates from the agreements that were made in the past.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n First of all, dear colleagues, the above is an explanation of: Acquisition of real estate by prescription.\n\n I have never said that it is, all I want to say is that there are a number of options for the gentleman that he can use apart from: Acquisition of real estate by prescription.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nI agree with colleagues Martens and Ferwerda. There is a loan\/user agreement. Acquisitive prescription can never be the case. The municipality can, in my opinion, terminate this agreement, so think carefully before you refuse a new agreement.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Thanks for your comments\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55014596706653,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-28976-hallo-ik-heb-een-vraag-over-verkrijging-onroerend-goed-door-verjaring-wij-hebben-een-verenigings","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}