Legal Aid for Sports Clubs | Legal Aid Shop
Questioner
Ir/Madam I would like to ask you the following question As a football club, we have been renting the fields from the municipality for an indefinite period for more than 40 years. Now they want to build houses on the sports complex where several clubs play. Now it is the case that an association has to leave its complex completely. And the municipality proposed that this association has to play on our complex and we have to move to another accommodation together with another association We object to this because we want to stay on our own complex where many members see it as their own home for which they have done a lot of work. In concrete terms, we would like to know whether we qualify for acquired rights.Lawyer
Only a possessor can become the owner of immovable property by prescription. Possession is keeping a good for oneself, article 3:107 BW. One takes possession of a good by acquiring actual power over it. A few isolated exercises of power are insufficient for taking possession. The counterpart of possession is 'keeping for another'. For example, in the case of rent, lease or use for free. Article 3:108 BW stipulates that it is assessed according to common opinion whether someone holds a good for himself or for another. In principle, a holder cannot change his holdership, article 3:111 BW. Someone who is a holder once, remains a holder. The meaning attributed to acts of possession is filled in by case law. For taking possession it is not decisive whether the possessor has the intention to acquire ownership, but whether, objectively, according to common opinion, there is a pretence of ownership. The exercise of power by the possessor over the land must be such that the possession of the original possessor is nullified and that he must be able to infer from this that the possessor pretends to be the owner and that he must therefore take timely measures to end the infringement of his right. Of course, it is possible that the municipality will pay all the costs for the new complex that you will have to find. If desired, you may contact me directly for further information or legal assistance.Questioner
I don't understand your response. As a football club, we have been renting our football fields for an indefinite period for more than 45 years. Can we now say to the municipality that you cannot simply move us and rent the field to someone else because we do not have to move as there will be no housing on the fields we rent? Can we now use the rented football fields after 44 years as an acquired right over those 44 years?Lawyer
As regards the lease of the fields, the matter is legally simple. In principle, you must assume that the municipality can terminate the lease and that as a result you no longer have any right to use the fields. Given the long duration of the lease, the question of whether the municipality can reasonably proceed to terminate the lease must take into account the interests that the municipality has in terminating your use and your interests in continuing the use. I do not read in your question what the legal situation is with regard to the buildings of your association. If, for example, you rent these buildings, then you are entitled to a certain degree of rent protection. Finally, this type of issue also has a political component. After all, a political decision will be needed to convert the current destination (sports) to a new destination (residential). Please try to find support in municipal politics in this area as well.Questioner
Dear sir, In response to your comment I can say the following. The buildings were built and financed by the association, but the municipality has no ownership rights, which means that we, as an association, financed the buildings (raised by the members) but received no compensation for this. They are prepared to carry out new construction, but then the association would have to pay a hefty rent. Can the municipality simply terminate our lease after 44 years or relocate us to place another association on our current complex?Lawyer
As I have written, the municipality can terminate the lease, but given the long term of the agreement, your interests will have to be taken into account. This can be done, for example, by observing a long notice period and by offering compensation for the disadvantages that the association experiences from the termination. I am thinking here in particular of a good arrangement for the association for the loss of the buildings, the costs of moving and moderation of rent for the new location. Please note that the municipality may earn a lot of money from the housing construction at the other location, so it is reasonable that at least part of this is also used to accommodate you. And furthermore, try to activate local politics as far as possible; it is of course strange that your association has to make way for plans for another sports complex.Neem de volgende stap
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