Renting municipal land: What are your rights?

Questioner

Behind our house is a piece of municipal land of approximately 150 m2 and extends from behind our house to the rear of the neighbours. The neighbors had rented it for 10 years, both the part behind their house and the part behind my house. In February I indicated to the municipality that I was interested in purchasing or renting the piece of land behind my house. In July I received a message that the neighbours' lease had been extended by 10 years in June. I personally find it very annoying that, although I indicated it in time, I was not able to participate in a rental because the piece of land is also behind my house. What are the rules of the game here? Who has the first right to rent land behind his or her house? Kind regards Arno

Lawyer

Unfortunately, the municipality is free to rent to whomever they want, even though you indicated in good time that you were interested in this land. The municipality's actions are nothing to write home about, but unfortunately for you they are not unlawful.

Lawyer

It is unfortunate that, despite your request, you were not given the opportunity to also rent a piece of municipal land. Many municipalities have established policy rules regarding the rental of municipal land. Perhaps this is also the case in your municipality. Ask your municipality (e.g. via the municipal website). There are no legal rules regarding 'first right of lease' of municipal land. However, a municipality will have to take into account general principles of good governance due to its special position (government) when it comes to the question of whether, to whom, and under what conditions is leased. In this respect, the leasing of municipal land resembles the granting of permits, whereby, when it comes to limited available (scarce) permits, case law has provided guidance on how these types of permits should be 'distributed'. The 'principle of equality' is particularly important here.