Legal Advice: Permit and Usufruct

Questioner

I own a house together with my brother. The person who currently lives in the house lives there under usufruct. At the beginning of this year, the resident tried to place a canopy in the garden without our permission and fortunately also without a permit, which halted the construction. Tonight I read in the newspaper that a permit has now been applied for. We, my brother and I, already indicated in writing at the time that we would not give permission for a canopy. Can the resident have a canopy placed without our permission if the municipality now approves this permit?

Lawyer

Dear questioner, normally actions like this are included in rental agreements forbidden. I assume that the usufruct has been established by a notary? is that a standard business agreement between both of you and the usufructuary? In short: how is usufruct described? Normally, ownership - also stripped of the right to use - is the stronger right.

Questioner

ha it is true that it is recorded by and at the notary. My father left us the house and gave his wife (not my mother) the usufruct.

Lawyer

Even if the usufructuary receives a permit from the municipality - the permit does not replace the permission that the resident needs from you. Even with a permit, she may not place the canopy without your permission. I can advise you to do the following. Enclose a copy of your proof of ownership and send a letter to the municipality stating that a permit has been requested for a building on land that is your property, but that you have not given permission for this and will not give permission. You can then request the municipality not to process the application on the grounds that the applicant cannot achieve her goal (construction of a canopy) without your permission, so that she is not an interested party in the application and her permit application does not need to be processed as an 'application' within the meaning of the law. Nowadays, more and more municipalities are sensitive to this. In this way, you may achieve that no permit will be granted. I would be happy to assist you in drafting such a letter.