Legal Assistance in Land Matters


Questioner

We would like to buy a house with an associated plot, and an additional plot that has the description 'Terrain (nature)' in the Cadastral Property Information. This appears to be agricultural/farmland. The mortgage lender has problems with the additional plot that has the characteristic of agricultural land. The mortgage lender wants an official letter, for example from the municipality or a notary, stating that there are no obligations on the use of that piece of land. Is the Land Registry's Ownership Information insufficient? Incidentally, it states that there is a private law impediment (as referred to in Article 5, paragraph 3, under b, Private Law Impediments Act) for drinking water company Brabant Water NV. Isn't this sufficient evidence that there are no obligations on the additional plot?

Lawyer

All data from the Land Registry must be sufficient for the mortgage advisor. If you can't figure it out, I know another mortgage advisor.

Lawyer

When it comes to agricultural land (the correct intended use with any restrictions on use are not in the land registry but in the municipal zoning plan) there may also be leased agricultural land. Lease gives the tenant a strong and sometimes very long-term position of use, which is a value-reducing factor. You can inquire with the Land Registry (www.grondkamers.nl) whether there is any leased agricultural land.

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