Category Archives: Dutch Property Law

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Right of First Refusal: Please Specify the Scope!

In certain lease agreements we see a right of first refusal to purchase the leased property (voorkeursrecht tot koop van het gehuurde object), to the benefit of the tenant. Disputes may arise between the tenant and the landlord if it is unclear whether a transaction triggers the provision. Such a dispute occurred between a famous … Continue Reading

Short Stay Policy in Amsterdam: Limited Room for Balancing Individual Interests

Background Amsterdam and the conurbation are suffering a housing shortage (as is common in many larger cities). The municipality therefore seeks to limit new developments of short stay accommodations in most parts of the city. A “short stay” is defined by the Amsterdam municipality as at least four days and at most six months continuously. … Continue Reading

Further Clarification on Dutch Private Law Impediments

On 20 June 2018, the Administrative Law Division of the Dutch Council of State (the highest Dutch administrative court) (ALD) issued a judgement that again demonstrates the considerable burden of proof with respect to private law impediments. Background A municipal council cannot adopt a zoning plan if a “private law impediment” exists that would block … Continue Reading
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