Value of right of way: Advice on easement
Questioner
I am involved in a settlement agreement in which an easement is arranged. I declare that I have no objection to activities on a business park and in return I receive the right of way over a passage. This allows me to park on my own property. Now I understand that transfer tax must be paid on such an easement. How is the value of something like this determined?Lawyer
If the easement is recorded in the land register, this is indeed the case, but you state that you have made agreements on paper about the use; if you do not go to the notary, it is a different story.Questioner
The core of my question is different. the visit to the notary has been agreed. so unavoidable. I receive the right of way over the back exit of a business park. With this I can realize two parking spaces on my own land at the back of my building plot. In return, I declare that I have no objection to permitted activities. concrete question is: how is the value of a right of way determined? How is the amount determined on which I have to pay 6% transfer tax?Lawyer
See also http://www.rechtswinkel.nl/antwoorden/1263/goedendag-ik-heb-recht-van-overpad-van-mijn-buurman-deze-wil-graag-zijn-huis-verkopen-maar.html Your question is not actually a legal question but should be submitted to (real estate) agents, perhaps there are specialists in this field. And here is a link to what the Valuation Chamber has to say about it http://www.waarderingskamer.nl/kiosk/viewcontent.aspx?id=2898 http://www.waarderingskamer.nl/Neem de volgende stap
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