What rights does the tenant of our land have?
Questioner
Our grandmother once rented a piece of land to someone. His children have taken over that rent (silently?) and pay for it annually. In the meantime, grandmother has passed away and the heirs are the owners of this piece of land. Rental income comes in annually. Now, as a family, we would like to know what rights the tenant still has. Suppose someone in the family wants to use the land for agriculture or possibly sell it for house building (if that fits in with the zoning plan), is this allowed? There are stories about the tenant getting 40% of the price, which seems unfair to us. Grandma once rented out the land for a price far below market value. It shouldn't be the case that a favor to a friend turns into a burden on your leg? Is it important that there is a lease agreement somewhere, or is tacit renewal sufficient? As a family, we would like to use the land ourselves again and are curious about the possibilities.Lawyer
As you describe it, it does not meet a lease agreement if there is no full consideration in return. Then it is a user agreement. But apart from that, the lease can still be terminated by the majority of the heirs, taking into account the notice period that follows from the law.Lawyer
You also asked what term you should observe for the termination of a lease agreement for a piece of land, which is at least one month. In some cases, the termination or the term is unreasonable and that can be the case if the land is used commercially, for example. If you state that there is a user agreement because there is no market-conform price, the same principle actually applies to the lease of the land, perhaps somewhat less stringent in the case of commercial use because there are (have been) savings on the tenants' side. You see that all facts and data are taken into account.Neem de volgende stap
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