The municipality wants to place light poles on our property.


Questioner

We have been living in a new neighbourhood for two years now, where public lighting has yet to be installed. Our and our unborn plots of land border directly on the public road, which is why the municipality would like to place a light pole on our property. We don't have any problems with this per se, but are there any legal rules for this? We were also thinking about ground lease or compensation for the use of our land. Can you provide us with information?

Lawyer

It sounds like your situation is in conflict with the right to property, which is guaranteed by article 5:1 of the Civil Code. This right protects your property from infringement by others, including the government. According to the General Local By-law (APV), the municipality does have the right to install and maintain public lighting. But they cannot simply do this on private property without the cooperation of the landowner. It is important that you and the municipality reach an agreement before the work begins. You can include conditions in this agreement, such as compensation for the use of your land. Remember that if the light poles are placed on your land, you may also be responsible for their maintenance. So make sure you have clear agreements about who is responsible for what. However, if the municipality insists on placing the masts without your consent, you can consult a lawyer or attorney for further legal steps. However, this advice is indicative; it is advisable to speak to a legal expert for more specific information about your situation. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

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