Project Land Use

Previously, technology was not so advanced that there was clear insight into cadastral parcel boundaries and the actual situation. In the meantime, we can clearly see the situation on properties owned by HHNK via aerial photographs.  

After an inventory, it appeared that agreements were not always made regarding the use of land and water belonging to the Water Board. This is contrary to our Land Policy and leads to legal inequality for users of our properties where it is regulated. From 2023, HHNK will pick up regulating land use in a project-based form throughout its management area. 

We use the Cadastral Map of the Land Registry. The Land Registry keeps track of who owns which land. The Map shows where the border of your plot runs. By comparing the cadastral Maps with a recent aerial photograph, it has been found that you are using land belonging to the Water Board.

Using this viewer, you can easily see what land is owned by the State Water Board:

Land properties HHNK

No rights can be derived from this data.

At the time we write to you, we also write to an independent appraiser. The appraiser determines the value of the land. Once the value is known to us, it will be shared with you. 

The appraiser may need to enter HHNK's property through your home or yard for the appraisal. For this reason, we will first inform you of the possible land use and procedure.

HHNK does not sell water for the use of jetties. Water, if possible, is only rented at a fixed rate of €5.75 per square meter per year, with a minimum amount of €75. 

Not all of our land is for sale or lease. Properties that are not important for our task performance are sold. Whether land can be sold or leased is assessed by the relevant task departments within the Water Board and the Procurement, Legal & Land Affairs cluster. This is according to our Land Policy.

For both purchase and rental, the land is offered at a market price. This price is determined on the basis of a valuation by an independent appraiser. This will take into account the situation and use. The costs for the appraisal are borne by the Water Board. In the event of a land sale, the price is at buyer's expense.

Purchase costs are the additional costs incurred when buying a piece of land. "Buyer's costs" means that in addition to the purchase price, there is also transfer tax and land registry and notary fees. These costs are borne by the buyer.

The Water Board's preference is to sell the land. In certain cases, buying is not possible. Then we also offer the possibility of renting the land

No, you can't. With both purchase and rental, the land is offered at a market price. We cannot deviate from that.

If you do not want to buy (or rent) the land, we will ask you to end the use and return the land to the Water Board. We will then make arrangements with you to return the land.

A team of specialists assesses what happens to it. Possibilities include:

• Excavate soil for water system improvement;
• Ecological management (For example, to promote biodiversity); 
• Installing a sheep fence.

Proposed non-public sales are published on the Proposed Land Transactions page on our website. This is how we comply with the obligations of the Didam judgment. Public sales are published through a broker.

Not everyone who occupies land belonging to the Water Board will be notified at the same time. This is done in stages. Your neighbors may be notified at a later time than you.

If not all the residents of a street or the block want to buy the land from the State Water Board, then the residents who want to may as well buy the land they use. We strive for a straight and logical cadastral boundary, but it is not an end in itself. We look at each situation individually.

If you purchase land after January 1, this does not affect the WOZ value of your property during that year and therefore does not affect the property taxes you have to pay. In the following year, based on the new property data, including the land you purchased, your property will be reassessed based on the then current market value. Depending on this market value, the WOZ value of your property will increase (in a rising market) or decrease (in a declining market) and you will pay more or less property tax.

With property such as land, prescription is rarely the case. The right of ownership is very well protected in the Netherlands. The Water Board, as owner, is regularly confronted with appeals to prescription. There is much case law on the issue of prescription which shows that an appeal to prescription rarely succeeds. The burden of proof of prescription lies with the user. If you claim that the land you are using is time-barred, you must prove this as well. The State Water Board then evaluates the evidence provided and considers whether the appeal of prescription is successful.

It is quite possible that the current land use was not intentional. Good faith plays a role in any statute of limitations. Do you want to argue that you were acting in good faith and want to invoke the statute of limitations? If so, you are free to do so. You must prove prescription by evidence. See the previous question.

No, maintaining the land is not equivalent to obtaining ownership of the land. If you would like to continue to maintain the land, we would be happy to make arrangements with you to do so.

This is a matter between you and the previous homeowner. HHNK settles the use with the current homeowner who is currently using the piece of land or water.

You can apply for and obtain a permit for activities that take place on someone else's property. The permit gives you permission to conduct the activity. This permit does not transfer ownership of the site in question to you. Apart from the permit, agreements on the use of land must be made.

In recent years, technology has developed greatly. Using aerial photographs, it is possible to better control our property and regulate the use of lands and waters. It is possible that when the permit was issued, the technology was not as good as it is today and land use was not seen.

Thus, having a permit does not mean that you own the land or water. In addition to regulating the permit (public law), you must also regulate land use (private law).

If you are already using land owned by the State Water Board and would like to purchase or lease it, please submit a request using the response form on the website. We will contact you as soon as possible to discuss the request.