Land Use Project

The water board has a legal obligation to manage properties in accordance with the applicable Land Policy. Much of the land use by third parties has already been regulated. Sometimes land is used without any agreements having been made. We would like to resolve this situation by regulating land use and making agreements about it.

Previously, technology was not yet advanced enough to provide a clear understanding of cadastral parcel boundaries and the actual situation. Now, aerial photographs allow us to see clearly what the situation is on HHNK properties.  

An inventory revealed that agreements have not always been 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 among users of our properties where agreements have been made. From 2023, HHNK will address the issue of land use in a project-based manner throughout its entire management area. 

We use the cadastral map provided by the Land Registry. The Land Registry keeps track of who owns which land. The map shows where the boundaries of your plot are. By comparing the cadastral maps with a recent aerial photograph, it has been established that you are using land belonging to the water board.

With the help of this viewer, you can easily see which land is owned by the water board:

Land properties HHNK

No rights can be derived from this information.

At the same time as we write to you, we will also write to an independent appraiser. The appraiser will determine the value of the land. As soon as we know the value, we will share it with you. 

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

HHNK does not sell water for use on scaffolding. Where possible, water is only rented out at a fixed rate of €5.75 per square metre year, with a minimum charge of €75. 

Not all of our land is for sale or rent. Properties that are not relevant to our tasks are sold. Whether land can be sold or leased is assessed by the relevant departments within the water board and the Procurement, Legal Affairs & Land Affairs cluster. This is in accordance with our Land Policy.

Whether purchasing or leasing, the land is offered at a market-based price. This price is determined on the basis of an appraisal by an independent appraiser. The situation and use are taken into account in this appraisal. The costs of the appraisal are borne by the water board. In the case of a sale of land, the buyer bears the costs.

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

The water board prefers to sell the land. In certain cases, purchase is not possible. In such cases, we also offer the option of leasing the land.

No, that is not possible. For both purchase and lease, the land is offered at a market-based price. We cannot deviate from that.

If you do not wish to purchase (or lease) the land, we ask that you cease using it and return it to the water board. We will then make arrangements with you regarding the return of the land.

A team of specialists will assess what will happen to it. Options include:

• Digging up the soil to improve the water system;
• Ecological management (e.g., to promote biodiversity); 
• Installing a sheep fence.

Proposed non-public sales are published on theProposed land transactionspage on our website. In this way, we comply with the obligations arising from the Didam ruling. Public sales are published via a real estate agent.

Not everyone who uses land owned by the water board will be notified at the same time. This will be done in phases. It is possible that your neighbours will be notified neighbours a later date than you.

If not all residents of a street or block wish to purchase the land from the water board, those residents who do wish to do so may still purchase the land they use. We strive for a straight and logical cadastral boundary, but this is not an end in itself. We consider each situation individually.

If you purchase land after January 1, this will not affect the WOZ value of your home during that year and therefore will not affect the property tax you have to pay. In the following year, your plot will be revalued based on the new property details, including the land you have purchased, using the market value applicable at that time. Depending on this market value, the WOZ value of your home will increase (in a rising market) or decrease (in a falling market), and you will pay more or less property tax.

Prescription is rarely applicable to property such as land. Property rights are very well protected in the Netherlands. As the owner, the water board is regularly confronted with claims based on prescription. There is a great deal of case law on the issue of prescription, which shows that claims based on prescription are rarely successful. The burden of proof for prescription lies with the user. If you claim that the land you are using has been subject to prescription, you must also prove this. The water board will then assess the evidence provided and consider whether the claim for prescription is successful.

It is quite possible that the current land use did not arise intentionally. Good faith plays a role in any statute of limitations. If you wish to claim that you acted in good faith and wish to invoke the statute of limitations, you are free to do so. You must demonstrate the statute of limitations on the basis of evidence. See the previous question.

No, maintaining the land does not equate to acquiring ownership of the land. If you wish to continue maintaining the land, we will be happy to make arrangements with you.

That is a matter between you and the previous homeowner. HHNK arranges usage with the current homeowner who is currently using the piece of land or water.

You can licence and obtain a licence for activities that take place on someone else's property. The licence you authorisation carry out the activity. This licence not licence ownership of the location in question to you. Apart from the licence , agreements licence be made regarding the use of the land.

Technology has developed significantly in recent years. Aerial photographs make it possible to monitor our property more effectively and regulate the use of land and water. It may be that when the licence granted, the technology was not as advanced as it is today and that land use was not visible.

Having a licence not licence that you own the land or water. In addition to arranging the licence public law), you must also arrange land use (private law).

If you already use land owned by the water board and would like to purchase or lease it, you can submit a request using the response form on the website. We will contact you as soon as possible to discuss your request.

You can contact Team Land Use via the contact form on the website or via the water board's general telephone number: 072-582 8282.