Solar panels: movable or immovable? And does the (sub)tentant have right of removal?
In Bedrijfsjuridische berichten (Bb), 2018, no. 44, Stephanie van Dijk-Elsinga and Hans van Noort wrote the article artikel "Solar panels: movable or immovable? And does the (sub)tenant have right of removal?".
Solar panels are booming business. More and more initiatives are being developed in which solar panels are operated, leased or sold. The District Court of the province of Noord-Holland recently gave an interesting ruling on the question of whether a solar park is movable or immovable. In this case, the so-called "PostcodeRoos regulation" was applied. In its ruling, the court not only decided on the question of whether the solar panels in question where movable or immovable, but also on the question of whether the subtenant had the authority to exercise its rent law right of removal towards the tenant (the land owner).
You can download the full article below. Please note the article is only available in Dutch. You can of course contact the author of the article for more information. All of our attorneys-at-law speak fluent English and will be happy to help.