Obligations to tolerate

In connection with the construction of public works the government sometimes requires the cooperation of landowners or other rightholders in respect of immovable property. Think of the installation of electricity grids and gas pipes or of the construction of the lights of the approach route of an airfield or a sewerage system, for example. Because expropriation is in many cases a (too) severe measure the government makes more and more use of the imposition of an obligation to tolerate. The Public Works (Removal of Impediments in Private Law) Act and the Water Act are examples of acts that make it possible to force a landowner to tolerate the construction or installation of a work on or in his land.

The attorneys of the Obligations to Tolerate practice group provide advice concerning the possibilities for imposing obligations to tolerate and assist parties affected by obligations to tolerate. The attorneys cover the full spectrum: they negotiate in order to prevent the imposition of obligations to tolerate, advise authorities and enterprises (in particular pipe installers) about the imposition of obligations to tolerate and assist landowners and other rightholders confronted with the possible imposition of an obligation to tolerate.

Recent work

  • Independent advice gas pipe and gas storage obligations to tolerate
  • Assisting pipe installers in Noord-Holland (Westfrisiaweg) in the BP proceedings

Areas of Expertise

  • Public Works (Removal of Impediments in Private Law) Act
  • Water Act
  • Gas Act
  • Electricity Act
  • Spatial Planning Act

Services

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