Obligation to Tolerate
When it comes to facilitating the laying of cables and pipes or the construction of water works, expropriation may be a too severe measure. An obligation to tolerate is a frequently used alternative. This includes, for example, the obligations to tolerate under the Water Act, the Telecommunications Act and the Public Works (Removal of Impediments in Private Law) Act.
The obligation to tolerate is also widely applied to facilitate the energy transition and the achievement of the set climate objectives. This includes the developments around the construction of solar farms, wind farms and earth tubes, for example.
Our team includes top specialists in the field of tolerance obligations in the Netherlands. We regularly support parties in the entire process of obtaining a temporary exemption order. This starts as early as the negotiations in which we work closely with the steward and appraisers.
- Assistance with applications and the further procedure for obtaining a temporary exemption order
- Advice on obligations to tolerate
- Proceedings on obligations to tolerate
The obligations to tolerate will also be included in the Environmental Act in 2021. We will be happy to advise you on the consequences of the changes involved.
At Van Benthem & Keulen we are highly specialised in the area of obligations to tolerate in the Netherlands. Our highly experienced lawyers can assist you if you want to initiate proceedings to request the imposition of the obligation to tolerate, but also if an obligation to tolerate is imposed on you.
Recent cases Obligation to Tolerate
- Acting as an independent adviser to the Directorate-General for Public Works and Water Management with regard to the imposition of obligations to tolerate
- Assisting the pipeline operator during negotiations about the laying of pipes