The Dutch urban ground lease: A valuable tool for land policy? |
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| Institution: | 1. Faculty of Architecture and the Built Environment, Department OTB, Delft University of Technology, PO Box 5043, 2600 GA, Delft, The Netherlands;2. Faculty of Law, VU University Amsterdam, De Boelelaan 1105, 1081 HV, Amsterdam, The Netherlands;3. Property lawyer at the Port of Rotterdam, The Netherlands;1. Área de la Cadena Agroalimentaria, Grupo Agroecosost, IFAPA, Camino de Purchil s/n, Granada, Spain;2. Área de la Cadena Agroalimentaria, IFAPA, Carretera Bailén-Motril, Mengibar, Jaén, Spain;1. Department of Wildlife and Fisheries Sciences, Texas A&M University, 210 Nagle Hall, College Station, TX, 77843, USA;2. LiDAR Applications for the Study of Ecosystems with Remote Sensing (LASERS) Laboratory, Department of Ecosystem Science and Management, Texas A&M University,1500 Research Parkway Building B, Suite 217, College Station, TX, 77843, USA;3. Department of Ecosystem Science and Management, Texas A&M University,Horticulture/Forest Science Building, 495 Horticulture St, College Station, TX, 77843, USA;4. Departamento de Geografía, Universidad Nacional de Costa Rica, Naranjo, Costa Rica;5. Department of Wildlife and Fisheries Sciences, Texas A&M University, 210 Nagle Hall, College Station, TX, 77843, USA;1. Water Systems and Global Change Group, Wageningen University and Research Centre, P.O. Box 47, 6700 AA Wageningen, The Netherlands;2. Deltares, P.O. Box 177, 2600 MH Delft, The Netherlands;1. Department of Sociology, Colorado State University, Clark B-233, Fort Collins, CO 80526, USA;2. Department of Sociology, Colorado State University, Clark B-240, Fort Collins, CO 80526, USA |
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| Abstract: | Once heralded by both liberals and socialists as a tool for Dutch municipal governments to prevent land speculation and to implement spatial policies, a century later the Dutch ground lease (erfpacht) is now despised by many. The ground lease was the subject of strong debate in the recent past and is likely to remain so. It has been argued that lessees should have the right to become owner of the land, and this ‘right to buy’ has indeed been implemented in the land policies of several municipalities. The Dutch urban ground lease seems to be under serious pressure. Is it outdated or is it still a valuable tool for land policy? Before we answer this question, we firstly will provide an historical overview of Dutch ground lease. Secondly, the different types of ground lease will be elaborated. Thirdly, the focus will be on the urban ground lease used by Dutch municipalities and the developments in the use of this instrument. Fourthly, the recent policy changes will be dealt with, followed by an assessment. |
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| Keywords: | Leasehold Housing Property rights Ground lease Emphyteusis the Netherlands |
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