News Phosphate rights
Tenants' union: 'Judgment of judge is incomprehensible'
The Association of Land Tenants and Own Land Users (BLHB) is outraged by the decision of the Arnhem-Leeuwarden Court of Appeal on Tuesday 26 March. It states that lessors can claim phosphate rights. "The verdict is unfair and, moreover, indigestible," said Hans Meijer, the acting chairman at BLHB.
The program verdict of the judge This means that the lessors can claim the phosphate rights of the leasing dairy farmers, although the lease must then be long-term. This is the case if on 2 July 2019 there is a regular or liberalized agreement that lasts at least 12 years when entered into. Meijer, who is himself an arable farmer in Zeeuws-Vlaanderen, believes that in principle the lessors should not be entitled to phosphate rights. "After all, the tenant already pays rent."
Landlord is not a livestock farmer
According to Meijer, the judge's ruling is an extension of the system that was used at the time of the milk quota. "Various lawyers have said afterwards that this system was flawed." The ruling allows the lessor to claim phosphate rights, but this lessor is usually not a livestock farmer and therefore cannot obtain phosphate rights by name.
According to the association, the ruling of the court is therefore practically unenforceable. Meijer expects that the ruling will cause many problems and procedures. "After all, many dairy farmers make long-term use of leased land. In addition, hundreds more dairy farmers will stop in the coming years."
Substantiation is meager
What particularly bothers the tenants' union is the poor substantiation of the judge. "This makes it even more difficult to accept the statement and give it a place," says Meijer. For example, the Court of Appeal argues that the land is worth less at the end of the lease period if it is delivered without phosphate rights. BLHB believes that this assumption is incorrect and unprovable. "As a result, the ruling loses authority," says Meijer.
The lower limit for when the lessor can claim the phosphate rights is set at 15 hectares. Meijer believes that this number is just out of the blue, just like the distribution of 50% for buildings and 50% for land. "If the judge is of the opinion that lessors are entitled to phosphate rights, then it would be fairer not to apply a lower limit. Now a lessor with, for example, 14,8 hectares is excluded."
in cassation
In view of the disappointing verdict, Meijer believes it is logical to appeal to the Supreme Court. If the cassation judge comes to the same conclusion as the court of appeal, the BLHB will acquiesce in the decision. "We live in a democratic country, in which an independent judge is ultimately decisive, even if the verdict is unreasonable for us as a tenants' union."
Wouter Job
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