Monday, March 30, 2015

Strong reactions to new proposals for ground rent – HegnarOnline

– We thought actually it was possible to do what they have done. They have a total surpassed Strasbourg judgment and gone much further than the judgment said. That means they really runs little by landowner lessees money, says chairman Grethe Gjertsen TOMTEFESTE Association.

She emphasizes that Norway in the Human Rights Court in Strasbourg was instructed to rectify the imbalances, but that Norwegian authorities got pretty great freedom when it came to how they would do it.

– This will really be a billion transfers from lessees to landowners, says she said.

“Disposable Lift”
Justice Ministry Friday presented its proposal for amendments to leasehold law. The reason is that the European Court of Human Rights (ECHR) in Strasbourg in 2012 stated that the rules of leasehold law could be contrary away lessees property protection.

The Court emphasized that the current Norwegian party fees are low and have no connection with site’s market value. The result is that many landowners feel forfordelt.

Now the Government proposes away lessee by extension of party agreement may require adjustment of the lease at an “even lift.” The regulated the lease shall constitute 2.5 percent of råtomtverdien, limited to 11,378 crowns. This “roof” shall apply to each acre plot or per plot if the plot is less than one acre.

Extension
Fest’s right to require the agreement extended by fixing future outlet shall still apply. Selects lessee redeem party plot when party time is up, put the sum to 25 times the the lease away lessee may claim for the bill (2.5 percent of råtomtverdien limited to the aforementioned maximum amount).

State Secretary Vidar Brein-Karlsen ( FRP) totally disagree with the criticism of the proposal.

– We have done a very thorough job of finding out how to get a good balance. There is no question that we will run after landowners with festermes money. But we must have a rule that is robust and can withstand a new trial in Strasbourg, and I feel sure that we have got, he says to NTB.

He believes the proposal will create confidence both for lessees and landowners.

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