Pacht en paarden

In the case of horse farming, it is often not immediately clear what type of legal entitlement underlies the use of the land and/or buildings. This depends on the specific circumstances of the case. This article discusses case law regarding the classification of agreements under which immovable property is made available for a fee for the purpose of horse keeping.

In this context, the article considers whether horse farming qualifies as (commercial) agriculture and in which specific situations the agreement will, in principle, be classified as a lease (“pacht”) or as a rental (“huur”). It also addresses the question of whether horse farming can be considered an ancillary activity. If the situation does not qualify as a lease, it will be regarded as a rental. The main legal consequences of such classification are discussed. The key difference lies primarily in the level of legal protection granted to a lessee compared to a tenant.