Tenancy · neighbour law · enforcement
Legal expenses insurance (rechtsbijstandverzekering) for an agricultural business
On a farm a conflict is rarely about an unpaid invoice. It is about land, about a permit and about the neighbours, and files like that run for years.
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Deze pagina in het Nederlands: Rechtsbijstandverzekering voor een agrarisch bedrijf.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
Work out for yourself what it would cost.
Enter your details; you will receive a proposal within one working day.
- We compare the offerings of several insurers
- An adviser checks whether the cover suits your situation
- We arrange the switch, including cancellation
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
An agricultural business has three kinds of opponent: the authorities, the neighbour and the supply chain. That is a different split from most businesses, and it explains why the standard modules are often not enough here. A large part of the files is about land. Agricultural tenancy is dealt with separately in the Dutch Civil Code; Article 7:311 of the Dutch Civil Code defines the agreement and many of the provisions around it are mandatory, which means a tenancy case goes to the agricultural tenancy division and not to the ordinary sub-district court. There are also easements, rights of way, land registry boundaries and the maintenance of ditches and culverts.
The second focal point is administrative law. Manure accounts, usage standards, a nature permit, an environmental permit for a new shed, an inspection on the yard or a recovery of farm payments: these are decisions of a public body, not contract disputes. On almost every business policy administrative law is a separate module, and without that module you are on your own. The fine or penalty payment itself is never reimbursed, even if the objection succeeds. Deadlines for objecting are also short and absolute, so reporting cannot wait until after the harvest.
What does not belong here is liability. Livestock that breaks out and tramples the neighbour's crop falls under Article 6:179 of the Dutch Civil Code: the keeper of an animal is liable for damage caused by the animal's own energy. A collapsing silage clamp or slurry store falls under Article 6:174 of the Dutch Civil Code. Your liability insurer handles those claims. A legal expenses policy is there for the dispute you have to run yourself. Wider context can be found at insurance for the agricultural sector and with environmental and agricultural.
This page deals with one situation. The full overview is on Compare personal legal expenses insurance (rechtsbijstandverzekering).
What to look out for
Four subjects that decide whether this policy is usable for an agricultural business.
Tenancy and property are not automatically covered
Many policies exclude disputes about the acquisition, exploitation and disposal of property, with the exception of the premises in which the business is run. For a farmer, land is precisely the means of production. So have it confirmed in writing that tenancy cases, easements and disputes about parcels of land fall under the cover, and not only the yard with the farm buildings.
Enforcement, permits and subsidies
An order subject to a penalty, a refused nature permit or a recovery of payment entitlements calls for the administrative lawmodule. The lawyer runs the objection and appeal, but the sanction stays at your expense: fines, penalty payments and additional assessments are excluded. Tax disputes usually fall under a separate tax module or outside the policy altogether.
Neighbours, spray drift and planting
Smell nuisance, spraying zones, drift onto a neighbouring plot and overhanging branches lead to neighbour law proceedings. Article 5:42 of the Dutch Civil Code governs the distance at which trees and shrubs may stand from the boundary; unlawful nuisance runs through Article 6:162 of the Dutch Civil Code. These cases are rarely large in money and often long in time, which is exactly where legal expenses insurance is useful.
Seasonal workers, housing and the contractor
Peak labour means temporary contracts, hiring in through an agency and sometimes housing on the yard. A dispute about a contract, a stoppage of pay or the ending of a contract of employment falls under employment law. A discussion with the agricultural contractor about work done badly is a contract dispute; the damage to the crop itself is liability and does not belong there.
What does your premium depend on?
- Sector: arable farming, livestock farming, glasshouse horticulture or a mixed business
- Annual turnover: many policies have a turnover limit per band
- Number of permanent and temporary staff: this determines the weight of the employment law module
- Tenanted or owned land: tenancy has a procedure of its own
- Modules chosen: contracts, employment, administrative law, debt collection, traffic
- Combination with your personal situation: living and working at the same address calls for the two to be aligned
Insurers weigh these details differently. That is where your saving is.
What the lawyer handles
| Situation | Basic | Extended |
|---|---|---|
| A feed supplier delivers a batch after which milk yield falls away | Yes | Yes |
| Your buyer cuts the price because a delivery was rejected | Provided that | Yes |
| The buyer of your seed potatoes leaves the final instalment unpaid | Yes | Yes |
| Your tractor is hit on the public road and the other party denies it | No | Yes |
| The bank withdraws the financing for your new shed part-way through | No | No |
| A helper in the farm shop claims pay for hours worked after the event | Provided that | Yes |
What is added in the right-hand column are separate modules. When asking for a quotation, ask expressly which of them are included.
Frequently asked questions
This is what people ask us most.
Does a dispute about my nature permit fall under the cover?
Only if administrative law is included. The lawyer can then object to the decision and, if necessary, appeal to the administrative court. Watch the deadline: it is short and is not extended because you were still in discussion with your insurer. So report immediately after you receive the decision. A penalty payment or fine imposed stays at your own expense even if you win.
My livestock has broken out and caused damage. Who deals with that?
That is liability, not legal expenses. Under Article 6:179 of the Dutch Civil Code you are liable as the keeper of the animal for damage caused by the animal's own energy, even without any fault on your part. Your liability insurer assesses the claim and conducts the defence. Legal expenses only come into play if you suffer loss and have to recover it from someone else.
I am in dispute with the neighbour about a culvert and a ditch. Is that covered?
Often yes, but check the exclusion for property. Disputes about parcels you do not use as a business location fall outside the cover on some policies. Neighbour law matters about the maintenance of watercourses, rights of way and boundaries can also become entangled with the water board or the Kadaster (the Dutch land registry), which creates an administrative law line as well.
Is my personal situation included here too?
Not automatically. A business policy covers the business. The family needs personal cover, and on a farm the two soon run into each other. Also allow for the waiting period after taking out the policy and for the exclusion of a dispute whose cause already existed when the policy started. Report a dispute as soon as you know of it; Article 7:941 of the Dutch Civil Code requires it.
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