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Vastgoedrecht
Real Rights

Real Rights

A real right is a right that is attached to a property or asset (e.g., land or a building). While this may sound straightforward, it is often not the case in practice. Legal real rights include:

  • Ownership
  • Rights and obligations of owners of adjacent properties (neighbouring rights)
  • Co-ownership (mandeligheid)
  • Easements
  • Leasehold (erfpacht)
  • Superficies (opstal)
  • Apartment rights

Each of these real rights can raise legal questions. For example, when does the concept of accession apply, causing one asset to become part of another party's property? How can this be avoided? What rights and obligations exist between owners of adjacent parcels, and when might unlawful interference (overlast) occur? What are the rules governing shared property for common use (e.g., a boundary wall under co-ownership)? In which situations could the establishment of an easement on real property provide a solution? What should be addressed in a leasehold or superficies deed, and what should be explicitly avoided?

We are happy to assist you with a solution-oriented approach.

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