Real Estate Law

Prescription requires possession, but it is more than just use Prescription can cause a person to become the owner of a piece of land that did not originally belong to him. On another page, we explain when the statute of limitations begins to run and how long the period is. But there is a condition that is often made...

Whether you have purchased a real estate property for a VOF that you want to dissolve, or bought a home together with the partner you are not married to: there may be times when you no longer want to own the property together. You are then not forced to remain owners together until you...

Ground lease termination in case of ground rent arrears: here is what to watch out for Ground rent is a right in rem that gives the ground renter the right to use someone else's immovable property. Usually there is a periodic payment in return. This is called the canon. But what if the leaseholder does not pay that canon (in full)? When...

You or your legal predecessors have been using a path on the neighbor's property for many years. However, no easement is registered in the Land Registry. You may then be able to invoke prescription. Under circumstances, however, you can also choose to appeal to old law. Under old law existed...

In its judgment last Friday (March 27, 2026), the Supreme Court ruled on the question of whether Hoogheemraadschap van Schieland en de Krimpenwaard (hereinafter HHSK) complained in time to the plaintiff in cassation (see ECLI:NL:HR:2026:507). It is an important judgment on the duty to complain. Breach of the duty to complain can have far-reaching consequences. Construction contract for...

Renewability in mixed condominiums: what is the position of the tenant? The sustainability challenge for apartment complexes is great, but the legal road to it is often complex. In particular, the preservation of ‘mixed’ Owners‘ Associations (CoEs), where both owner-occupants and tenants live, regularly creates a legal area of tension. For although the CoE decides on the joint...