Real Estate Law

Homeowners’ Association Loses Preliminary Injunction Case Against Restaurant Over Charcoal Grill The homeowners’ association of one of the Symphony towers in Amsterdam’s Zuidas district has lost a preliminary injunction case against the operator of a Spanish grill restaurant located on the ground floor of the tower. This is evident from a ruling published yesterday (ECLI:NL:RBAMS:2026:7511). The owner of the apartment in which the restaurant La Mesa is located…

The right of retention is one of the strongest rights a contractor has when dealing with a defaulting payer. Incidentally, the right of retention applies not only to contractors but also to other creditors, such as hotel owners, freight forwarders, carriers, and leaseholders. Auto repair shops can also exercise the right of retention, for example, on a car they have just repaired. What does the right of retention entail…

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...