Real Estate Law

The Code of Civil Procedure (Rv) states in which court a summons must be filed. Which court has jurisdiction varies depending on the type of case. The main rule is that the court of the defendant's domicile has jurisdiction. There are several exceptions to this rule. A few examples. If an employee sues his employer, the employer may...

Single glass of a monumental building is a defect according to judge The Amsterdam District Court recently issued a remarkable ruling in a rental case. The judge ruled that single glass of a monumental building from 1665 is considered a defect within the meaning of Article 7:204 paragraph 2 of the Civil Code. Lawyer rental law Robert van...

Tenant has arrears of more than 3 months, nevertheless no dissolution... The tenant of a property owned by housing corporation Stichting Goed Wonen in Gemert has allowed arrears in rent payments of almost 7 months to accumulate. Goed Wonen therefore went to the subdistrict court and claimed dissolution of the lease. The subdistrict court rejected the...

Roof terrace near property boundary: this is what civil and administrative law is like! In urban areas, house or apartment owners often want to create extra outdoor space. Often the roof of the house is the only real option for this. In our practice, it often happens that one of the parties is confronted with a neighbor who...

Neighbors turn out to be tenants and not buyers: grounds for rescission of purchase agreement? The buyer of a luxury penthouse in Capelle in den IJssel is angry with the developer of the project. This is because the brochure stated that he would be buying an apartment in a building with exclusively owner-occupied apartments. However, the developer (Van Wijnen) cancelled 65 of the...

Common or private: when in doubt, the CoE decides. Or does it? The subdivision deed of the owners' association (VvE) determines what is common and what is private. In the model regulations used from 1972 to 2017, there is a provision on what to do if there is any doubt about it. If there is any doubt, the...