Real Estate Law

In a ruling last Tuesday (ECLI:NL:GHDHA:2025:2012), the Court of Appeal of The Hague determined that the board of a small Owners' Association (VvE) was rightly dismissed. In doing so, the Court also granted substitute authorization to appoint a new board. But is that even possible? The Court of Appeal itself seems to think so....

In a ruling in late 2024, the Court of Appeal of The Hague (ECLI:NL:GHDHA:2024:2205) ruled on the correctness of a first instance order of the subdistrict court. In that ruling (ECLI:NL:RBROT:2022:11370), the subdistrict court granted a substitute authorization to install a roof structure. The court drew a line under this plan: a substitute authorization can conveniently...

If the broker makes a false offer and the other party agrees, does a purchase agreement come into existence? The answer to that question is not black and white. It depends on whether the broker had power of representation. This has been the subject of much litigation. Quite simply, it depends on whether the broker was merely a...

A ruling by the Rotterdam District Court on January 31, 2023 (ECLI:NL:RBROT:2023:609) emphasizes the heavy duty of investigation that rests on buyers of older homes when invoking non-conformity. That duty of investigation weighs all the more heavily if there is an age clause in the purchase agreement. When purchasing a home, especially when it is elderly, the...

Peter Gillis' Oostappen Group must pay damages to the buyer of a chalet. This was decided by the East Brabant District Court (ECLI:NL:RBOBR:2025:5727) on September 11, 2025. According to the buyer, the operator of Vacation Park Prinsenmeer (which is the Oostappen Group) had violated its duty of disclosure to the buyer of a chalet. That buyer, a former tenant, claimed damages....

That you can become the owner of a piece of land by prescription is known to many. Mostly disputes about property boundaries concern land that several parties want to own. The fact that two parties do not want to be owners and instead designate the other as entitled party is somewhat less common. If there is highly contaminated land, or, for example,...