Qualitative obligation

In notarial deeds transferring real estate, there is almost always a heading about qualitative obligations. It is sometimes forgotten by buyers that what appears under that heading is at least as important as what appears under the heading ‘easements. In this article, we explain why this is so.

What is a qualitative obligation

A qualitative obligation is an obligation for an owner of an immovable property. This obligation involves having to tolerate or refrain from doing something with respect to his own immovable property. An example is having to tolerate cables and pipes in the ground. If this obligation is included in a notarial deed that is registered in the public records of the Land Registry, we speak of a qualitative obligation. Successive owners are then automatically bound by it.

Qualitative obligation versus easement

Basically, the qualitative obligation, like the chain clause, an obligatory obligation and therefore personal. However, through its registration in the land register, it acquires a certain business effect: the obligation passes to the person who acquires the ‘quality’ of owner. The advantage of the qualitative obligation over an easement, is that with a easement always have a ruling yard. The owner of the ruling yard is the one who can enforce the obligation. However, a qualitative obligation is not ‘attached’ to a ruling yard, but to a certain creditor named in the agreement. So, in principle, that creditor can also transfer his rights to a third party.

Getting creative with the qualitative obligation

The qualitative obligation can be used creatively when an easement is not possible and a chain clause is too non-committal. Indeed, another advantage of the qualitative obligation over the easement is that the easement can only be established on real estate. The qualitative obligation, on the other hand, is more widely applicable: it can also relate to other registered property such as ships or aircraft on record. Furthermore, an easement can only relate to actual acts, but the qualitative obligation can also relate to legal acts. It can e.g. even prohibit reselling a property to a third party within a certain period of time.

Advice or dispute over qualitative obligation?

Do you have a dispute over a qualitative obligation or need advice? If so, contact the lawyer real estate From Lexys Lawyers.