Leasehold and building rights are both so-called limited property rights. These rights are always based on or related to immovable property. Clients in GMW lawyers’ real estate practice are regularly confronted with these rights.
The leasehold gives the leaseholder a right of use of a property. In principle, according to the law, this is the same use that an owner of a property would have. However, in the deed with which the rights of the leaseholder are vested, these rights are often limited. Therefore the leaseholder rarely seems to avail of the same rights as the owner.
Discussions about the nature and extent of the use of the leaseholder and the legal nature of the terms agreed in the framework of the lease are often typical in property disputes. If long term lease of property exists, both pending and new, we can inform you of the rights and obligations of the leaseholder, the limitation of the use and the meaning and impact of stipulations in the deed with which the lease is vested.
In particular, GMW lawyers has extensive experience in consulting with and litigation against municipalities, including concerning unreasonable proposals for re-issuance and redemption of leaseholds but also as to termination by municipalities of such leasehold agreements.
An important principle in ownership of immovable property is that the owner of the land is also the owner of the buildings and works that are (permanently) connected to that land. An exception to this rule is the building right, where the recipient owns or acquires the property of buildings / works on or above another’s immovable property.
When the leaseholder has a right of use of the entire property, the superficiary in principle only has a title to the buildings and works. There may be practical reasons to establish a right to build, for example with multi-level buildings where the rooms and floors are used in different ways.
GMW lawyers can advise you on the pros and cons of acquiring a building right. Even in cases where a building right already exists we can advise you either as superficiary or as the owner of the underlying property, as to your rights and obligations.
https://www.gmw.nl/wp-content/uploads/Deftige-mevrouw.jpg5631000Raymond de Mooijhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgRaymond de Mooij2023-01-18 12:53:112023-01-18 12:54:15Grand lady
https://www.gmw.nl/wp-content/uploads/De-opstal-van-zonnepanelen.jpg6671000Marie-Christine Veltkamp-van Paassenhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgMarie-Christine Veltkamp-van Paassen2022-12-28 16:10:292022-12-28 16:12:23The rights of the Owners’ Association regarding solar panels
https://www.gmw.nl/wp-content/uploads/De-ontbinding-van-vastgoedgerelateerde-koopovereenkomsten.jpg6671000Wouter de Veerhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgWouter de Veer2022-12-07 11:58:472022-12-07 11:59:25The termination of property-related purchase agreements
https://www.gmw.nl/wp-content/uploads/High-standard.jpg6671000Raymond de Mooijhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgRaymond de Mooij2022-09-21 11:14:542022-09-21 11:15:08High Standard
https://www.gmw.nl/wp-content/uploads/Vastgoedbeheer-uit-handen-geven.jpg6671000Glenn Kerverhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgGlenn Kerver2022-09-19 13:33:542022-09-19 13:34:30Outsourcing real estate management: one concern more or less?
https://www.gmw.nl/wp-content/uploads/Consequences-of-corona-measures-and-rental-discount.png263398Raymond de Mooijhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgRaymond de Mooij2022-01-07 12:17:232022-05-12 15:07:57Consequences of corona measures and rental discount
https://www.gmw.nl/wp-content/uploads/shutterstock_2021433344.jpg6681000Glenn Kerverhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgGlenn Kerver2021-12-22 13:32:172022-08-02 15:00:39Changing the rent of a commercial space by the court
https://www.gmw.nl/wp-content/uploads/shutterstock_1930048133.jpg7091000Raymond de Mooijhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgRaymond de Mooij2021-11-03 12:45:302021-11-03 12:51:35The power card
https://www.gmw.nl/wp-content/uploads/shutterstock_693295942.jpg6671000Glenn Kerverhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgGlenn Kerver2021-06-23 16:05:252021-06-23 16:05:52Owner by prescription? Perhaps not after this revelation!
https://www.gmw.nl/wp-content/uploads/De-diplomatenclausule-1.jpg8931000Raymond de Mooijhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgRaymond de Mooij2021-06-02 12:25:212021-11-17 13:45:56Diplomatic clause
https://www.gmw.nl/wp-content/uploads/shutterstock_691654798.jpg6671000Raymond de Mooijhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgRaymond de Mooij2021-03-10 12:31:342021-03-10 12:31:55Curfew
https://www.gmw.nl/wp-content/uploads/shutterstock_14798140.jpg3721000Marie-Christine Veltkamp-van Paassenhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgMarie-Christine Veltkamp-van Paassen2020-12-07 16:45:042020-12-07 16:45:33When should a deed of division be amended?
https://www.gmw.nl/wp-content/uploads/Purchase-agreement-house-NL.jpg6671000Wouter de Veerhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgWouter de Veer2020-10-15 12:28:522022-08-10 11:21:22Purchase agreement for a house – what you need to check
https://www.gmw.nl/wp-content/uploads/shutterstock_722711746.jpg6671000Raymond de Mooijhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgRaymond de Mooij2020-09-28 15:34:242020-09-28 15:34:57Corona and the rent of catering or retail space – update
https://www.gmw.nl/wp-content/uploads/Column-Raymond-1.jpg6671000Raymond de Mooijhttps://www.gmw.nl/wp-content/uploads/GMW-lawyers-RGB-s-100x104-1.svgRaymond de Mooij2020-09-10 14:25:282020-09-10 14:29:25Like gentlemen