Rights in rem

Rights in rem form the legal basis for the use, development, and exploitation of real estate. Think of long leasehold (erfpacht), building rights (opstalrecht), easements, apartment rights, and usufruct. These rights can have a major impact on the value, usability, and marketability of immovable property. We advise real estate investors, developers, businesses, and housing associations on the creation, interpretation, and termination of rights in rem. With a practical approach and in-depth knowledge of property law, we deliver legally sound solutions tailored to your interests.

Case examples

We advised and litigated on a complex matter in which a real estate investor owned a large number of residential units within a complex connected to adjoining structures. This raised questions regarding ownership, horizontal and vertical accession, co-ownership, and rights in rem, such as easements and building rights.

We advised a real estate investor on various issues relating to a plot in its ownership, including the encumbrance of the plot with limited rights. This involved the question of whether the plot was encumbered with easements and, if so, to what extent such easements might have arisen through prescription. We also advised this client on special long-leasehold provisions that had to be observed in exercising the ownership right, as well as on the applicable law governing owners' associations (VvE).