Buying or selling property, installing solar panels or establishing a right of way for a neighbour have different legal points of view. For these and other complex legal issues surrounding property you can contact one of our specialists.
The straitjacket of property rights
Our legal system in relation to property is characterised by a strict straitjacket of so-called rights in rem. This means that only rights in rem as defined by law may be used to regulate rights and duties in relation to property. A right in rem means a right that applies not only to the contractual counterparty, but also to third parties. Examples are ownership, leasehold, building rights and easements.
Our clients wishes will always have to be incorporated into the legal system in a specific case. This requires a thorough knowledge of the legal system in addition to a dose of creativity.
A topical theme that will occupy us for years to come is making property more sustainable. This involves the reuse of materials, making property more energy efficient and so on. The solutions to these issues must fit within the legal system of rights in rem, which requires customisation. Consider the example given in the introduction of the installation of solar panels by a tenant on a property owned by another party. At the end of the lease, the tenant wants to be sure that he can remove the solar panels and that they have not become the property of the owner of the building. The financier of the solar panels wants to be sure that he can sell the solar panels if the tenant fails to meet his obligations and that he is not faced with an owner who can make a claim on the solar panels.
We offer suitable legal solutions for such issues.
Other subjects within property law
Making buildings more sustainable is a subject on which our property specialists can offer you good advice. However, there are many other subjects for which you can rely on us. A small selection of these topics will give you an impression:
drafting of purchase agreements and other types of contracts relating to property;
assistance in disputes about boundaries, easements, long-term ground lease, building rights and the like;
assistance in disputes with or in an Association of Owners (VvE);
advising on financing and securities such as mortgage and right of pledge;
litigating about property disputes before the regular courts and arbitration institutes.
Are you a (property) entrepreneur and would you like to know more about sustainability? Or do you have a question about property law? Please feel free to contact us using the contact details on this page. We are at your service!
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