Limitations

In the Belgian deed registration system, there is no conclusiveness of the registration.

Boundary issues are dealt with before the registration see reply to question 14 in section «Why register»

See also the «Hidden charges» questionnaire.

6.   Is it possible to create property rights different from the ones regulated by the law? – numerus clausus or numerus apertus-  (EU Adapt project)

No. In Belgium, the system of rights in rem is a closed system which means that only the legislator can create new types of rights in rem (art.3.3 of the Civil Code).

7.   In case the private parties are not allowed to create property rights different from the ones allowed by law, how broad is their freedom to determine the content of those rights? (EU Adapt project)

The extent of their freedom is that provided for by the law. If the content rule is of public policy, the parties may not derogate from it, and if the rule is suppletive, the parties may derogate from it.