Encumbrances (Section C)

MORTGAGE

Original name: Hypotheek

Definition of this right: Article 3:227 A ‘pledge’ and a ‘mortgage’ are real security rights

1. A pledge and a mortgage are both real security rights on an asset of someone else, granting their proprietor (‘pledgee’ and ‘mortgagee’) the title to recover his financial debt-claim from the sale proceeds of the encumbered asset prior to all other creditors of the person to whom the encumbered asset belongs. When such a real security right is established on immovable property or on a registered ship or airplane, it is called a mortgage; when it is established on any other property, it is called a pledge.
2. A pledge or mortgage on a thing is vested on all that is covered by the right of ownership of that thing.

Type of right according to national classification: “Security rights”

Observations: Article 3:228 BW Possibilities to establish a real security right
All transferable assets can be encumbered with a pledge or a mortgage.
Article 3: 229 BW Substitution of pledged or mortgaged assets
–  1. A pledge or a mortgage includes by operation of law a pledge on all debt-claims for compensatory damages that have to be regarded as a substitution for the encumbered property itself, including debt-claims resulting from a depreciation of the value of that property.
– 2. This pledge ranks above all other pledges that are vested on such debt-claims.
Article 3:230 BW Indivisible real security rights
A pledge or mortgage is indivisible, even when the obligation for which security it serves, has two or more creditors or debtors and this obligation has been divided and apportioned between them later on.
Article 3:231 BW Security for existing and future debt-claims
– 1. A pledge or a mortgage may be established as security for existing and for future debt-claims. The debt-claim for which security is given, may be to name, to order or to bearer. It may be a debt-claim against the pledgor or mortgagor himself or a debt-claim against someone else.
– 2. The debt-claim that is secured by a pledge or a mortgage has to be defined sufficiently.
1.1. With respect to the mortgage liability, the Dutch mortgage system prepares in general one option:
a) Extracts include the global amount including all liabilities due to the loan (loan, interests or other debts). [E.g. The loan is 100,000 € and interest at 20,000 € is agreed. LR extracts indicate that the secured debt is 100,000€].
1.2. Regular LR information in this system also comprises ordinarily:
1. Name of the mortgagee or creditor
2. Deed whereby mortgage was constituted or awarded

However, there should not be expected any information about contract or basis of obligation guaranteed by a mortgage, deadline of the loan or credit or other contract which is basis of the mortgage, deadline of the mortgage or name of the mortgagor or debtor

1.3. With respect to the mortgage rank (preference of the mortgage in comparison with other mortgages or encumbrances), this LR system has the following criteria:

1. Mortgage rank depends on date of registration of the mortgage, so whoever may ascertain mortgage rank taking into consideration the information on the date of registration of the mortgage.

2. The extract does not indicate the rank of each individual right, such as a mortgage. For example, a mortgage that is listed at the end of the extract can have a higher rank than a mortgage that is mentioned first on the extract (see for example: article 3:262 of the Dutch Civil Code; hereafter: BW, which indicates the possibility to change the rank of rights) .

The procedure of determining the rank of the rights is laid down in article 3:21 BW. In order to determine the rank of rights, one has to determine which right was registered first. The extract states on which day and at which time (hour and minutes) the right was registered. In very exceptional circumstances, it can occur that two rights were registered on the same day at the exact same point of time. In that case, one has to check which deed was processed first

Original name: Eigendom

Definition of this right: Article 5:1 Dutch Civil Code (“Burgerlijk Wetboek”) (hereafter: BW)
Definition ‘right of ownership’

1. Ownership is the most comprehensive property right that a person, the ‘owner’, can have to (in) a thing.
2. The owner is free to use the thing to the exclusion of everyone else, provided that he respects the rights and entitlements of others to the thing and observes the restrictions based on rules of written and unwritten law.
3. The owner of the thing becomes the owner of its separated fruits and benefits, except when another person is entitled to them.

Type of right according to national classification: “Eigendom”

Observations: Article 5:2 BW Right to reclaim the thing

The owner of a thing is entitled to (re)claim it from everyone who keeps it without a right or title.

Article 5:3 BW Accession

As far as the law does not provide otherwise, the owner of a thing is the owner of all its components.

Article 5:20 Scope of the right of ownership of land

1. The ownership of land comprises, as far as the law does not provide otherwise:
a. the topsoil;
2. the layers of earth beneath the topsoil;
3. the groundwater that comes to the surface naturally or through an installation;
4. the water above the soil unless it has an open connection to water covering another’s land;
e. buildings and constructions permanently attached to the soil, either directly or through a connection with another building or construction, unless they are a component of someone else’s immovable thing;
5. plants (vegetation) and trees connected to the soil.
6. Contrary to paragraph 1, the ownership of a network, existing of one or more cables or pipelines which are used for transporting fixed, liquid or gaseous substances, energy or information, which are or will be installed in, on or above the land of others, belongs to the person who has lawfully installed them or to his legal successors.

COMMON OWNERSHIP

Original name: Mandeligheid

Definition of this right: Article 5:60 BW

Common ownership arises when an immovable thing is owned as a community of property by the owners of two or more lands, with the intention that it is to be used for the common benefit of those lands, which function is written down in a notarial deed between them, followed by the registration of this deed in the public registers for registered property.

Type of right according to national classification: “Common ownership”

Observations: Article 5:61 End of common ownership

1. Common ownership that has arisen by virtue of the previous Article, ends:
2. when the community of property of the immovable thing ends;
3. when the function of the immovable thing, in the meaning that it is to be used for the common benefit of the involved lands, is terminated by a notarial deed between the common owners, followed by the registration of this deed in the public registers for registered property;
4. as soon as the common benefit has ended for each of the involved lands.
5. The fact that the common benefit has ended for each of the involved lands, may be registered in the public registers for registered property

Article 5:62 Common ownership by virtue of law

1. A free-standing partition wall, a fence or a hedge is held in common ownership and forms for this purpose a community of property if the boundary of two lands belonging to different owners runs in a lengthwise direction underneath it.
2. Where two buildings or constructions, belonging to different owners, have the same partition wall, this wall is held in common ownership and forms for this purpose a community of property.

Article 5:63 Characteristics of common ownership

1. A share in the common ownership of an immovable thing cannot be separated from the right of ownership of the involved lands.
2. There is no right of action to claim the apportionment (division) of an immovable thing that only forms a community of property because it is held in common ownership.

Article 5:64 Right of access to the common immovable thing

Common ownership encloses a duty for each of the common owners to give each other access to the immovable thing.

Article 5:65 Maintenance, cleaning and renewal

An immovable thing held in common ownership must be maintained, cleaned and, if necessary, renewed at the expense of all common owners jointly.

USUFRUCT

Original name: Vruchtgebruik

Definition of this right: Article 3:201 BW Definition of ‘usufruct’

A usufruct is a real property right that grants another person – the usufructuary – the right to make use of one or more assets which belong to someone else – the main proprietor – and to enjoy the fruits produced by these assets.

Type of right according to national classification: “Rights of use”

Observations: Article 3:202 BW Coming to existence of a usufruct

A usufruct comes to existence through an establishment or a prescription.

Article 3:203 BW Establishment of a usufruct

1. A usufruct may be established on behalf of one person or on behalf of two or more persons who are entitled to it either jointly or in succession. In the last situation all persons who will be entitled to the usufruct after the first usufructuary must exist at the moment on which the usufruct is established.
2. A usufruct cannot be established for a longer period than for the life of the usufructuary. Where a usufruct is established on behalf of two or more usufructuaries jointly, and the share in the usufruct of one of these usufructuaries ends, this share will be added to the share of the other usufructuary or usufructuaries, always towards each other in proportionality of their shares, and such a joint usufruct will only cease to exist when the right of the last remaining usufructuary has ended, unless the contrary has been stipulated at the establishment of the usufruct.
3. When the usufructuary is a legal person the usufruct will end at the dissolution of that legal person, and in any event, thirty years after the day on which the usufruct was established.

RIGHT OF USE

Original name: Recht van gebruik

Definition of this right: Article 3:226 (2) BW

b. If only a right of use has been granted, then its proprietor is only entitled to use and to enjoy the fruits of the property encumbered with this right as far as he needs these fruits for himself or his family.

Type of right according to national classification: “Rights of use”

Observations: Article 3:226 (1) (4) BW

a. The statutory provisions for a right of usufruct apply as well to a right of use and a right of habituation, with the exception of the following provisions.
b. The proprietor of one of the specific rights of usufruct mentioned in the preceding paragraphs cannot alienate his right or encumber it with a limited property right, nor can he let someone else use the property or inhabit the house that is encumbered with his right.

MORTGAGE

Original name: Recht van bewoning

Definition of this right: Article 3:226 (3) BW

If only the right of habituation has been granted, then its proprietor is only entitled to live, together with his family, in the house encumbered with this right.

Type of right according to national classification: “Rights of habitation”

Observations: Article 3:226 (1) (4) BW

a. The statutory provisions for a right of usufruct apply as well to a right of use and a right of habituation, with the exception of the following provisions.
b. The proprietor of one of the specific rights of usufruct mentioned in the preceding paragraphs cannot alienate his right or encumber it with a limited property right, nor can he let someone else use the property or inhabit the house that is encumbered with his right.

SERVITUDES / EASEMENTS

Original name: Erfdienstbaarheid

Definition of this right: Article 5:70 BW Definition of an ‘easement’ and ‘ground fee’

1. An easement is a burden with which an immovable thing, the ‘servient land’, is encumbered on behalf of another immovable thing, the ‘dominant land’.
2. The notarial deed by which an easement is established may impose an obligation upon the owner of the dominant land to pay a sum of money – the ‘ground fee’ – at regular or irregular intervals to the owner of the servient land.

Type of right according to national classification: “Rights of use”

Observations: Article 5:71 BW Content of the burden on the servient land

1. The burden that an easement imposes upon the servient land, consists of the duty to tolerate an object or activity on, above or under the servient or dominant land or to refrain (leave off) from putting an object or performing an activity on, above or under one of these lands. The notarial deed by which the easement is established may determine, in addition, that the burden includes the duty to set up buildings or constructions or to grow plants (vegetation), necessary for exercising the rights derived from the easement, provided that these buildings, constructions and plants (vegetation) are entirely or partially situated on the servient land.

2. The burden which an easement imposes upon the servient land may also consist of the duty to perform maintenance services with regard to the servient land or to buildings, constructions or plants that are entirely or partially situated on the servient land.

Article 5:72 Formation of easements

Easements can come to existence by means of an establishment or the prescription of a right of action.

Article 5:73 BW Content of an easement

a. The content of an easement and the way how its rights are to be exercised are specified in the notarial deed by which the easement is established and, as far as this deed does not provide a regulation, by local common practice. When the rights derived from an easement have been exercised in good faith for a considerable time in a certain way without any objection of the owner of the servient land, then this way of exercising these rights is decisive as far as there is realistic doubt with regard to the content of the easement or the way in which it is to be exercised.
b. Nevertheless the owner of the servient land may point out another part of his land where the rights derived from the easement have to be exercised than the part that is allocated for this purpose pursuant to the previous paragraph, provided that this relocation is possible without diminishing the enjoyment that the owner of the dominant land derives from the easement. Costs, necessary for such relocation, are for account of the owner of the servient land.

LONG LEASE

Original name: Erfpacht

Definition of this right: Article 5:85 BW Definition of ‘long leasehold’ and ‘ground rent’

a. A long leasehold is a limited property right which gives its proprietor, the ‘leaseholder’, the right to hold and use an immovable thing of someone else.
b. The notarial deed by which the long leasehold has been established may impose an obligation on the leaseholder to pay a sum of money, the ‘ground rent’, at regular or irregular intervals to the owner of the immovable thing which is encumbered with the long leasehold.

Type of right according to national classification: “Rights of use”

Observations: Article 5:86 Duration of a long leasehold

Parties may regulate the duration of the long leasehold in the notarial deed by which the long leasehold has been established.

RIGHT OF SUPERFICIES

Original name: Opstal

Definition of this right: Article 5:101 BW Definition of ‘right of superficies’ and ‘ground rent’

a. A right of superficies is a real property right which enables its proprietor – the ‘superficiary’ – to have or acquire for himself buildings, constructions or plants (vegetation) in, on or above an immovable thing owned by someone else.
b. The right of superficies may be established on someone else’s immovable thing independent or dependent from another real property right or from a right of (farm) lease on that immovable thing.
c. The notarial deed by which a right of superficies has been established may impose an obligation upon the superficiary to pay a sum of money – the ‘ground rent’ – at regular or irregular intervals to the owner of the encumbered immovable thing.

Type of right according to national classification: “Rights of use”

Observations: Article 5:102 Limitation of the rights of the superficiary
The notarial deed by which the right of superficies has been established may limit the rights of the superficiary to use, place and remove buildings, constructions and plants (vegetation).
Article 5:103 Enjoyment of the encumbered immovable thing
If the notarial deed by which the right of superficies has been established doesn’t provide an arrangement for the right of the superficiary to enjoy the immovable thing that is encumbered with his right of superficies, then the superficiary shall have all rights to that immovable thing that are necessary for the full enjoyment of his right of superficies with regard to that thing.

APARTMENT RIGHT

Original name: Appartementsrecht

Definition of this right: Article 5:106 (4) BW Establishment of apartment rights

An apartment right is a share in the assets (registered properties) which are involved in a split up, and which share includes the exclusive right to use certain parts of the building, which parts are to be used, according to their functional arrangement, as a separate private unit. The share may include the exclusive right to use certain parts of the land belonging to that building. In the situation referred to in paragraph 2 the share includes the exclusive right to use certain parts of the bare land plot, which parts are to be used, according to their functional arrangement or denomination, as a separate private section of land.

Type of right according to national classification: “Rights of use”

Observations: Article 5:106 (1) – (3), (5) – (7) BW Establishment of apartment rights

a. The real property right of an owner (ownership), leaseholder (long leasehold) or superficiary (right of superficies) in a building and its belongings and in the related land and its belongings can be split up into several apartment rights.
b. The real property right of an owner (ownership), leaseholder (long leasehold) or superficiary (right of superficies) in a bare land plot can be split up as well into several apartment rights.
c. Also an apartment right itself can be split up in various apartment rights. An apartment owner is entitled to proceed to such a split up as far as the notarial deed by which his apartment right has been established does not provide otherwise.
d. By an apartment owner is understood a person who is entitled to an apartment right.
e. For the purpose of this Title the word ‘building’ also refers to a group of buildings involved in one and the same split up.
f. A leaseholder or superficiary is only entitled to split up his limited property right into apartment rights with approval of the owner of the immovable thing that is encumbered with the long leasehold or right of superficies. If the owner refuses to give the required approval, although he has no reasonable grounds to refuse it, or if he does not make a statement about it, then the Subdistrict Court may replace the required approval, upon request, by its authorisation; the person who requires the owner’s approval may lodge such a request with the Subdistrict Court in whose territory the encumbered immovable thing is located entirely or for the greater part.

PREEMPTION RIGHT FOR THE SALE OF PROPERTY

Original name: Vormerkung

Definition of this right: Article 7:3 (1) – (2) BW Registration of the buyer’s debt-claim for the delivery of bought immovable propery

a. The purchase of registered property may be registered in the public registers for registered property, meant in Section 3.1.2 of the Civil Code, unless the seller would not have yet been able, at the moment of registration, to deliver the sold property or component due to the exclusion of Article 3:97 of the Civil Code with respect to the delivery in advance of future registered properties. When selling an immovable thing or a component thereof that is intended to be used as a dwelling (residence), it is not allowed to derogate from the previous sentence to the disadvantage of a buyer who is a natural person and who, when entering into the agreement, does not act in the course of his professional practice or business.
b. During the period of reflection, meant in Article 7:2, paragraph 2, the debt-claim of the buyer, derived from the sale agreement, can only be registered in the public registers for registered property if the deed of the sale agreement is drawn up and countersigned by a notary established in the Netherlands.

Type of right according to national classification: “Preemption rights”

Observations: Article 7:3 (3) – (7) BW Registration of the buyer’s debt-claim for the delivery of bought immovable propery

The following rights and events cannot be invoked against a buyer whose debt-claim has been registered in the public registers for registered property:

1. an alienation or encumbrance (conveyance) of the concerned property or component by the seller, unless this alienation or encumbrance (conveyance) results from an earlier registered sale agreement or took place by virtue of a right to claim delivery of that property or component, which debt-claim, according to Article 3:298 of the Civil Code, has priority over the registered debt-claim and, at the moment on which this last debt-claim was registered, either the buyer, entitled to that registered debt-claim, already knew that this other debt-claim existed or a writ of a protective provisional seizure, served upon the seller to ensure that he will deliver the concerned property or component, was already registered in the public registers for registered property.
2. an alienation or encumbrance (conveyance) that takes place in continuation of an alienation or encumbrance (conveyance) by the seller as meant under point (a) of the present Article;
3. the placing under fiduciary administration of the concerned property or component, which protective measure has come about after the registration of the buyer’s debt-claim or, if it had come about prior to it, which was not yet registered in the public registers for registered property at the time of registration of the buyer’s debt-claim, unless the buyer to whom the registered debt-claim belongs already knew at this moment that this fiduciary administration existed;
4. a lease out of the concerned property of component that has come about after the buyer has registered his debt-claim;
5. a qualitative obligation meant in Article 6:252 of the Civil Code that has been registered after the debt-claim of the buyer;
6. a seizure under foreclosure or a protective provisional seizure of which the writ has been registered after the debt-claim of the buyer;
7. a judgment providing the bankruptcy, the suspension of payment under a moratorium or the application of the Debt Repayment Scheme for Natural Persons of or with regard to the seller, registered after the day on which the buyer’s debt-claim was registered.
8. The legal consequences of the registration of the debt-claim of the buyer, mentioned in paragraph 3, expire with retroactive effect if the sold property or component is not delivered to the buyer within six months from the day on which his debt-claim was registered. Furthermore, in that event the law abandons with retroactive effect the presumption that everyone could have known the existence of the debt-claim of the buyer if he had consulted the public registers for registered property.
9. During a time period of six months, starting from the day on which the registration has lost its legal consequences, the same parties cannot register a sale agreement that is related to the same property.
10. The registration of the debt-claim of a buyer can only take place if the deed of the sale agreement entails a signed and dated declaration of a notary, expressing his name, forenames, place of office and quality and in which is explained that paragraph 1, 2 and

5 of the present Article do not stand in the way of a registration of the buyer’s debt-claim.
g. Paragraph 1 up to and including 6 do not apply to hire-purchase agreements.

LIEN / RIGHT OF RETENTION

Original name: Retentierecht

Definition of this right: Art.3:290 BW

A right of retention is the right of a creditor, granted to him in situations specified by law, to withhold the performance of his obligation to return a movable or immovable thing to his debtor until his debt-claim has been fully satisfied.

Type of right according to national classification: “right of suspension”

CONTRACT OF SALE ART. 10 WVG

Original name: Koopovereenkomst art. 10 WVG

Definition of this right: This is an agreement whereby the seller is not under the obligation to first offer a particular piece of land to the municipality.

Type of right according to national classification: Exception to “right of pre-emption”

QUALITATIVE OBLIGATION

Original name: Kwalitatieve verplichting

Definition of this right: Article 6:252 (1) BW

It is possible to stipulate by agreement that the obligation of one of the parties to tolerate something or to refrain from doing something with regard to his own registered property, shall pass to all persons who will acquire that registered property under particular title, and that this obligation has to be observed as well by persons who will obtain a right of use of the registered property of a person who has acquired the registered property under the effect of such stipulation.

Type of right according to national classification: “Obligation to tolerate/refrain”

Observations: Article 6:252 (2)-(5) BW

b. A stipulation as meant in the previous paragraph shall only be effective if the agreement between parties, in which it is written down, is drawn up by notarial deed, followed by the registration of this deed in the public registers for registered property. The creditor towards whom the obligation exists, must elect his domicile in the Netherlands for the purpose of this registration.
c. Even after the stipulation has been registered in the public registers, it shall have no effect:
d. against persons who already, before its registration, had acquired under particular title a right in the registered property or a right of use of that property;
e. against a person who has seized the registered property or a limited property right with which it has been encumbered, if the stipulated obligation was not yet registered at the moment on which the warrant of seizure was registered in the public registers;
f. against persons who have acquired their right from someone who, pursuant to the provisions under point (a) or (b), was not bound by the stipulated obligation.
g. Where, in exchange of the stipulated obligation, a counter performance has been agreed upon, the right to claim this counter performance passes as well, together with the stipulated obligation, to the party who has acquired the registered property, as far as this right is related to the period after the passage of the stipulated obligation and provided that the stipulation under which the counter performance is due is registered too in the public registers.
h. This Article does not apply to (cannot be used for) obligations that limit a proprietor in his powers to alienate or encumber the registered property.

RIGHT TO A PARTION OF AN ACCRETION

Original name: Recht op gedeelte van een aanwas

Definition of this right: Right to a part of accretion entails that the owner of a piece of land at a water receives additional ground. This occurs after that ground is washed ashore by the water. The boundary of his land is then adjusted in the registration of the Dutch land registry. This is not the case if it concerns deliberate drainage or temporary flooding.

Type of right according to national classification:

“Right to a part of accretion”

Observations: Article 5:29 Land at a bank line

The boundary of land alongside water moves together with the bank line, except in case of intentional draining or a temporary flood. A flood is not temporary if, ten years after it first occurred, the land is still flooded and drainage has not yet begun.

Article 5:30 marking out boundary

a. A movement of the bank line no longer changes the boundary after that boundary has been marked out, either by the owners of the land and water in accordance with Article 5:31, or by the court upon a legal claim of one of these owners against the other in accordance with Article 5:32. When the boundary has been marked out, this has effect towards everyone.
b. If, instead of the true owner of the land, someone else who was registered as such in the public registers has been a party to the marking out of the boundary, then the previous paragraph still applies, unless the true owner has opposed against the registration of the deed of transfer or of the judgment prior to the moment on which the other person was registered in the public registers as owner.

Please note that – depending on the situation and the content of the notarial deed – the right to a part of accretion is either attached to the object or to the owner of the right to a part of accretion.

PERPETUAL GROUND RENT

Original name: Beklemrecht

Definition of this right: A “beklemrecht” is a indivisible and eternal property right on the immovable property of another to have the full enjoyment thereof and through which one becomes the owner of the buildings and plants that are to be found on the ground.

Type of right according to national classification: “Right of use”

Observations: A “beklemrecht” is an old national right. This entails that “beklemrechten” were included in the old Dutch Civil Code. The Civil Code that is in force today, does not include “beklemrechten” anymore. Therefore, after entering into force of the new Civil Code, “beklemrechten” could no longer be registered.  Thus, if the land register contains such a right, it was registered under the regime of the old Civil Code.

RIGHT TO FOREVER USE THE GROUNDS OF THE CITY OF GRONINGEN

Original name: Stadsmeierrecht

Definition of this right: A “Stadsmeierrecht” is a right following from an agreement between the municipality of Groningen and one or more persons. That agreement states that these people forever may use the grounds of the city of Groningen which are located in East Groningen and Groningen-Drenthe peat.

Type of right according to national classification: “Right of use”

Observations: A “Stadsmeierrecht” is an old national right. This entails that “Stadsmeierrechten” were included in the old Dutch Civil Code. The Civil Code that is in force today, does not include “Stadsmeierrechten” anymore. Therefore, after entering into force of the new Civil Code, “Stadsmeierrechten” could no longer be registered.  Thus, if the land register contains such a right, it was registered under the regime of the old Civil Code.

RIGHT TO DETERMINE THE PLANTS AND GROWTH

Original name: Pootrecht

Definition of this right: A “pootrecht” is a right according to which the entitled party owns the trees and other wood growth on the adjacent ground of another, picks the fruits thereof and is entitled to replace the growth by something else.

Type of right according to national classification: “Right of use”

Observations: A “pootrecht” is an old national right. This entails that “pootrechten” were included in the old Dutch Civil Code. The Civil Code that is in force today, does not include “pootrechten” anymore. Therefore, after entering into force of the new Civil Code, “pootrechten” could no longer be registered.  Thus, if the land register contains such a right, it was registered under the regime of the old Civil Code.

GRAZIE RIGHT

Original name: Weiderecht

Definition of this right:  A “weiderecht” is a right to graze someone else’s land.

Type of right according to national classification: “Right of use”

Observations: A “weiderecht” is an old national right. This entails that “weiderechten” were included in the old Dutch Civil Code. The Civil Code that is in force today, does not include “weiderechten” anymore. Therefore, after entering into force of the new Civil Code, “weiderechten” could no longer be registered.  Thus, if the land register contains such a right, it was registered under the regime of the old Civil Code.

RIGHT OF DUCK DECOY

Original name: Recht van eendenkooi

Definition of this right: A “recht van eendenkooi” is comprised of the “kooirecht” and the “afpalingsrecht”. The “kooirecht” is a right to catch birds and especially ducks on a certain piece of land by means of a duck decoy. The “afpalingsrecht” is a burden which the land located around the duck decoy is encumbered with, which includes the obligation for everyone to refrain from acts on the surrounding grounds which could disturb the birds and ducks.

Type of right according to national classification: “Right of use”

Observations: A “recht van eendenkooi” is an old national right. This entails that “rechten van eendenkooi” were included in the old Dutch Civil Code. The Civil Code that is in force today, does not include “rechten van eendenkooi” anymore. Therefore, after entering into force of the new Civil Code, “rechten van eendenkooi” could no longer be registered.  Thus, if the land register contains such a right, it was registered under the regime of the old Civil Code.

RIGHT OF WIND COLLECTION

Original name: Recht van windvang

Definition of this right: A “recht van windvang” is a right under which the owner of a windmill can require that every user of a surrounding ground abstains from buildings or plantings that can be harmful for the windage.

Type of right according to national classification: “Right of use”

Observations: A “recht van windvang” is an old national right. This entails that “rechten van windvang” were included in the old Dutch Civil Code. The Civil Code that is in force today, does not include “rechten van windvang” anymore. Therefore, after entering into force of the new Civil Code, “rechten van windvang” could no longer be registered.  Thus, if the land register contains such a right, it was registered under the regime of the old Civil Code.

TRIBUTES

Original name: Cijnzen

Definition of this right: Being entitled to “cijnzen” entails that the owner of an immovable good has to provide a solid periodic performace in either cash or kind.

Type of right according to national classification: “Right of use”

Observations: A right to “cijnzen” is an old national right. This entails that rights to “cijnzen” were included in the old Dutch Civil Code. The Civil Code that is in force today, does not include rights to “cijzen” anymore. Therefore, after entering into force of the new Civil Code, rights to “cijnzen” could no longer be registered.  Thus, if the land register contains such a right, it was registered under the regime of the old Civil Code.

RIGHT OF THE 13^TH PENNY

Original name: Recht van de dertiende penning

Definition of this right: A “recht van de dertiende penning” is an entitlement to a thirteenth part of the purchase price of the property that is encumbered with this right.

Type of right according to national classification: “Right of use”

Observations: A “recht van de dertiende penning” is an old national right. This entails that “rechten van de dertiende penning” were included in the old Dutch Civil Code. The Civil Code that is in force today, does not include “rechten van de dertiende penning” anymore. Therefore, after entering into force of the new Civil Code, “rechten van de dertiende penning” could no longer be registered.  Thus, if the land register contains such a right, it was registered under the regime of the old Civil Code.

FISHING RIGHT

Original name: Visrecht

Definition of this right: A “visrecht” is a right to fish with the exclusion of others in the waters that belong to somebody else.

Type of right according to national classification: “Right of use”

Observations: A “visrecht” is an old national right. This entails that “visrechten” were included in the old Dutch Civil Code. The Civil Code that is in force today, does not include “visrechten” anymore. Therefore, after entering into force of the new Civil Code, “visrechten” could no longer be registered.  Thus, if the land register contains such a right, it was registered under the regime of the old Civil Code.

RIGHT TO FERRY ACROSS A WATER

Original name: Veerrecht

Definition of this right: A “veerrecht” entitles the entitled party with the exclusion of all other persons and good to ferry across a water.

Type of right according to national classification: “Right of use”

Observations: A “veerrecht” is an old national right. This entails that “veerrechten” were included in the old Dutch Civil Code. The Civil Code that is in force today, does not include “veerrechten” anymore. Therefore, after entering into force of the new Civil Code, “veerrechten” could no longer be registered.  Thus, if the land register contains such a right, it was registered under the regime of the old Civil Code.

BARRAGE RIGHT

Original name: Stuwrecht

Definition of this right: A “stuwrecht” is a right of the entitled party to keep or bring water from a stream at the desired level, and to use this water.

Type of right according to national classification: “Right of use”

Observations: A “stuwrecht” is an old national right. This entails that “stuwrechten” were included in the old Dutch Civil Code. The Civil Code that is in force today, does not include “stuwrechten” anymore. Therefore, after entering into force of the new Civil Code, “stuwrechten” could no longer be registered.  Thus, if the land register contains such a right, it was registered under the regime of the old Civil Code.

RIGHT OF PEWS

Original name: Recht op kerkgestoelte

Definition of this right: A “recht op kerkgestoelte” entails that the ownership of the church is emcumbered by a right to have a pew in the church and by a right to use a permanent seat in the church.

Type of right according to national classification: “Right of use”

Observations: A “recht op kerkgestoelte” is an old national right. This entails that “rechten op kerkgestoelten” were included in the old Dutch Civil Code. The Civil Code that is in force today, does not include “rechten op kerkgestoelten” anymore. Therefore, after entering into force of the new Civil Code, “rechten op kerkgestoelten” could no longer be registered.  Thus, if the land register contains such a right, it was registered under the regime of the old Civil Code.

IMPEDIMENTS GOVERNED BY PRIVATE LAW

Original name: Privaatrechtelijke belemmering

Definition of this right: An impediment goverend by private law is an obligation to tolerate public works that are established on immovable goods by the State, the province or by the water board.

Type of right according to national classification: “Duty to tolerate”

Observations: A “privaatrechtelijke belemmering” is an old national right. This entails that “privaatrechtelijke belemmeringen” were included in the old Dutch Civil Code. The Civil Code that is in force today, does not include “privaatrechtelijke belemmeringen” anymore. Therefore, after entering into force of the new Civil Code, “privaatrechtelijke belemmeringen” could no longer be registered.  Thus, if the land register contains such a right, it was registered under the regime of the old Civil Code.

This information includes LR entries or notices related to restrictions decreed by judicial orders which mean either a claim on the property, or a challenge on the registered title, or an attachment of the property to debts as a result of judicial procedures, etc.

In this system:

a) Information on judicial restrictions or charges forms part of the regular land register extracts (Please note that judicial restrictions or charges can be registered in the land registry; however, registering such a restriction or charge does not always constitute a mandatory requirement).
b) Means of formal publicity ordinarily contains information about the judicial order that leads to the registration of notices or caveats (In the Netherlands, examples of such judicial orders are the insolvency and the conservatorship; the number of these judicial orders are being registered as well as a note that the concerned person has a limited power of disposal over the property).

LR information does not include orders of attachment or seizure from administrative authorities.

In this system fiscal burdens are unknown.