Superficies agreement

What does right of superficies mean? The right of superficies is laid down in Section 101 of Book 5 of the Dutch Civil Code and is defined there as 'a right to own or acquire property in, on or over real estate of another building, work or plantation'. The right of superficies is currently frequently applied in the installation of solar panels on the grounds of others. The right of superficies can be an independent right but can also depend on another right in rem. The independent or dependent character is, among other things, important in order to be able to establish a mortgage on the superficies right.

Why would you make a superficies agreement?

In the Netherlands we have the so-called right of 'natrekking'. If you do not pay close attention, it could just be that any objects you may have added to the real estate will become part of this property, as a result of which you will lose ownership. This is of course often not the intention and with a good superficies agreement this can be prevented. Make sure that the agreement is drawn up in a legally correct manner, this can (ultimately) save you a lot of costs, time and energy.

Please note that a superficies agreement in the Netherlands must be registered with the land register in the form of a notarial deed!

What do you need to take into account?

When drawing up and negotiating a superficies agreement, you need to take specific issues into account. Among other things, it is important that it is recorded on which real estate the right of superficies is established and for which purpose you may use the right of superficies. You will also have to give certain indemnities to the owner of the real estate on which the building lease is established. The aforementioned matters are some of the issues involved in such agreements but are certainly not all that you need to agree upon with the relevant owner. In spite of the fact that we work with our own models for such agreements, the drawing up of these agreements is often custom-made because it depends on the specific situation, what is important.

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Specialist superficies agreement

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Lawyer superficies agreement

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