When you go to the bakery and buy a loaf of bread, ownership of the bread is transferred through transfer of possession. The baker places the bread on the counter, and upon payment of the purchase price, you can take it home. The purchase agreement is then perfected through the offer and acceptance. Buying a house is a little different.

For a private individual to purchase a house, a written purchase agreement is required. But that's not all. The purchase agreement is followed by a notarial deed of transfer. Ownership is only transferred once this has been signed and registered with the land registry.

The purchase contract is often drawn up by the selling agent, often based on a model from the NVM (Dutch Association of Real Estate Agents). The purchase contract names the parties, describes the property, states the agreed-upon purchase price, selects the notary, agrees on a delivery date, and includes statements, warranties, and conditions. For example, the condition that the purchase agreement can be terminated if financing is not secured. You can negotiate the content of the purchase contract beforehand. After signing, you have a three-day cooling-off period. If you wish to reconsider the contract within those three days, you can still do so. After that, you cannot.

The signed purchase contract is sent by the real estate agent to the notary selected by the buyer. The notary will then prepare and schedule the deed of transfer.

After receiving the purchase contract, the notary will prepare the transfer. They will request, collect, and process information about the parties and the property in a deed of transfer and a settlement statement. They will conduct three cadastral and mortgage searches at the land registry to verify who the legal owners of the property are and what mortgages and potential liens are attached to the property. The existing mortgages will be extinguished because the purchase price paid by the buyer to the seller will be used to pay off the mortgage the seller owed the mortgagee upon the transfer of the property. The buyer will want to establish a new mortgage on the property they purchased, in favor of their financier, upon transfer.

In short, the notary must perform at least the following usual duties when transferring registered property (for example, a house):

• Research at the land registry into how and when ownership of the registered property to be transferred was acquired by the seller.
• Check with the Land Registry whether the registered property is subject to a mortgage or attachment and verify whether a previous purchase agreement relating to that registered property has already been registered.
• Investigate whether the property is a listed building or whether it lies within a protected townscape or village view. Investigate whether there are any easements or special provisions (chain clauses, qualitative obligations, or municipal regulations), if these arise from the last title deed.
• Investigate whether there is a leasehold, building right or a preferential right of the municipality.
• Check whether there is a notice from building and housing supervision.
• Investigate whether there is a case of land consolidation (land consolidation).
• Monitor the payment of any security deposit or issuance of a bank guarantee and communicate with the parties involved.
• Correspondence with seller, buyer, banks, broker(s) and other intermediaries, to the extent that this does not arise from the unusual activities described below.
• Drawing up a draft of the deed of transfer and mortgage deed.
• Requesting the necessary funds from the lender(s).
• Preparing and sending invoices to the relevant parties.
• Sending - if possible at least one week before the date of signing the deed(s) - a draft of the deed(s) to the parties, brokers and other intermediaries.
• Check that the mortgage funds to be received and any equity have been credited to our quality account on time, i.e. before the deed(s) are signed.
• Shortly before passing the deed(s), check again with the land registry the ownership situation with regard to the registered property and any existing mortgages or attachments.
• Discuss the deed(s) with the parties and then pass the deed(s).
• Issue a copy of the deed of transfer to the new owner (and in the case of a leasehold also to the bare owner).
• Registering the deed(s) in the land registry.
• Check the confirmation of receipt of the deed(s) at the Land Registry and re-check with the Land Registry the ownership situation with regard to the registered property and any existing mortgages or attachments.
• Payment of funds to the buyer, seller and lender, municipality, Owners' Association, estate agent(s), appraiser(s) and any others on the first or second working day after the deed(s) have been passed, depending on the time of passing.
• Preparing the transfer tax return, timely payment of this tax to the Tax Authorities and registration of the deed(s) with the Tax Authorities.
• Both the buyer and seller will receive a settlement statement. This statement includes the purchase price, transfer tax (if applicable), VAT, the fee, land registry costs, the mortgage and repayment amounts, and the business expenses that will be settled as of the date of delivery. If anything is omitted from the purchase agreement that needs to be settled between the parties, the buyer will indicate this. Delivery costs are generally borne by the buyer.

In the event of divorce or the termination of another form of cohabitation, the parties will also want to separate financially. Their joint assets and debts will then be divided between them. When dividing a home, the intervention of a notary is required. They will draw up the deed of division. As long as this deed is not formalized, both former partners remain jointly and severally liable for the mortgage obligations, even if one of the two has already actually vacated the home. So don't wait too long. Don't wait too long for any other reason either. You are still entitled to (mortgage) interest deduction for the home you no longer live in for two years. After that, you no longer have the right to deduct the interest. If you buy another home immediately after vacating the home, you can deduct the interest on both homes for a maximum of two years. So, there's something to gain, but also something to lose.

You don't always have a choice about your neighbors. Some are incredibly lucky with their neighbors, for others it can be a nightmare. For those who occasionally watch the Rijdende Rechter (the Dutch television program), we don't need to tell you anything about that. We don't need to achieve high ratings; we solve the problems. Peacefully and with mutual respect. While we can't break iron with our hands, we can assist with drafting a deed or mediation to establish or maintain a good relationship with your neighbors. We use neighbor law for this. Neighbor law is part of property law. It defines the rights and obligations of neighboring properties. Think of a right of way, an overhanging tree, or a fence on or next to the property line. However, many matters are not regulated by law. In that case, the rights and obligations of neighbors towards each other must be assessed on a case-by-case basis.

What is co-ownership

Joint ownership is a special form of co-ownership, regulated in Article 60 Book 5 of our Civil Code.

How does co-ownership arise?

Joint ownership arises when a property is jointly owned by the owners of two or more properties and is designated by them for the common benefit of those properties through a notarial deed drawn up between them, followed by its registration in the public registers. It is a form of co-ownership that can be established not only by property owners but also by apartment owners.

When does a joint ownership end?

Joint ownership ends:

• when the community ends;
• when the purpose of the property for the common use of the heirs is revoked by a notarial deed drawn up between the co-owners, followed by its registration in the public registers;
• as soon as the usefulness of the thing has ended for each of the heirs.

Partition wall common and joint

A freestanding dividing wall, fence, or hedge is jointly owned if the boundary between two properties belonging to different owners runs underneath it lengthwise. If two buildings belonging to different owners share a dividing wall, it is also automatically jointly owned.

Joint maintenance

Jointly owned property is maintained, cleaned, and, if necessary, replaced at the expense of all co-owners. Under this rule, one co-owner can demand that another co-owner contribute to the necessary renovation of the jointly owned property. The costs are billed equally to the co-owners, unless otherwise agreed upon in a separate arrangement – recorded in a notarial deed.

Transfer of share

A co-owner can only avoid contributing to these costs by transferring their share in the jointly owned property to the other co-owners. The associated costs are, in principle, borne by the person transferring their share.

Consult with us

If you wish to designate a property for common use and establish a joint ownership, please contact us. We are happy to assist you and, together with you, will address: the use, maintenance costs, management, the meeting of co-owners, making changes or alterations to the joint property, the commencement and termination of the joint ownership, and the transfer of a co-owner's share in the joint ownership. We will record all this in a notarial deed and register this deed with the land registry for the parties, thus establishing the joint ownership.

Ownership is the most comprehensive right you can have in a thing. Things are tangible objects susceptible to human control. A limited right is a right derived from a more comprehensive right that is preserved with the limited right. You might want to read that one twice. We have a closed system, which means that all limited rights are incorporated into law. Limited rights can be divided into rights of use and security rights. Rights of use include usufruct, easements, leasehold, building rights, and condominium rights. Security rights include pledges and mortgages.

Easements, leasehold rights, building rights, apartment rights, and mortgage rights are registered property. Registered property is property for which transfer or establishment requires registration in designated registers. Such registers are kept by the land registry. Registration is done by entering a copy of a deed in the designated public registers. This deed must be a notarial deed. This means that for the establishment or transfer of easements, leasehold rights, building rights, apartment rights, and mortgage rights, you always have to visit a notary. It's best to arrange it properly.

What is an easement?

An easement is a burden that encumbers one immovable property—the servient tenement—for the benefit of another immovable property—the dominant tenement. The owner of the dominant tenement can be obligated to pay the owner of the servient tenement a sum of money—the fee—at regular or irregular intervals. The burden an easement imposes on the servient tenement consists of an obligation to tolerate or refrain from doing something on, above, or below one of the two properties. Consider a right of way, which allows you to cross your neighbor's property to reach your own garage, for example, or consider your neighbor's solar panel that might be on your roof.

Examples of common easements

1. easements of view : for example, these include the obligation for the owner of the servient property to tolerate that the house to be built on the dominant property has windows, bay windows, doors, any other light openings and balconies at a shorter distance from the servient property than permitted by law.

2. the easement of drainage : for example, containing the obligation for the owner of the servient property to tolerate the discharge of rainwater, wastewater and faeces via the sewers, rainwater drains, pipes, drains and/or gravel pits that will be constructed in, on or above the servient property during construction, and not to carry out any activities that (could) hinder the operation of the pipes and the like.

3. the easement of extension and overbuilding : for example, containing the obligation for the owner of a building plot to tolerate that, if the owner of the adjacent building plot makes use of the possibility of extension during construction, the center of the foundation and the wall to be placed on it are located on the property boundary

4. the easement of beaming : for example, containing the obligation for the owner of the servient property with building number 16 to tolerate that a beam can be placed on the servient property from the adjacent building plot

5. the easement of way : for example, containing the obligation for the servient property to tolerate the use of the servient property for the benefit of the dominant property, including by the owner of the dominant property or his legal successors, to come and go across the servient property on foot or by non-motorised vehicle to and from (and vice versa) the public road on the servient property.

Leasehold is a property right to use land owned by someone else. With municipal leasehold, the municipality owns the land. The special and general leasehold terms and conditions stipulate the terms and conditions and the compensation (the ground rent) the leaseholder owes the owner for the use of the land. These terms vary from municipality to municipality. The original purpose of leasehold was to prevent land speculation. Leasehold revenues benefited the community, allowing them to finance communal facilities. The leasehold system makes buying a house more affordable. You don't have to buy the land yourself; you only pay a periodic fee for its use. There are various types of leasehold. For example, land can be leased in perpetuity. The value of the land on which ground rent is due is then fixed forever and cannot be adjusted. However, there are also leasehold contracts with an end date on which the value of the land, and therefore the amount of the ground rent, can be adjusted. Leasehold can also be converted into ownership. Leasehold terms and conditions are not easy to read. We are familiar with the leasehold terms and conditions of most municipalities in the Rotterdam The Hague Metropolitan Region. We can provide you with comprehensive advice if you intend to acquire land under a leasehold or convert it to freehold ownership.

Limited rights

Ownership is the most comprehensive right you can have in a thing. Things are tangible objects susceptible to human control. A limited right is a right derived from a more comprehensive right that is preserved with the limited right. We have a closed system. This means that all possible limited rights are included in the law.

What limited rights are there?

Limited rights can be divided into usage rights and security rights. Usage rights include usufruct, easements, leaseholds, building rights, and apartment rights. Security rights include pledges and mortgages. Easements, leaseholds, building rights, apartment rights, and mortgages are registered property. Registered property is property for which transfer or establishment requires registration in designated registers. Such registers are kept by the land registry. Registration is done by entering a copy of a deed in the designated public registers. This deed must be a notarial deed. This means that for the establishment or transfer of easements, leaseholds, building rights, apartment rights, and mortgages, you always need to visit a notary.

What is a building right?

The right of superficies, governed by Article 5:101 of the Dutch Civil Code, is the right in rem to own or acquire buildings, works, or plantings in, on, or above another person's immovable property. According to the vertical accession rule of Article 5:20 of the Dutch Civil Code, everything permanently attached to the subsoil becomes the property of the owner of the subsoil. Therefore, the house the contractor builds for you on your property does not need to be transferred to you separately (though delivered) in order to acquire ownership. This happens automatically, precisely because the house is permanently connected to the subsoil. The trees in your garden therefore also become your property, even if the neighbor has bought them and plants them in your garden. Of course, you do need to have a garden...

Jurisdiction

The Portacabin judgment (Supreme Court, October 31, 1997, NJ 1998/97) clarifies that movable property can also be considered immovable. In this judgment, the Supreme Court ruled that if a movable property, such as a (self-contained) portable cabin, but connected to utility and sewer lines, is permanently intended to remain in place by its nature and design, this movable property can, under certain circumstances, still be considered permanently connected to the land. The consequence of this ruling is that the owner of the subsoil also becomes the owner of a movable property that is permanently intended to remain in place by its nature and design. According to case law, solar panels on a solar farm are also the property of the landowner above which they are installed.

Breaking vertical accession through building rights

Because there is a practical desire to break the vertical accession rule and separate ownership of land and anything built upon it, the right of superficies is regulated in Article 5:101 of the Dutch Civil Code. This is the right in rem to own or acquire buildings, structures, or plantings in, on, or above another person's immovable property. Ownership of a bridge or a pipeline network can also be regulated with the right of superficies. Grid operators such as Stedin and Westland Infra regularly use the right of superficies to install their utilities under someone else's property.

If you would like information or consultation regarding the establishment of a building right, please contact us. We are happy to help.

An existing building, or one yet to be built, can be divided into apartment rights. All apartment owners then jointly own the building. This also includes the communal areas. An apartment owner has the exclusive right to use their apartment, parking space, or storage unit.

Apartment owners are required to be members of the homeowners' association (VvE). The VvE represents the interests of the joint owners.

An apartment right is created when a building is divided into apartment rights. This deed of division is drawn up by a civil-law notary. A division artist creates the division drawings. The deed of division describes the location of the building, how the building is divided, what is private and what is common, which apartment rights exist, who the apartment owners are, and which model division regulations apply. This determines the rights and obligations of the homeowners' association (VvE) and the various apartment owners. The division regulations must include provisions regarding, among other things:

• The costs and debts that are borne by the joint apartment owners;
• The use, management and maintenance of common areas and facilities
• How the building is insured
• The establishment and articles of association of the VvE
• How many votes each apartment owner has

There are currently five versions of model division regulations. The most recent is from 2017. Older regulations do not expire once a newer one is published by the Royal Dutch Association of Civil-Law Notaries. We know of model division regulations from: 1973, 1983, 1992, 2006, and 2017.

If you want to buy an apartment right, want to incorporate existing or new construction into a division, want to change a division, or have questions about divisions, please know that we have a lot of expertise and experience in this field and are happy to share it with you.

Most people take out a bank loan to buy a home. The bank wants to be as certain as possible that the interest and principal payments on the loan will be paid on time and in full. They require security for this: a mortgage on the property. This is the strongest security right someone else can have. In the worst-case scenario, the mortgagee, the lender, often the bank, can then sell your home at public auction and be the first to receive the proceeds. Because of this security right, you do pay a lower interest rate.

The deed of transfer is therefore often followed by a mortgage deed. If you indicate in your quote request to the bank that we are the notary handling the transaction, the bank will send us the mortgage order so we can prepare the mortgage deed. We will then contact you.

You might already own a home and have a mortgage, but you can get more favorable loan terms from another bank. In that case, you can remortgage the property and cancel the old one. This is called refinancing.

A financial institution is willing to take risk when lending money to its debtor to acquire real estate. This risk is offset by the return the institution expects to earn by lending funds. For the institution, the risk of lending money lies in the debtor's failure to fulfill their obligations under the loan agreement. This risk can be managed by having the debtor establish a mortgage on the real estate in favor of the financial institution (the bank, mortgagee, mortgagee, lender). A party holding a mortgage has priority over the registered property for its claim. If the debtor (borrower, mortgagor) defaults on their obligations, the mortgagee may sell the property at public auction. A court order is not required. Once the property is sold, the lender has priority over the proceeds, ahead of all other creditors. The mortgage is therefore a strong security right. We assist banks forced to foreclose and organize the foreclosure auction. Auctions in the Rotterdam-The Hague Metropolitan Region take place at the auction house in Rotterdam ( https://vendurotterdam.nl/ ) and at the auction house in The Hague ( https://www.venduehuis.com/ ).

Buying a new-build home is different from buying an existing one. Often, a purchase/construction agreement is used. You buy the land and instruct the contractor to build the house on it. The purchase/construction agreement specifies what will be built, when and how it will be completed, a guarantee and security deposit, and the payment schedule. You pay in installments as construction progresses. You don't pay transfer tax, but you do pay VAT on the value of the land and the contract price. Furthermore, you buy freehold. The notary fees for the transfer are paid by the seller. For new construction, the contractor has appointed a "project notary" for the construction site. This notary handles the transfers to all buyers. Therefore, a buyer cannot choose a notary for the deed of transfer of ownership for a new build, but can for the mortgage deed.

Timeshare ownership of real estate, boats, caravans, and holiday club memberships is regulated in Book 7, Title 1a (Articles 7:50a-50i) of the Dutch Civil Code. It's a form of fixed-term ownership. For a certain period, you have exclusive use of a holiday home or a beautiful boat. What always seemed unattainable now comes within reach with this legal concept. If you want to market a timeshare product or are considering purchasing such a product as a consumer, make sure you fully understand the rights and obligations involved. Have us draft or review your timeshare agreement, and don't unnecessarily venture onto thin ice just because you're eager for a holiday.

The term "turnkey agreement" ("TKO") does not exist in our legislation. It is not a fixed legal concept. What it means depends on the content of the TKO. The objective is for a developer to deliver a building to an investor that is fully ready for use. " Schlusselfertig " as the Germans say, or " clé a main " in French. It is a hybrid of a purchase agreement and a construction contract. Is the entire purchase price paid upon delivery, or is payment based on a schedule? Is the sale based on a fixed price or a gross initial yield? What are the obligations of the developer and the investor? What agreements are made with the tenant? What guarantees are conceivable? What securities can be required? A TKO is an important contract. It is a tool the developer can manage. It requires a customized approach and a thorough understanding of the construction process. We have extensive experience with TKOs. We were involved in the largest office development in the Netherlands, where a developer sold a fully leased office building to a German investor who tried to transfer as much risk as possible to the developer.

When selling real estate, you strive to maximize your revenue. This revenue maximization is achieved by aligning supply and demand as effectively as possible. You can do this by peddling the property, negotiating one-on-one with a potential buyer, but you can also consider a voluntary auction or a controlled auction . There are various types of auctions. You can organize an open auction, where you invite buyers to respond through an advertisement, for example. Or you can consider a closed auction, where you invite only a limited number of potential buyers to register. A successful auction depends on strict direction, a streamlined organization, and excellently prepared sales documentation. The sales documentation explains how the buyer can research the property, when a bid must be submitted and what formal requirements it must meet, what the right of deliberation entails, when the contract is awarded, and how and when delivery takes place. We often use this approach. If you'd like to weigh the pros and cons with your real estate agent and/or us before choosing your next move, let us know. Been there. Done that.

As an entrepreneur, you want to focus on your business. And not be distracted by side issues. The quality of your business is important to you. This is partly determined by the quality of the business premises and its surroundings. If a property is part of a business park, it's essential that it's well-managed to maintain or improve the quality of the business park. Good park management contributes to the property's value retention and leads to cost savings.

In the Netherlands, we have over 4,000 business parks. Some very good ones, and some very bad ones. With good (outsourced) park management, the quality of the park can be improved. Common park management activities include: management and maintenance of public spaces, signage, collective security, joint waste collection and processing, joint energy purchasing, sharing of cable infrastructure, and communication. But it can go much further. Think of cleaning services, fire extinguisher maintenance, roof inspections, solar panels, etc. It often takes the form of a public/private partnership. What is the municipality responsible for, and where do the responsibilities lie for market parties?

To ensure the quality of park management, you naturally want to keep everyone on board and committed. How do you do that? How do you structure it legally? Is a cooperative the most suitable structure, or would it be better to divide the entire site into condominiums and form a joint owners' association that contributes to the costs of the common areas? Would a joint ownership offer a solution, or is a perpetual clause with a penalty clause sufficient? It depends. We're happy to discuss this with you and help you find the best solution in your circumstances. We can also connect you with professional organizations that handle park management for the various owners.

We assist private and institutional investors initiating investment initiatives in commercial real estate (residential, retail, office, healthcare, and parking) in the Netherlands and abroad. We help draft the prospectus, develop the corporate structure, manage the acquisition and financing of the assets, and contribute to a smooth funding and closing process. We have contributed to transactions with a total investment volume of several billion euros.

Investors with large residential portfolios are constantly dealing with rental properties that become available for sale. For these investors, it's convenient if the transfer of ownership to buyers can be handled in a structured manner by a single notary who understands the investor's working methods and culture, is familiar with the local situation, and can easily welcome buyers to their office.

We assist developers and builders with new-build housing projects and organize the delivery of the homes purchased by buyers under the purchase/construction agreement for the parties.

Do you want to invest in real estate? Directly, indirectly, or in a hybrid way. Alone or with others. A single property or entire portfolios. Shops, offices, or homes. In a specific region. At a specific location. Or do you want to be a real estate entrepreneur? Developing independently or through a delegated approach. From initiative to design. From realization to operation. Densification. Sustainable. We know the ropes. We understand the market. We identify pitfalls. MAES Notarissen guides purchase and sale processes, lease and rental transactions, and project development. We perform due diligence , project management, conduct negotiations, structure the deal , and take care of the underlying legal documentation from signing to closing .

We often provide legalizations, apostilles, and subsequent legalizations for individuals, companies, and other organizations. We serve corporate law, real estate, and family law. A legalization is a declaration from a notary stating that you signed a document in the presence of that notary or an employee of their office, and that you identified yourself with a valid ID. This confirms the authenticity of the signature. The declaration is often a sticker or stamp on the document.

Apostille and legalization

Legalization is often sufficient. However, if you intend to use a document abroad, you must ensure that the document (for example, an extract from the population register) is recognized as an official document abroad. It's important to check whether the country where you intend to use the document is a signatory to the Apostille Convention. If so, the document must be apostilled. If the country is not a signatory to the Apostille Convention, you must have the document legalized. We can arrange the apostille or legalization for you. We will then present the document we have legalized to the court. The court can only apostille or legalize the document if it contains an original signature and this signature has been registered in the national signature database. Signatures legalized by us are usually apostilled by the court quickly and without delay. You pay court fees to apply for an apostille or legalization at the court. Payment options vary by court. You will receive the apostille or legalization after you have paid the court fee.

Additional legalization

Sometimes a country requires additional legalization. Therefore, always inquire with the consulate or embassy of the country in question.

What do you need to do to get legalization?

Our hostesses are available at the Hospitality Desk during office hours and will be happy to assist you immediately upon arrival. Please call ahead to schedule your arrival so we can ensure we can assist you immediately upon arrival. Bring the power of attorney or declaration you received to our office. Don't forget your valid ID and only sign your signature at our office in the presence of a staff member. Once your signature has been signed at our office, you don't always have to wait for the legalization process. We can arrange for the original legalized document to be sent to the agency that requested your signature the same or the next day. We will send you a digital copy for your records.