Legal questions about leasehold and bankruptcy

Questioner

I own a chalet on a recreation park. The land of that park is owned by the municipality in which that park is located. The municipality has leased that piece of land to an operator by means of a leasehold agreement. According to the leasehold agreement, the operator may sublease or lease 'the land' to third parties. In this way, I have leased the land on which my chalet is located from the operator. In the leasehold agreement, the municipality grants the operator the right of superficies. My question now is: if the operator of the recreation park were to go bankrupt, can his creditors seize the chalets? Can so-called accession now take place?

Lawyer

If the leaseholder goes bankrupt, a sublease right will lapse unless the owner has agreed to the establishment of the sublease right in the notarial deed establishing the sublease right. see civil code art 5:93 Article 93 1. The leaseholder is authorised to sublease the property on which the leasehold right rests, in whole or in part, unless otherwise provided in the deed of establishment. The subleaseholder shall not have any more powers with respect to the property than the leaseholder has with respect to the owner. 2. The sublease shall lapse at the end of the lease, unless it ends by mixing or assignment. The owner may exercise the right of lease free of sublease for the rent due in respect of the lease. The provisions of the previous sentences of this paragraph shall not apply if the owner has declared in a notarial deed registered in the public registers that he agrees to the establishment of the sublease. the text of the notarial deed is therefore decisive for answering your question.

Questioner

Unfortunately, you may not have understood my question completely. The most important thing about my question is; if the operator of the recreation park were to go bankrupt, his creditors could seize the chalets. Can so-called accession now take place? As for the sublease. That is regulated in the notarial deed which is in my possession.

Lawyer

so the deed of sublease contains the consent of the municipality? if this is not the case, the right of (sub)leasehold lapses in the event of bankruptcy of the operator. The land then becomes fully available to the municipality again and the chalet then indeed becomes, as a result of accession, strictly formally also the property of the municipality.