Recording a statute of limitations | Rechtswinkel.nl
Questioner
I will soon receive a deed of (liberating) prescription of a piece of land from the municipality. Now I have to have it recorded by a notary for the land registry. It is not mandatory, but what happens if I want to sell my house? Is the deed of limitation transferable to the buyers and can they then register it with the land registry? If not, is there a deadline for me to have it recorded by a notary? The intention is to sell my house in about 3 or 4 years and move to a rented home. The notarial costs are not feasible for me at this time.Lawyer
You can transfer it under conditions, but you must be careful when transferring that the new law does not apply to the new owner. Drawing up a notarial deed is not a legal basis for this. The consequence of this is that when consulting the public registers, it is not known to third parties who the actual owner of the relevant piece of land is, because no notarial deed has been drawn up and registered in the public registers. And that will cause a problem with the transfer. Another consequence for you as owner is that when you proceed to sell a piece of land, including the part that you have acquired ownership of by prescription, the transfer and delivery of the part acquired by prescription may cause problems because this part is not registered as your property in the public registers. Therefore, I advise you to arrange this in good time before the sale of the house. Please feel free to contact me for further information.Questioner
Thank you for your response. I understand from this that I do not have to have it notarized yet, but I do have to do so before I put my house up for sale, so that it is then recorded in the land registry.Lawyer
Yes, that is correct. You do need to be careful that the municipality does not prematurely stop the case. Explanation ; The interruption (termination) of a current limitation period is regulated in Article 3:316 et seq. of the Dutch Civil Code. Article 3:317 paragraph 2 of the Dutch Civil Code applies to the interruption of a current prescription of a piece of land taken into possession. On this basis, the municipality must interrupt the prescription by sending a written reminder to the citizen and within six months institute an interruption act such as a recovery action with the court. Sending just a letter is therefore not sufficient to interrupt a current limitation period, but must be followed by an act of interruption within six months. A current prescription can also be interrupted by acknowledgement by the possessor of the property of the municipality. This can be done in so many words, in writing or orally, but it is not necessary that the right of ownership is explicitly acknowledged.Questioner
Thank you for your response. I have not yet received the certificate of limitation. I understand from the municipality that I will be sent a form that I have to sign and return. So now I am waiting for that. How do I find out that they will possibly prematurely interrupt a current limitation period? I assume that they will inform me about this, so that I can still take measures and go to a notary? Is there a specific time limit for this?Lawyer
If the municipality has promised to cooperate in a deed of liberative prescription, it can be inferred that the prescription period has expired. After the prescription period has expired, it can no longer be interrupted, regardless of whether the prescription has been processed in the land registry or not. However, I agree with Mr Groenewegen that it is wise not to postpone the processing in the land registry but to arrange it now. If the cadastral registration has not been arranged before the sale of your home, this will then be a sales impediment and a price-reducing factor.Neem de volgende stap
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