Legal Tips for Chalet Households
Questioner
We want to place a chalet on a campsite. We rent the place. What if the campsite goes bankrupt?Lawyer
The chalet is your property and not the camping's. You rent a piece of land, where the chalet is located. I would like to point out the general terms and conditions of the camping, perhaps something else is described here. Read these very carefully in advance.Lawyer
If the chalet is connected to the sewerage and utilities, it is intended to 'apparently remain in place'. In such a case, the chalet is immovable and, as a result of accession, is legally owned by the owner of the land (i.e. the campsite). The statutory accession rule cannot be overridden by general terms and conditions. In the event of bankruptcy, the trustee can successfully invoke the accession rule. There are known cases from practice in which the trustee actually proceeded to sell the chalets (for example 'De Braakman' in Zeeuws Vlaanderen). Due to these bankruptcies, the sale of more expensive chalets threatened to collapse a few years ago, which is why many campsites now offer the option of establishing a supplementary leasehold building right. This is done by means of a notarial deed that is registered in the land registry. This breaks the statutory accession rule and the owner of the chalet has no problems in the event of bankruptcy of the campsite. Some parks also offer the option of obtaining the site on a leasehold or in ownership. Chalet dealers are familiar with this problem and also know which campsites offer the option of establishing a rent-dependent building right or purchasing the site.Neem de volgende stap
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