Legal advice on purchase agreements and real estate rights


Questioner

Good afternoon, we want to buy an old farm. Now it suddenly appears from the concept deed of sale that according to the cadastral extracts there is a property right as referred to in article 5, section 3, under B, of the Obstructions Act Private Law, in favor of the municipality. According to the seller, there are pipes for utilities for the neighbors at the back. What does this mean if you own this plot? Are you allowed to plant a garden? Are you allowed to dig and break to remove old rubble and concrete? It's a bit of a shame that this monkey is now out of the sleeve, now that we have received the draft purchase agreement.

Lawyer

Well that is very common. Only there is a reporting obligation in case you are going to work in and on the ground so that you do not accidentally hit a main line for example and/or cause other damage.

Lawyer

Also check the deed in which the right is established and the associated general terms and conditions. It is common that it is included that you may not build on the strip, pave or plant it with deep-rooted plants, and that you must keep a 'working strip' free. There are many variations of these provisions; to know what is not possible/allowed here, the deed of establishment must be consulted. In this case, the seller is not subject to a reporting obligation because the buyer is expected to consult the land registry himself as part of his duty of investigation; the restriction is recorded in the land registry with the plot.

Neem de volgende stap

Blijf niet rondlopen met vragen over je situatie. Stel je vraag en krijg persoonlijk antwoord van een ervaren jurist.
Privacy is gewaarborgd.