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How does superficies on part of plot work? Part of a plot (the property) may be subject to a building lease. When using his property, the landowner will have to take into account the (property) rights of the person who has a right of superficies (building contractor). Find out in this article how this works exactly.
The notarial deed of establishment may impose restrictions on the claimant to use, install and remove buildings, works and plants. (5:102 BW). Thus, it can also be agreed that only part of the plot encumbered with building rights will be used by the claimant. Often a drawing is attached to the deed indicating that specific part.
Thus, it can be agreed that a building lease right is established for utilities but that only a part of the encumbered plot may be used for this purpose. For example, a strip of land 100 meters long and two meters wide. Find out more about building rights for utilities in our article.
A building and planting right, also known as a right in rem, allows you to own or obtain ownership of buildings, plants or other things in or on someone else's real estate. The establishment of a building and planting right was and is often used for the installation and maintenance of utilities. Want to know more about building rights? Then read the knowledge article about building rights.
An important feature of Dutch law is the dichotomy between movable and immovable property (3:3 BW). Land is an immovable property. However, buildings, cables, pipes and plants that are permanently united with this land are also considered immovable.
The law also states that ownership of the land also includes the buildings and works present on or in this land. In practice, this means that when you build a house on someone else's land, for example, this house becomes the property of the landowner. This is called "netting" (5:20(1) jo 3:3 jo 5:3 BW).
To prevent this accession, a building lease must be established. The building and planting rights prevent the landowner from becoming the owner of a dwelling or other property built on the land. The ownership of the property is separated from the ownership of the land.
In principle, a building and planting right arises when a notary is appointed to draw up a notarial deed. The notary then takes care of registration in the public registers. The public registers can be accessed through the 'Kadaster'.