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What is an easement?

An easement (erfdienstbaarheid) is a burden on a plot for the benefit of another plot with a different owner, such as a right of way for the neighbour or a ban on building. It belongs to the plot and passes to the buyer on a sale. You find it in the title deeds, but a visible easement can also arise without a deed.

What the law says

The Civil Code defines an easement as a burden on a property, the servient land, for the use and benefit of someone else’s property, the dominant land. It consists of a duty to refrain from a certain use, or to allow a certain use. An easement is visible if it shows through lasting works or through regular activity that leaves traces on the servient land.

Party ownership (mandeligheid) is not an easement. It is compulsory co-ownership of a dividing wall, a hedge, a ditch or a fence; it is presumed on the boundary. Nuisance between neighbours is also separate from easements.

A purchase involves other points too, such as the pre-emption right and finding the owner of a plot. What a report on an address costs is listed under Perceelscan pricing. You can work out the taxes on a purchase for free with the registration duties calculator and the property tax calculator.

Examples

How an easement arises and ends

An easement arises:

It ends after thirty years of non-use, to be proven by the owner of the servient land; by merger, when both plots come to have the same owner; or by the court, when it has lost all usefulness. The owner of the servient land may also ask for it to be moved, if he has an objective interest and the new location is equally usable.

How to find one

Deeds that create an easement are registered with the Legal Certainty office of the Federal Public Service Finance. Without registration, they cannot be enforced against third parties acting in good faith. A court ruling that sets a right of way is also registered. So read the seller’s title deed and the earlier deeds, in the section on easements.

For cables and pipes, KLIP, the cable and pipe information portal run by Athumi, brings together the plans of the network operators. A request is required before you carry out any groundwork.

What does this mean if you are buying a house?

An easement is a right in rem of use: it goes with the plot, including to you. It can limit your plans, for example if you must keep a passage clear. If you buy the dominant land, you may carry out the necessary works, at your own expense.

‘It is not in the deed’ therefore does not mean ‘there is none’.

What the Perceelscan shows

For each address, the Perceelscan shows, from public registers:

It does not show easements: private easements are recorded in deeds, not in the public registers the Perceelscan reads. Nor does it show owners, not even a neighbour with a right of way. Ask the seller for the deeds; the notary checks them.

Sources

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