For entrepreneurs who want to legally structure and enforce their securities, property, and business rights in a strong manner.
Property law governs the rights to your assets — ownership, possession, and real rights such as pledge, mortgage, and retention of title. These rights are effective against everyone, including the bankruptcy trustee, and determine whether you receive payment. Our lawyers and in-house counsel assist both international corporations and the local entrepreneur: practical and legally astute.
Lawyers and in-house counsel in property law in one team.Practical specialist legal assistance for entrepreneurs.
Active for SMEs and corporates — from large corporations to the baker on the corner.Practical specialist legal assistance for entrepreneurs.
Core themes: retention of title, pledge, mortgage, and securities.Practical specialist legal assistance for entrepreneurs.
Specialist advice on property law from €155 per hour excl. VAT.Clarity regarding the process, approach, and next steps.
We worked for, among others:
We worked for, among others:
Expertise in Property Law
Property law governs the rights to your assets — ownership, possession, and real rights such as pledge, mortgage, and retention of title. These rights are effective against everyone, including the bankruptcy trustee, and determine whether you receive payment. Our lawyers and in-house counsel assist both international corporations and the local entrepreneur: practical and legally astute.
Apartment rights
From deed of division and regulations to disputes within the Homeowners Association: MKB Juristen assists HOA boards and individual owners with mixed teams of lawyers and (corporate) legal counsel.
Who is the possessor, who is the holder, and who is the owner? Our lawyers and in-house counsel answer that question and assist you in disputes concerning possession and ownership, from international corporations to the baker on the corner.
An easement is a burden on one property for the benefit of another, such as a right of way or a right of passage. MKB Juristen advises and litigates on establishment, prescription, modification, and termination – for the international group as well as the baker on the corner.
From ground rent and ground rent revision to termination and the end of the leasehold: our lawyers and in-house counsel assist landowners and leaseholders. From international corporations to the baker on the corner.
From the establishment of a right of superficies to disputes regarding fees, termination, and compensation: our mixed team of lawyers and in-house counsel assists you. From international corporations to the baker on the corner.
With our broad expertise in property law, we serve clients in diverse sectors. From SMEs, listed companies, and international enterprises to (semi-)governmental bodies and non-profits. We offer legal advice at all levels, from the boardroom to individual stakeholders. Our services are characterized by high quality, reliability, and in-depth specialization.
With our broad expertise in property law, we serve clients in diverse sectors. From SMEs, listed companies, and international enterprises to (semi-)governmental bodies and non-profits. We offer legal advice at all levels, from the boardroom to individual stakeholders. Our services are characterized by high quality, reliability, and in-depth specialization.
Registered properties require precision: without a proper notarial deed and registration, the transfer cannot take place. Our lawyers and in-house counsel guide you from purchase to delivery and assist you in disputes.
Usufruct grants the right to use the property of another and to enjoy the fruits thereof. Our lawyers and in-house counsel advise on establishment, bare ownership, rights and obligations, and assist you in disputes, for corporate groups and small business owners.
Property law governs the rights you can have over an asset: ownership, possession, and limited (real) rights such as pledge, mortgage, usufruct, and easement. Unlike the law of obligations, which governs agreements between parties, property rights are effective against everyone—including the bankruptcy trustee. That is precisely why properly arranged security is the difference between getting paid or not.
Our lawyers and in-house counsel assist international corporations as well as the baker around the corner: from structuring a watertight retention of title clause to enforcing a pledge. Practical, with the law in hand, and without unnecessary jargon.
Ownership, possession and delivery
Ownership is the most comprehensive right you can have over an object (Article 5:1 of the Dutch Civil Code). For the transfer of ownership, three requirements are needed together: a valid title, the power of disposition, and an act of delivery (Article 3:84 of the Dutch Civil Code). You deliver movable property by granting possession (Article 3:90 of the Dutch Civil Code), while registered property, such as immovable property, is transferred by a notarial deed and registration (Article 3:89 of the Dutch Civil Code). If your concern is specifically the purchase, delivery, and ownership of immovable property, please visit our real estate; here, the focus is on proprietary rights and securities in a broad sense.
Retention of title: your most important security upon delivery
With a retention of title clause, you remain the owner of the delivered goods until the buyer has paid in full (Article 3:92 of the Dutch Civil Code). If the buyer fails to pay or goes bankrupt, you can reclaim the goods as the owner (revindication, Article 5:2 of the Dutch Civil Code). The reservation is not a statutory right but a contractual agreement: it must be agreed upon in advance, validly and clearly — in the purchase agreement or in timely agreed terms of delivery. We draft this clause correctly or review your existing terms of deliveryso that the clause holds up when it matters.
Pledge and mortgage: priority security
Pledge and mortgage are limited rights that grant you the right to recover your debt from an asset with priority over other creditors (Article 3:227 of the Dutch Civil Code). On registered property, this is called a mortgage; on all other assets—inventory, machinery, receivables—a pledge right (Article 3:227 of the Dutch Civil Code). In the case of movable property, there is the possessory pledge, whereby the asset passes out of the pledgor's control (Article 3:236 of the Dutch Civil Code), and the non-possessory pledge, established by authentic or registered private deed (Article 3:237 of the Dutch Civil Code). In the event of default, the pledgee and mortgagee may proceed to sell the asset themselves (summary execution, Article 3:248 of the Dutch Civil Code) and is considered a secured creditor in bankruptcy (Article 57 of the Dutch Bankruptcy Act), as if there were no bankruptcy.
Right of reclamation and right of retention
If you have not stipulated a retention of title clause, the law offers two safety nets. With the right of reclamation, you can reclaim a delivered, unpaid movable asset by means of a written declaration (Article 7:39 of the Dutch Civil Code), provided this is done within the short limitation periods of Article 7:44 of the Dutch Civil Code. The right of retention gives you the authority to hold an asset belonging to your debtor until he pays (Article 3:290 of the Dutch Civil Code) — strong, but subject to strict conditions. We will assess which right leads to a result most quickly and certainly in your situation.
Limited rights: usufruct and easement
In addition to security rights, property law recognizes rights of enjoyment. Usufruct grants the right to use another's property and to enjoy the fruits thereof (Article 3:201 of the Dutch Civil Code), frequently used in business succession and estate planning. An easement is a burden by which immovable property is encumbered for the benefit of another, such as a right of way (Article 5:70 of the Dutch Civil Code). We establish, assess, and terminate these rights and resolve disputes regarding them.
Property law for SMEs and corporations
The top end of the market often focuses on large financing corporations and large corporations. Not us: our mixed team of lawyers and in-house counsel assists both international corporations and local entrepreneurs. Whether you want to water down your terms of delivery or need to enforce a disputed pledge — accessible and practical, yet legally sharp, with the full force of the Dutch Civil Code on the table.
Is a bankruptcy already underway?
If it concerns the recovery of assets from a bankrupt customer, a conflict with the trustee regarding your security, or the enforcement thereof, please also consult our insolvency law. This page focuses on the security itself: property law and how to properly structure it in advance.
What we help with
From making your securities watertight to enforcing them — our lawyers and legal experts support you in every area of property law.
Drafting and reviewing a retention of title clause (Article 3:92 of the Dutch Civil Code)
Legally sealing off delivery terms and conditions
Establishment of pledge and mortgage rights (Articles 3:227, 3:236 and 3:237 of the Dutch Civil Code)
Enforcement of securities through summary execution (Article 3:248 of the Dutch Civil Code)
Invoking the right of reclamation and right of retention (Articles 7:39 and 3:290 of the Dutch Civil Code)
Revindication: reclaiming unpaid goods (Article 5:2 of the Dutch Civil Code)
Establishing or terminating usufruct and easements
Disputes concerning ownership, possession, and securities, including in bankruptcy
When do you engage this team?
Often, there are already issues at play before legal problems arise. The sooner you involve us, the stronger your position. If you recognize any of these situations, seeking advice is advisable.
You supply on credit and want to be sure that you get your goods back in the event of non-payment
In property law, your starting position determines the outcome. Before we recover an asset or enforce a security, we assess whether the right has been validly established, whether time limits are still running, and how strong your position is vis-à-vis other creditors and the trustee. In this way, we choose the route—revindication, execution, right of reclamation, or negotiation—that best serves your interests, rather than taking just any step.
Our approach
From question to solution in four steps.
1
Intake
We discuss your situation, the matters or claims, and your objective, and review your contracts and terms.
2
Analysis
We verify whether your security has been validly established, check the time limits, and map out your position vis-à-vis other creditors.
3
Strategy
We choose the route — revendication, execution, right of reclamation, or negotiation — and the involvement of a lawyer or legal expert.
4
Execution
We execute: from drafting a binding clause to recovering assets or litigating.
Mr. Jaime BoogaersCorporate Law · Lawyer
In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.
Specialists in Property Law
Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.
All our legal experts and lawyers possess broad knowledge of property law. In addition, they have specialized in one or more areas of focus within private law. We have organized several areas of focus into various practice groups. Based on his or her specialization(s), each lawyer is part of one or more practice groups. Clients can go directly to the appropriate practice group for each case. Here, they are assisted by the lawyer or legal expert most suitable for the case. Where necessary, we draw upon the expertise and experience of our specialist colleagues from other practice groups.
Frequently asked questions about property law
The questions entrepreneurs ask us most often.
What is the difference between property law and contract law?
Property law concerns rights to an asset (ownership, possession, pledge, mortgage) that are effective against everyone — including a bankruptcy trustee. Contract law concerns agreements between parties that apply only between those parties. A retention of title is therefore stronger than a bare claim: you remain the owner until you are paid.
How do I arrange a valid retention of title?
A retention of title (Article 3:92 of the Dutch Civil Code) is a contractual agreement and not an automatic right. It must be agreed upon in advance, validly and clearly, in the purchase agreement or in the terms and conditions of delivery provided in a timely manner. If this is done properly, you can reclaim unpaid goods, even in the event of the buyer's bankruptcy.
What is the difference between a possessory pledge and a non-possessory pledge?
In a possessory pledge, the object passes from the control of the pledgor into the actual control of the pledgee or a third party (Article 3:236 of the Dutch Civil Code). In a non-possessory pledge, the pledgor retains the object, but the pledge is established by authentic or registered private deed (Article 3:237 of the Dutch Civil Code). Both grant the right to summary execution (Article 3:248 of the Dutch Civil Code) and secured creditor status in bankruptcy.
Do I need a lawyer or a legal expert?
That depends on your situation. For advice, drafting or reviewing terms of delivery, a pledge agreement or retention of title, and for negotiations, an in-house counsel is often sufficient. For proceedings before the court, a lawyer is mandatory. We have both in-house and determine together with you what is appropriate.
What can I do if my customer goes bankrupt and hasn't paid yet?
It depends on your security. With a retention of title, you reclaim the goods as the owner. Without a reservation, you can sometimes still invoke the right of reclamation (Article 7:39 of the Dutch Civil Code) within the short limitation periods, or exercise a right of retention (Article 3:290 of the Dutch Civil Code). Acting quickly is crucial; the time limits are short.
Is property law also relevant for small business owners?
Yes. Especially for SMEs, well-arranged security makes all the difference in the event of non-payment. A comprehensive retention of title clause in your terms and conditions of delivery costs little and prevents significant damage if a customer fails to pay or goes bankrupt.
Discuss your situation with a property law specialist.Our property law attorneys and legal experts help both large companies and small business owners move forward. Schedule a meeting and know where you stand within a single session.
