Registered properties

Registered properties

Registered assets are assets for which registration in the designated public registers is required. Registration in the registers is necessary both for the establishment of a registered asset and for its transfer. Examples of registered assets are: real estate, ships, and aircraft.

We have the knowledge and expertise to assume diverse roles: from advice to dispute resolution. We have an experienced team of lawyers and legal experts in the field of real estate. Contact us to discuss the possibilities.

What are registered properties according to the law?

The statutory starting point is set out in Article 3:10 of the Dutch Civil Code (BW): registered immovable property consists of property for the transfer or establishment of which registration in designated public registers is necessary. This registration is not a formality after the fact, but a constitutive requirement: without registration, the transfer or establishment of a limited right simply does not take place, regardless of what the parties have agreed upon amongst themselves.

In practice, registered property primarily comprises immovable property (Article 3:3 of the Dutch Civil Code) such as land, homes, commercial properties, and the rights established thereon. Additionally, it concerns registered ships (Article 8:199 of the Dutch Civil Code) and registered aircraft (Article 8:1306 of the Dutch Civil Code). The public registers are maintained by the Land Registry; separate registers apply to ships and aircraft. This page is part of our main area of ​​expertise, Property Law, within which registered property forms the pivotal point between ownership, transfer, and security rights.

Transfer of registered property: title, delivery and power of disposal

For a valid transfer, three cumulative requirements apply pursuant to Article 3:84 of the Dutch Civil Code: a valid title (for example, a purchase agreement), a legally valid delivery, and the transferor's power of disposition. If one of these elements is missing, ownership does not transfer.

The transfer of registered property follows a specific procedure. Article 3:89 of the Dutch Civil Code (BW) prescribes that transfer takes place by means of a notarial deed drawn up between the parties specifically intended for that purpose (the deed of transfer), followed by registration thereof in the public registers. The deed must accurately state the title of transfer. Only at the moment of registration is the transfer completed and the acquirer becomes the owner. This makes the transfer and delivery of registered property fundamentally different from that of movable property, which simply changes hands.

Public registers, third-party protection and ranking

The public registers are not only informative but also protective. Those who rely on the registers are protected under certain conditions. Article 3:88 of the Dutch Civil Code protects the acquirer under certain circumstances against the transferor's lack of authority to dispose of the property, and Articles 3:24 through 3:26 of the Dutch Civil Code regulate the protection of those who rely in good faith on the content (or absence) of an entry. Moreover, the order of registration determines the rank: a right registered earlier generally takes precedence over a right registered later. This is particularly relevant in cases involving the concurrence of transfers, attachments, and mortgages. A thorough search of the registers prior to transfer is therefore not a luxury, but essential risk management.

Limited rights to registered immovable property

Limited rights can be established on registered property, which are themselves also registered property and arise through registration. Examples include pledge and mortgage rights as security rights (Article 3:260 of the Dutch Civil Code), but also easements, leasehold, building rights, and usufruct. In the case of multi-ownership, apartment rights a role. For each of these rights, establishment, modification, and termination only take effect against third parties after registration in the registers. We advise entrepreneurs, real estate owners, and financiers on the appropriate structure and the implications for security and operation.

Disputes concerning registered property

Not every transaction proceeds smoothly. We assist clients in disputes concerning non-conformity of real estate, hidden defects, disputed property boundaries, cancellation or change of priority of mortgages, and the concurrence of attachment and transfer. We also act in disputes regarding the interpretation or performance of the deed of transfer and in claims for registration or cancellation. Where possible, we resolve a matter through negotiation; where necessary, our lawyers litigate in court, including summary proceedings when speed is of the essence.

What MKB Juristen does for you regarding registered properties

At MKB Juristen, lawyers and in-house counsel work together in mixed teams. This means legal acumen at the level of complex real estate portfolios and international corporations, while simultaneously providing practical, affordable guidance for the smaller entrepreneur or local real estate investor. From reviewing a purchase agreement and conducting due diligence to structuring collateral and conducting litigation: we consider both legal and commercial interests. Feel free to contact us to discuss your situation without obligation.