For entrepreneurs and owners who want to safely buy, transfer, and protect land and buildings.
Real estate law revolves around the ownership of land and buildings: buying and selling, transfer, easements, and limited rights such as leasehold and building rights. Our lawyers and in-house counsel assist international corporations and real estate investors as well as the local entrepreneur — with practical and legally sharp expertise.
Real estate lawyers and in-house counsel 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: ownership, purchase, transfer, easements, and limited rights.Practical specialist legal assistance for entrepreneurs.
Specialist real estate advice 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 within Real Estate
Real estate law revolves around the ownership of land and buildings: buying and selling, transfer, easements, and limited rights such as leasehold and building rights. Our lawyers and in-house counsel assist international corporations and real estate investors as well as the local entrepreneur — with practical and legally sharp expertise.
Liabilities for defective construction
With our broad expertise in real estate, we serve clients in diverse sectors. We provide legal advice to SMEs, as well as listed companies and international enterprises. Our services are characterized by high quality, specialization, and reliability. We guide organizations through real estate projects and advise on real estate assets.
A bank guarantee provides the seller with assurance that the buyer will fulfill their obligations. Our lawyers and in-house counsel advise buyers and sellers on issuing, invoking, and contesting a bank guarantee in real estate transactions.
Assistance with the purchase and sale of real estate
From purchase agreement and due diligence to transfer at the notary: we guide the purchase and sale of real estate, for the international corporation and the baker on the corner.
From construction contracts and additional work to handover, defects, and arbitration: our mixed teams of lawyers and in-house counsel assist you with every construction law matter. For the international corporation and for the baker on the corner.
Do you wish to dissolve a purchase agreement for a home or commercial property, or are you facing a dissolution? Our lawyers and in-house counsel assess your position and draft the correct dissolution declaration – from international corporations to the baker on the corner.
Need to divide a parcel cadastrally and arrange it legally correctly? Our lawyers and in-house counsel guide you through the division, the permit, easements, and the transfer. From international real estate conglomerates to the baker on the corner.
From international corporations to the baker on the corner: we assess your timeshare, safeguard your cooling-off period and right of withdrawal, and assist you in disputes with providers – in the Netherlands and abroad.
You cannot simply evict a tenant who fails to pay or causes a nuisance. MKB Juristen guides landlords through the entire eviction procedure: from formal notice and termination to summary proceedings and eviction.
Real estate law revolves around the ownership of land and buildings and everything associated with it: purchase and sale, transfer, limited rights such as leasehold and building rights, easements, and disputes regarding property boundaries and defects. According to Article 3:3 of the Dutch Civil Code, immovable property is the land with everything permanently attached to it, such as buildings and vegetation. The right of ownership itself is the most comprehensive right that a person can have over a thing (Article 5:1 of the Dutch Civil Code).
Our lawyers and in-house counsel assist both international corporations and the entrepreneur around the corner — from a real estate investor with a portfolio of commercial properties to the baker who wants to buy the building next door. Approachable and practical, yet legally sharp.
Purchase and delivery of real estate
The transfer of real estate involves two things: the purchase agreement and the legal transfer. For a valid transfer, a valid title, the power of disposition, and an act of delivery are required (Article 3:84 of the Dutch Civil Code). Real estate is registered property (Article 3:10 of the Dutch Civil Code); the transfer takes place by means of a notarial deed that is registered in the public registers (Article 3:89 of the Dutch Civil Code). Until that moment, you are not the owner, even though the sale has already been concluded. We assist the buyer and seller with the preliminary agreements, the conditions in the purchase agreement, and coordination with the notary.
Defects after the purchase: non-conformity
If, after the purchase, the property turns out not to meet your expectations — hidden defects, a leaking roof, soil contamination, or a non-standard surface area — this may constitute non-conformity. The delivered item must conform to the agreement (Article 7:17 of the Dutch Civil Code). Whether the seller is liable depends on the duty to disclose and investigate, as well as any warranties and exonerations in the purchase agreement. We will assess your position and choose between repair, a price reduction, compensation, or rescission.
Easements, leasehold and building rights
In addition to full ownership, the law recognizes limited rights to immovable property. An easement is a burden by which a property is encumbered for the benefit of another property, such as a right of way (Article 5:70 of the Dutch Civil Code). Leasehold grants the right to hold and use another person's immovable property (Article 5:85 of the Dutch Civil Code), and a right of superficies grants the right to have buildings or structures in, on, or above another person's land (Article 5:101 of the Dutch Civil Code). In the case of shared ownership of, for example, a wall or boundary fence, co-ownership applies (Article 5:60 of the Dutch Civil Code). We establish, modify, or terminate these rights and resolve disputes regarding them.
Property boundaries, prescription, and neighbor law
Disagreements regarding property boundaries, fences, overhanging vegetation, or a piece of land that has been in use for years are common. Anyone who has possessed property for an extended period, whether in good or bad faith, may under certain circumstances become the owner through prescription (Article 3:105 of the Dutch Civil Code, in conjunction with the prescription period of Article 3:306 of the Dutch Civil Code). We map out the factual and legal boundaries, involve the Land Registry where necessary, and choose between consultation, a boundary determination, or legal proceedings.
Chain clauses and qualitative obligations
In the transfer of real estate, obligations are frequently stipulated that subsequent owners must also fulfill. A qualitative obligation can pass to the subsequent owner through registration in the land registers (Article 6:252 of the Dutch Civil Code); a chain clause binds by means of a pass-on obligation with a penalty. We draft these clauses, verify whether they have been validly passed on, and enforce or contest them where necessary.
Real estate, property law, or property law?
This page focuses on the ownership of real estate: purchase, transfer, easements, and limited rights. If your question primarily concerns tenancy, construction, and project development, please visit our real estate law page. If the matter involves broader business rights, securities, and retention of title, you will find more information on the property law. If you are unsure which approach is appropriate, please discuss your situation briefly with us first.
Real estate for SMEs and corporations
The top end of the market often focuses solely on large investors and corporations; some firms even work exclusively for business clients and not for the smaller entrepreneur. We do things differently. Our mixed team of lawyers and in-house counsel assists both the international corporation and the baker around the corner. For drafting a purchase agreement or reviewing a deed of transfer, a legal expert often suffices; in the event of litigation, we engage a lawyer.
What we help with
From drafting a purchase agreement to resolving a boundary dispute — our lawyers and legal experts support you in every area of real estate law.
Drafting and reviewing real estate purchase and sale agreements
Assistance with delivery and coordination with the notary (Article 3:89 of the Dutch Civil Code)
Advice and disputes regarding non-conformity and hidden defects (Article 7:17 of the Dutch Civil Code)
Establishing, amending, and terminating leasehold, building rights, and easements
Disputes concerning property boundaries, prescription, and neighborhood law (Article 3:105 of the Dutch Civil Code)
Chain clauses and qualitative obligations (Article 6:252 of the Dutch Civil Code)
Joint ownership and shared boundary fences (Article 5:60 of the Dutch Civil Code)
Court proceedings concerning ownership, delivery, and defects
When do you engage this team?
Often, there are already issues at play before legal matters arise. The sooner you involve us, the more options you retain. If you recognize any of these situations, seeking advice is advisable.
You are buying or selling commercial property, land, or other real estate
In real estate law, your starting position determines the outcome. Before we send a letter or initiate proceedings, we map out the purchase agreement, the deed of transfer, the land registers, and the facts. This allows us to choose the route—negotiation, a settlement, or proceedings—that best serves your interests, rather than taking just any step.
Our approach
From question to solution in four steps.
1
Intake
We discuss the property, the transaction or dispute, and your objective, and review the purchase agreement and deed of transfer.
2
Analysis
We assess your position against the Civil Code and the documents, and map out opportunities and risks.
3
Strategy
We choose the route — advice, negotiation, settlement, or proceedings — and the involvement of a lawyer or legal expert.
4
Execution
We execute: from drafting deeds and clauses to litigating in court.
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.
Real Estate Specialists
Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.
Our team of corporate counsel and lawyers are specialists in the field of real estate. We advise project developers, real estate investors, and real estate agents alike. We also assist a variety of organizations with environmental law issues or disputes in the real estate sphere. We have extensive experience at the negotiating table, are decisive, and can make sound assessments of opportunities and risks. Furthermore, we have extensive experience in conducting various litigation proceedings.
Frequently asked questions about real estate
The questions entrepreneurs and owners ask us most often.
When do I become the owner of a purchased property?
Only after delivery. For the transfer of real estate, a valid title, the power of disposition, and delivery are required (Article 3:84 of the Dutch Civil Code). Delivery takes place by means of a notarial deed which is registered in the public registers (Article 3:89 of the Dutch Civil Code). Until that moment, you are not yet the owner, even though the purchase has been concluded.
What can I do about hidden defects after the purchase?
The goods must meet what you were entitled to expect under the agreement (Article 7:17 of the Dutch Civil Code). In the event of non-conformity, you may, under certain circumstances, claim repair, a price reduction, compensation, or rescission. The outcome depends on the duty to disclose and investigate, and any guarantees or exonerations in the purchase agreement.
What is an easement?
An easement is a burden by which a property is encumbered for the benefit of another property, such as a right of way (Article 5:70 of the Dutch Civil Code). The owner of the servient property must tolerate the use. Easements are in principle established by notarial deed, but can also arise through prescription.
Can a neighbor become the owner of my land through prescription?
That is possible. Anyone who has possession of an object for a long period of time can become the owner through prescription (Article 3:105 of the Dutch Civil Code, with the prescription period of Article 3:306 of the Dutch Civil Code). Whether this is the case depends on possession, the duration, and the circumstances. It is advisable to have this assessed in a timely manner before a situation becomes irreversible.
Do I need a lawyer or a legal expert?
That depends on your situation. For advice, drafting and reviewing purchase agreements, deeds, and clauses, and for negotiations, an in-house counsel is often sufficient. For proceedings before the court, a lawyer is mandatory. Our firm has both in-house and determines together with you what is most suitable.
Is this team also for small business owners?
Yes. We assist international corporations and real estate investors as well as the local entrepreneur. Especially when dealing with a single property or plot of land, a sound purchase agreement and a verified deed of transfer prevent major problems later on.
Discuss your situation with a real estate specialist.Our real estate lawyers and legal experts help large real estate investors and corporations as well as small business owners. Schedule a meeting and know where you stand within a single session.
