Restricted real rights are rights such as ground leases, rights of superficies, easements, mortgage loans and apartment rights. These restricted real rights can only be established by means of a notarial deed.

In the case of a ground lease it may involve the allocation and conversion of the leasehold or drawing up the conditions under which the ground lease is issued. Consultation with the municipality about a municipal leasehold may also be necessary.

These days, rights of superficies comprise more than the classical right of superficies alone which concerns the separation of the ownership of buildings and land. For example, today large technical equipment may also be subject to the right of superficies. The latter form also frequently occurs in a sale-and-leaseback arrangement.

Establishing easements is necessary where statutory rights and duties between neighbours are crossed. These easements range from a right of way to more complicated variants, where specific easements are established to fit the actual situation.

In all the above situations concerning restricted real rights, CMS Derks Star Busmann can draw up the necessary notarial deeds for you, hold consultations with the various parties involved and arrange for registration in the public registers.