Easements in the Property Title: Rights and Obligations of the Belgian Homebuyer
What if a neighbor holds a registered right of way over your driveway? Complete guide to easements, dominant estates, and servient tenements under the Belgian Civil Code.
Key Takeaways for Property Buyers
- An easement (erfdienstbaarheid / servitude) is a charge imposed on an immovable property (servient tenement) for the benefit of another parcel (dominant tenement) belonging to another owner.
- Easements run with the real estate, not the person. Selling the property does not extinguish an existing servitude.
- Common examples include rights of way for landlocked parcels, underground drainage and utility pipelines, and height restrictions.
- Always review the vendor’s original notarial acquisition deed to uncover historical covenants that estate agents fail to mention.
1. Categories of Servitudes Under the New Belgian Civil Code
Under Book 3 of the Belgian Civil Code (effective September 1, 2021), servitudes are divided into apparent servitudes (such as a paved pathway or exterior door) and non-apparent servitudes (such as buried pipelines or building height covenants).
Easements can arise through title (notarial deed), through acquisitive prescription (30 years of uninterrupted, peaceful possession for apparent easements), or by operation of law (such as the statutory right of way for an enclaved parcel).
2. What Must Appear in the Compromis?
The vendor is legally bound to disclose all known easements in good faith. The standard disclaimer found in boilerplate broker agreements ("sold with all active and passive easements without recourse against the vendor") represents a severe legal trap.
Insist on striking this disclaimer or require the seller to explicitly warrant that they have no knowledge of any easements other than those recorded in the title deeds.
Frequently Asked Questions
May I erect a driveway gate if my neighbor holds a right of way?
Yes, provided you give the neighbor unimpeded access (for instance, by supplying a physical key or remote opener). You must not diminish or obstruct the exercise of the easement.
Does an easement expire if it has not been used?
Yes. Under Art. 3.126 CC, an easement is extinguished through non-use over a continuous period of thirty consecutive years.
Relevant documents to request for this subject
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