Limitations

1.    Are all legal rights in property capable of registration in your system? If not please state the legal rights or interests in land that must be investigated outside of the registration of title system i.e. those that could bind a bona fide purchaser for value without notice without registration?

All legal rights that are relevant for the legal status of the property (is not the same as: for the proprietors) are capable of registration in the Netherlands (article 3:17 Civil Code).

But: with a lot of rights there is no obligation to register. However, not registering does most of the times means that there’s no third-party effect.

• Is it possible to create property rights different from the ones regulated by the law? – numerus clausus principle vs numerus apertus principle- (EU Adapt project)

No, it is not possible. The closed nature of the Dutch property law system is made up of several deriving legal provisions. Four types can be distinguished: first the articles concerning the number of types of property rights (Typenzwang), secondly the legal provisions on the content of the legal types of property rights (Typenfixierung), thirdly, the provisions on the transferability of property rights, and fourthly, the legal rules on the modes of establishment and extinction of property rights. Article 81 of book 3 of the Dutch Civil Code stipulates: “He who is entitled to an independent and transferable right can establish the limited rights referred to in the law [curs. JV] within the limits of that right.” The old Dutch Civil Code (in force until 1992), in art. 584 contained a catalog of rights in rem. In the current Dutch Civil Code (in force since 1992) there is no list of property rights in the general property law part of the new code. Only the 8th book of the ‘new’ Civil Code contains three articles that provide an exhaustive list of the rights in rem to registered seagoing and inland vessels and aircraft respectively.

• Are there limitations imposed on parties when it comes to the creation of new and unknown property rights? (EU Adapt project)

Yes. Please see the answer to the previous question: there is no legal possibility to create a new or unknown property right (Typenzwang). There is but one exception: foreign rights in rem that are mentioned in a (European) certificate of successions. In accordance with Regulation 650/2012 these certificates have to be accepted and the foreign rights have to be adapted to national law.

2.    To whom does responsibility for investigation of such rights apply?

Not applicable, see answer 1.

3.    What protection if any is available to parties who are bound by property rights that are not capable of being recorded on the title registration system? (For example “hidden rights” such as certain easements that may run with land without a legal requirement for registration).

Not applicable, see answer 1.

4.    Are the boundaries conclusive in the registration of title system? If not, are they guaranteed by another state agency/government department/authority?

The boundaries are not conclusive in our registration system. However when there is a boundary conflict the court will assume that the cadastral boundary is the legal boundary, but there is still the possibility for parties to proof the contrary.

5.    How does an aggrieved party remedy any boundary error?

An aggrieved party can go to court and ask a declaration of the court that the legal boundary is different to the cadastral boudary