Proprietorship (Section B)

  1. Proprietorship or class of title
    There can be the following classes of title, proprietorship of main rights:
    Main right / Primary real right: OWNERSHIP/ FREEHOLD
    Local nomen iuris:
    Definition: The most absolute right of decision over a property and enjoy the fruits of it

    Main right / Primary real right: TEMPORARY OWNERSHIP/usufruc
    Local nomen iuris:
    Definition
    : The right to enjoy the fruits of an asset for a limited period

    Main right / Primary real right: LEASEHOLD
    Local nomen iuris: erfpacht /emphythéose
    Definition: the right to the full enjoyment of a property that belongs to someone else for a period between 27 and 99 years

    Main right / Primary real right: POSSESSION
    Local nomen iuris:
    Definition: undisturbed and continuous possession, normally during a period of at least 30 years, can be a way to acquire property

    Main right / Primary real right: SUPERFICIES
    Local nomen iuris: recht van opstal/superficie
    Definition: The right to erect constructions upon someone elses property during a limited period of maximum 50 years

    Main right / Primary real right: RIGHT OF USE/HABITATION
    Local nomen iuris:
    Definition: The right to enjoy the fruits of an asset for a limited period, restricted to use or habitation

  2. Information on owners

    2.1 If owners are natural persons, information of the owner or proprietor or holder of the main right registered will usually comprise the following:

    – Name of the owner (first name, surname) in the way governed by national legislation.
    – Other identification number (passport, national)
    – Date of birth.

    Excerpts out of the register normally only let you know in what deeds, and if so asked, secondary concerning the described assets, a person is known. There is only a small description of the nature of the deed.

    There should not to be expected any further that information (as to ID of the owner, nor the person to whom the owner is married when acquisition is for the marriage or for matrimonial community of goods, nor the person to whom the owner is married in any case, nor civil status, nor address, nor owner’s e-mail or telephone.)

    However the register contains a copy of all registered deeds, containing all details of the transaction. Since the register is public, upon request, one can obtain a copy of any known deed.

    Information in excerpts on mortgages usually is more extended. Mortgages are registered only through an excerpt of the deed which the notary presents. Excerpts contain a copy of this document.

    2.2 In the event that the owner or proprietor is a company or legal person, information will usually include:

    1. Name of the company.
    2. Registration number.

    And it will not include other data such as ID of the company, registered office, date and place of registration, business address, telephone or e-mail.

  3. Entitlement

    Information of the Belgian land register system usually includes references to the:

    1. Entitlement or substantial entitlement, act or contract which is basis of the acquisition for the proprietor.
    2. Formal entitlement, deed of acquisition of the owner.

  4. Restrictions

    Information of the Belgian land register system usually includes the existence of restrictions on the person of the owner stemming from insolvency or affecting the authority of disposal when they have been registered.

    With respect to the information on restrictions on the person of the owner, existence conditions antecedent are not included.

    There’s no information on conditions subsequent.

    In Belgium, there’re no trusts.

  5. Price

    The Belgian Land register contains copies of all registered deeds. They contain the price of a transaction. Since the register is public one can ask for copies of specific deeds and in this way be informed about the price.

    Ordinary excerpts do not contain the price nor other clauses of the deed