Bejegening

Bejegening is a legal term used in Dutch law to describe the act of recording a right or claim in a public registry, so that the right is known to others and enforceable against third parties. It is commonly applied to rights related to real estate and other encumbrances, and is typically carried out by a notary or the relevant registrar.

Bejegening covers a range of rights that can affect property or its use. Examples include encumbrances such as mortgages (hypotheken), easements (erfdienstbaarheden), usufruct (vruchtgebruik), and other rights that influence ownership, use, or the burden of a property. The registration provides public notice of the existence, content, and scope of the right and helps establish its priority relative to other rights.

In practice, a bejegening usually follows a contract, deed, or court decision. The right is entered into a public register, such as the land registry, and becomes effective against third parties from the moment of registration. Bejegening helps determine the rank of competing claims and can affect the ability to transfer or encumber the property. Changes to a bejegening, such as modification or removal, are effected through subsequent entries or cancellations (doorhaling).

Bejegening is often discussed in relation to inschrijving, a broader term for entering rights into registers. Some sources distinguish bejegening as the aspect of public notification and enforceability against third parties, while inschrijving refers to the formal recording of a title or right. Both concepts aim to ensure clarity and legal certainty in property law.