Eigendomsovergangen

Eigendomsovergangen refer to the legal process by which ownership of a property, asset or interest is transferred from one party to another. The term is commonly used in Dutch civil law and in the international context to describe any change in the legal status of ownership. A property transfer can involve real estate, personal property, shares, intellectual‑property rights, or any other asset that is subject to ownership rights.

In the Netherlands, the transfer of real estate must be executed by a notarised deed (akte van levering) and registered in the Kadaster. The buyer and seller sign the deed before a notary, who certifies the transfer and files the necessary documentation. The buyer pays the purchase price and associated taxes, notably the transfer tax (overdrachtsbelasting) which is typically 2% of the purchase price for primary residences. For commercial properties the rate is 8%. The notary also handles the transfer of mortgage obligations by processing the change of registration with the bank or lender.

When shares are transferred, the company’s shareholders’ register is updated, and the transaction may be subject to stamp duty (overdrachtsbelasting for shares is normally exempt). Intellectual‑property transfers require registration with the national patent office or the European Union Intellectual Property Office, depending on the scope of protection.

The legal significance of a correct eigendomsovergang lies in preventing disputes over ownership, ensuring that debts and encumbrances are properly recorded, and providing the new owner with enforceable rights under the law. Without a proper transfer, the former owner could continue to be held liable for taxes, maintenance or other obligations related to the property. Proper documentation and registration protect both parties and uphold market confidence in the integrity of property transactions.