dienstbaarheden

Dienstbaarheden are real rights in property law by which one parcel of land (the servient estate) is burdened for the benefit of another parcel or the benefit of a person or entity (the dominant estate). They do not transfer ownership, but grant the holder of the dominant estate a defined use or a right to restrict the use of the servient estate. In Dutch and Belgian law, they are commonly divided into erfdienstbaarheden (hereditary servitudes that run with the land) and persoonlijke dienstbaarheden (personal servitudes that benefit a person or entity and may end with the beneficiary).

Common examples include the right of way (recht van overpad) to reach a parcel, rights to drain water or to receive drainage, and rights to light, air, or support for buildings. The exact scope and limitations of each servitude are set out in the governing deed and may be further defined by statutory rules and case law.

Creation and binding force: Dienstbaarheden are usually established by notarial deed and registered in the land registry, so they bind current and future owners of the affected properties. They can arise through private agreement, through statutory provision, or by long-standing usage under certain conditions. Because they concern the use of land, they are generally durable and attach to the land irrespective of ownership changes of the benefited or burdened properties.

Obligations and limits: The owner of the servient estate must tolerate the exercise of the servitude and maintain any necessary infrastructure, while the holder of the dominant estate must use the right reasonably and not abuse it. Termination or modification requires mutual agreement, expiry of the purpose, loss of the benefit, or judicial action under applicable procedures.