erfpachter

Erfpachter is a person who holds an erfpacht, a long-term leasehold right in land under Dutch-language property law. An erfpacht grants the holder the right to use, develop, and benefit from land owned by another party (the grondeigenaar or erfpachtgever) for a fixed term, commonly 30 to 99 years. The land remains the property of the owner, while the erfpachter pays an annual ground rent (canon) and may owe periodic adjustments. The right is transferable and can be mortgaged with consent; improvements typically require authorization but become part of the erfpacht asset.

In practice, erfpacht is widely used in the Netherlands and other Dutch-speaking jurisdictions to facilitate land use and housing development without transferring ownership. The value of an erfpacht property depends on the remaining term, the level of canon, potential renewal prospects, and property value. At the end of the term, ownership of the land reverts to the erfpachtgever unless the contract provides for renewal or a buy-out option (afkoop). Some contracts allow the erfpachter to purchase the land at a predetermined price or through a negotiated settlement.

Historically, erfpacht arose to secure long-term land use while enabling landowners to retain ultimate ownership. Today it remains a common form of tenure for residential and commercial properties, municipal land, and agricultural holdings, balancing property rights and public or private landownership. The term is primarily used in Dutch-language contexts, with equivalents in other jurisdictions under different legal terminologies.