Robert Janssen
Partner
Deeply Rooted in Real Estate Law
Real estate law encompasses all regulations related to property. This includes the legal aspects of project development, the buying and selling of residential and commercial properties, easements, the right of ground lease or building rights, and mortgage law. It also covers neighbor law, rental and leasing of residential and commercial spaces, and real estate contracts for healthcare institutions. Real estate law is governed by a wide array of rules and diverse regulations. These cases are often complex due to the involvement of multiple parties, each with their own interests. This may include property developers, local residents, architects, contractors, installers, consulting engineers, builders, property managers, public authorities, healthcare institutions, and housing corporations.
A Selection of Our Focus Areas within this Expertise
Construction Law
Construction law covers a broad area of legal issues that can arise during the development of real estate. Many questions typically surface during the construction process:
- What are the exact duties and obligations of the contractor?
- When is a contractor liable for damage?
- Is the contractor entitled to additional work compensation?
- What constitutes a hidden defect and/or a major defect?
- Can the contractor claim a right of retention?
- To whom should a potential dispute be submitted?
Neighbor Law
When developing real estate, it is essential to consider the neighbors. A variety of questions can arise, such as:
- When does unlawful interference occur?
- Is the neighbor obligated to contribute to the cost of a fence on the property line?
- How far from the property line can trees or shrubs be planted?
- What if damage is caused by changes to the water drainage system?
Limited Real Rights
Property rights are central to the Dutch Civil Code. In principle, you are free to do as you wish with your own property. However, the law also defines various “limited real rights” that can restrict the full enjoyment of property ownership. For example, an easement may grant one property owner the right to pass over a neighbor’s land. Limited real rights can arise through prescription or through notarial registration.
Non-Conformity in Residential Property Purchases
If a buyer discovers a serious defect in the property after the notarial transfer of ownership, tensions can quickly rise. Did the seller know about the defect, or should they have been aware of it? Did they remain silent when they should have disclosed information? Or should the buyer have conducted a more thorough inspection of the property? Repair costs are often high, and the question arises whether the seller should compensate the buyer for the damage. Is there a case of non-conformity?
Tenant Law
Tenant law deals with the rights and obligations of both tenants and landlords.
- What rights and obligations do you have as a tenant, and what do you have as a landlord?
- How can a lease agreement be terminated?
- When and by what amount can rent be increased?
These questions frequently arise in real estate law. The real estate lawyers at Thuis Partners are happy to assist you in addressing any real estate-related concerns.
Integrated Approach to the Purchase, Sale, and Financing of Commercial Real Estate
Our real estate lawyers work closely with colleagues at Thuis Partners who specialize in financing and securities. This collaboration is essential in handling (the financing of) complex real estate transactions or the redevelopment of properties. Additionally, the team is involved in sale and leaseback transactions and the refinancing of real estate portfolios. The focus is on solving problems and closing the deal. The commercial and strategic interests of the client—whether an investor, project developer, or fund—are always the top priority.
"The top 10 'to do's' when buying or selling property: call us, we'll take care of the other nine."
