Book 5 Real property rights
Title 5.8 Right of superficies
Article 5:101 Definition of ‘right of superficies’
and ‘ground rent’
- 1. A right of superficies is a real property
right which enables its proprietor - the ‘superficiary’ -
to have or acquire for himself buildings, constructions or plants (vegetation)
in, on or above an immovable thing owned by someone else.
- 2. The right of superficies may be established
on someone else's immovable thing independent or dependent from another
real property right or from a right of (farm) lease on that immovable
- 3. The notarial deed by which a right of
superficies has been established may impose an obligation upon the superficiary
to pay a sum of money - the ‘ground rent’ - at regular or
irregular intervals to the owner of the encumbered immovable thing.
Article 5:102 Limitation of the rights of the superficiary
The notarial deed by which the right of superficies has been established
may limit the rights of the superficiary to use, place and remove buildings,
constructions and plants (vegetation).
Article 5:103 Enjoyment of the encumbered immovable
If the notarial deed by which the right of superficies has been established
doesn't provide an arrangement for the right of the superficiary to enjoy
the immovable thing that is encumbered with his right of superficies,
then the superficiary shall have all rights to that immovable thing that
are necessary for the full enjoyment of his right of superficies with
regard to that thing.
Article 5:104 Rules for leasehold applying accordingly
to a right of superficies
- 1. Articles 5:92 and 5:95 apply accordingly
to the right of superficies.
- 2. Articles 5:86, 5:87, 5:88, 5:91, 5:93,
5:94, 5:97 and 5:98 apply accordingly to an independent right of superficies.
Article 5:105 Effects of the ending of a right of
- 1. When the right of superficies ends, the
ownership of the buildings, constructions and plants (vegetation) will
by operation of law belong to the owner of the immovable thing that was
encumbered with that right of superficies.
- 2. As far as the notarial deed by which the
right of superficies was established does not provide otherwise, the superficiary
is, at the end of his limited property right, entitled to remove the buildings,
constructions and plants (vegetation) that have been placed voluntarily
on the encumbered immovable thing by himself or his predecessor or that
have been taken over by him or his predecessors from the owner of the
immovable thing non-gratuitously, provided that the encumbered immovable
thing is restored to its original conditions.
- 3. Articles 5:99 and 5:100 apply accordingly,
on the understanding that the superficiary only has a right of retention
over the buildings, constructions and plants (vegetation).