Title 7 — Erfpacht · Civil Code — Book 5

5:85 Article 5:85

Ground lease (erfpacht) is a real right that grants the ground lessee the power to hold and use an immovable property belonging to another.

5:86 Article 5:86

The parties may regulate the duration of the right of superficies (erfpacht) in the deed of establishment.

5:87 Article 5:87

A long lease (erfpacht) may be terminated by the leaseholder (erfpachter), unless otherwise provided in the deed of establishment.

5:88 Article 5:88

Every notice of termination shall be effected by writ. It shall be effected at least one year before the date for which notice is given, provided…

5:89 Article 5:89

Insofar as not otherwise provided in the deed of establishment, the ground lessee (erfpachter) has the same enjoyment of the property as an owner.

5:90 Article 5:90

Insofar as not otherwise provided in the deed of establishment, fruits that have been separated or have become due and payable during the duration of…

5:91 Article 5:91

The deed of establishment may provide that the right of ground lease (erfpacht) cannot be transferred or allotted without the consent of the owner…

5:92 Article 5:92

If the right of emphyteusis (erfpacht) belongs to two or more persons, whether as joint owners or as holders of the right of emphyteusis of different…

5:93 Article 5:93

The ground lessee is authorised to grant a sub-ground lease for the whole or a part of the property to which the right of ground lease pertains…

5:94 Article 5:94

The ground lessee is authorised to lease or let out the property upon which the right of ground lease rests, insofar as the deed of establishment…

5:95 Article 5:95

Each of them is authorised to institute legal proceedings and to submit petitions for obtaining a judicial decision that concerns the rights of both…

5:96 Article 5:96

Ordinary charges and repairs shall be borne and performed by the leaseholder (erfpachter). The leaseholder is obliged, when extraordinary repairs are…

5:97 Article 5:97

If twenty-five years have elapsed since the establishment of the ground lease (erfpacht), the court may, upon the claim of the owner or the ground…

5:98 Article 5:98

When the term for which the right of ground lease (erfpacht) has been established has expired and the ground leaseholder (erfpachter) has not vacated…

5:99 Article 5:99

Upon the termination of the right of emphyteusis (erfpacht), the former emphyteutic tenant is entitled to compensation for the value of buildings…

5:100 Article 5:100

The ground lessee has a right of retention over the property issued in ground lease until the compensation due to him has been paid.