Does not constitute an emphyteutic lease

This decision sheds important light on your property rights. Here is what it means for you.

The situation

A long-term lease does not constitute an emphyteutic lease where the modest rent is only relative and does not have as its consideration the undertaking of improvements by the tenant, where the building permit is limited to one room and all other development is prohibited, where the freedom to sublet or assign the lease is greatly diminished by a clause making the tenant jointly and severally liable with the assignee or subtenant, and where the possibility of carrying on other businesses is not general.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Strictly observe the statutory time limits for appeals
• Keep all your supporting documents (title deeds, contracts, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-min consultation at €45 with Maître Zakine.