Book 5 Dutch Civil Code
Real property rights

• Title 5.1 Ownership in general
  (Articles 1-3)
  • Article 5:1 Definition 'right of ownership'
  • Article 5:2 Right to reclaim the thing
  • Article 5:3 Accession
• Title 5.2 Ownership of movable things
  (Articles 4-19)
  • Article 5:4 Occupation
  • Article 5:5 Finding
  • Article 5:6 Acquisition of the right of ownership of a found object
  • Article 5:7 Transfer of the rights that the finder has obtained by law
  • Article 5:8 Sale or destruction of the found object or animal
  • Article 5:9 Money that has been found
  • Article 5:10 Costs of safe custody and finder's reward
  • Article 5:11 The finder does not collect the found object in time after he has obtained ownership
  • Article 5:12 Additional rules by Order in Council
  • Article 5:13 Treasures
  • Article 5:14 Accession to property
  • Article 5:15 Intermixture (intermingling) of movable property
  • Article 5:16 Creation of a new thing
  • Article 5:17 Perception of fruits (benefits)
  • Article 5:18 Loss of ownership
  • Article 5:19 Loss of animals
• Title 5.3 Ownership of immovable things
  (Articles 20-36)
  • Article 5:20 Scope of the right of ownership of land
  • Article 5:21 Right to use the space above and under someone's land
  • Article 5:22 Walk on someone's land
  • Article 5:23 Tracing down and removing an object or escaped animal
  • Article 5:24 Abandoned immovable things belong to the State
  • Article 5:25 Ownership of the bottom of the sea
  • Article 5:26 Ownership of sea beaches
  • Article 5:27 Ownership of public waterways
  • Article 5:28 Ownership of public immovable things
  • Article 5:29 Land at a bank line
  • Article 5:30 Marking out boundary
  • Article 5:31 Marking out by registration of a notarial deed
  • Article 5:32 Boundaries marked out by court order.
  • Article 5:33 Movement of the bank line after the boundary has been marked out
  • Article 5:34 Determining the bank line
  • Article 5:35 Movement of dunes Article
  • 5:36 Waterway or a dense partition wall serving as boundary line; common ownership
• Title 5.4 Rights and duties of owners of neighbouring premises
  (Articles 37-59)
  • Article 5:37 Private nuisance
  • Article 5:38 Water disposal
  • Article 5:39 Alteration of the course of (flowing) water
  • Article 5:40 Streaming water
  • Article 5:41 Derogation by Municipal Ordinance
  • Article 5:42 Vegetation near the boundary line of someone else's premises
  • Article 5:43 Definition of a 'wall'
  • Article 5:44 Vegetation hanging over and roots shooting through
  • Article 5:45 Falling down fruits
  • Article 5:46 Stake out marks
  • Article 5:47 Determining the boundary by court order
  • Article 5:48 Fencing off land
  • Article 5:49 Partition wall
  • Article 5:50 Windows and balconies
  • Article 5:51 Non-transparent windows
  • Article 5:52 Water outlet
  • Article 5:53 Duty to keep water and garbage away from someone else’s gutter
  • Article 5:54 A building partly on, above or under someone else's land
  • Article 5:55 Threat of collapse
  • Article 5:56 Temporary use of someone else's immovable property
  • Article 5:57 Pointing out an access route
  • Article 5:58 Necessary water supply system
  • Article 5:59 Boundary under a non-navigable water stream
• Title 5.5 Common ownership
  (Articles 60-69)
  • Article 5:60 Common ownership by virtue of a juridical act
  • Article 5:61 End of common ownership
  • Article 5:62 Common ownership by virtue of law
  • Article 5:63 Characteristics of common ownership
  • Article 5:64 Right of access to the common immovable thing
  • Article 5:65 Maintenance, cleaning and renewal
  • Article 5:66 Transfer of a common ownership share to other common owners
  • Article 5:67 Making constructions against or in a common partition wall
  • Article 5:68 Right to install a gutter
  • Article 5:69 Exclusion of the applicability of certain statutory provisions
• Title 5.6 Easement
  (Articles 70-84)
  • Article 5:70 Definition of an ‘easement’ and ‘ground fee’
  • Article 5:71 Content of the burden on the servient land
  • Article 5:72 Formation of easements
  • Article 5:73 Content of an easement
  • Article 5:74 Exercising the rights based on an easement
  • Article 5:75 Rights and duties
  • Article 5:76 Partitioning of the dominant or servient land
  • Article 5:77 Joint and several liability for financial obligations
  • Article 5:78 Alteration or termination of an easements
  • Article 5:79 Termination of an easement by the court
  • Article 5:80 Change of the content of the easement
  • Article 5:81 Further conditions and the interests of other llimited proprietors
  • Article 5:82 Abandoning the easement
  • Article 5:83 Merger of the right of ownership of the servient and dominant land
  • Article 5:84 Establishment of easements by limited proprietors (leaseholder, superficiary, usufructuary)
• Title 5.7 Long leasehold
  (Articles 85-100)
  • Article 5:85 Definition of ‘long leasehold’ and ‘ground rent’
  • Article 5:86 Duration of a long leasehold
  • Article 5:87 Termination of a long leasehold
  • Article 5:88 Formalities for the cancellation of a long leasehold
  • Article 5:89 Enjoyment of the encumbered immovable thing
  • Article 5:90 Perception of fruits (benefits)
  • Article 5:91 Transfer and apportionment of a long leasehold
  • Article 5:92 A long leasehold belonging to two or more leaseholders
  • Article 5:93 Sub-leasehold
  • Article 5:94 Right to lease out the encumbered immovable thing
  • Article 5:95 Legal actions
  • Article 5:96 Ordinary legal charges and repairs
  • Article 5:97 Change or termination of the long leasehold
  • Article 5:98 Continuation of the long leasehold
  • Article 5:99 Compensation after the long leasehold has ended
  • Article 5:100 Right of retention
• Title 5.8 Right of superficies
  (Articles 101-105)
  • Article 5:101 Definition of ‘right of superficies’ and ‘ground rent’
  • Article 5:102 Limitation of the rights of the superficiary
  • Article 5:103 Enjoyment of the encumbered immovable thing
  • Article 5:104 Rules for leasehold applying accordingly to a right of superficies
  • Article 5:105 Effects of the ending of a right of superficies
• Title 5.9 Apartment rights
  (Articles 106-147)
  • Section 5.9.1 General provisions (106-123)
    • Article 5:106 Establishment of apartment rights
    • Article 5:107 Establishment of future apartment rights
    • Article 5:108 Duties of the apartment owners
    • Article 5:109 The split up
    • Article 5:110 Lack of power of disposition
    • Article 5:111 Content of the deed by which an apartment right is split off
    • Article 5:112 Content of the internal arrangements
    • Article 5:113 Equal shares and liability
    • Article 5:114 Seizure, mortgage or privilege existing at the moment that the apartment rights are established
    • Article 5:115 Long leaseholds and rights of superficies involved in the split up
    • Article 5:116 Additional provisions when a long leasehold or right of superficies is involved in the split up
    • Article 5:117 Transferability of apartment rights
    • Article 5:118 Establishing an easement on a private unit by the apartment owner
    • Article 5:118a Establishing a long leasehold or a right of superficies on a private unit by the apartment owner
    • Article 5:119 Physical change of the private units
    • Article 5:120 Use of private units
    • Article 5:121 Authorisation of the court that is replacing a necessary approval or cooperation
    • Article 5:122 Alienation (passage) or apportionment of an apartment right
    • Article 5:123 Usufruct
  • Section 5.9.2 The Association of Owners (124-135)
    • Article 5:124 Association of Owners
    • Article 5:125 Powers and membership
    • Article 5:126 Management (administration) and representation
    • Article 5:127 Access to the General Meeting of Owners
    • Article 5:127a Authorisation to the municipality by court order
    • Article 5:128 Use of the common parts
    • Article 5:129 Link to Article 2:14; null and void resolutions
    • Article 5:130 Voidable resolutions of the Association of Owners
    • Article 5:131 Executive Board of Directors
    • Article 5:132 Give access to the private units
    • Article 5:133 Absence of the Executive Board
    • Article 5:134 Writs and notifications to the joint apartment owners
    • Article 5:135 Application of some provisions of Book 2 of the Civil Code
  • Section 5.9.3 Rights derived from insurance contracts (136-138)
    • Article 5:136 Exercise of rights derived from an insurance contract
    • Article 5:137 [reserved]
    • Article 5:138 Disputes over the restoration of damage or the way to achieve it
  • Section 5.9.4 Amendment (change) of the notarial deed by which the apartment rights have been established and the termination of the split up (139-147)
    • Article 5:139 Amendment (change) of the notarial deed by which the apartment rights have been established
    • Article 5:140 Authorisation of the Subdistrict Court
    • Article 5:140a Authorization granted by the Subdistrict
      Court replacing a necessary cooperation or approval
    • Article 5:140b Nullification of a voidable resolution to make an amendment
    • Article 5:141 Nullification of a voidable amendment (change) of the notarial deed
    • Article 5:142 Effects of an amendment (change) on existing limited property rights, seizures and privileges
    • Article 5:143 The ending of a split up
    • Article 5:144 Court order
    • Article 5:145 Comply with a court order
    • Article 5:146 Position of existing limited property rights, seizures and privileges after the apartment rights have ended due to the ending of the split up
    • Article 5:147 Liquidation (winding up) of the property of the dissolved Association of Owners