What common rights, interests and burdens can be created or attach over real estate and how are these protected?

Real Estate (3rd edition)

Austria Small Flag Austria

The main burdens that can be attached are, of course, mortgages for financing. The registration fee for mortgages is 1.2% of the registered mortgage amount and is paid by the pledgee.

Further, easements are common burdens over real estate and are usually registered with the land register. The easements often regard electricity lines, piping rights, rights of way. Easements can either be granted free of charge or be paid. If easements are paid for, stamp duty incurs for the easement.

Real loads ("Reallasten") can be created over the real estate property in order to secure monthly payments for, e.g., building rights or to secure the delivery of certain amounts of energy.

Brazil Small Flag Brazil

The most common in rem rights and burdens that can be created or attached over real estate properties, further to the rights indicated in answer to question #4, are the following:

  • Mortgages, a security interest by which debtor shall remain in direct possession of the real estate. There are two types of in rem guarantees in Brazil that are comparable to US mortgages, namely (i) the regular real estate mortgage (“hipoteca” under Brazilian law), which is a civil nature in rem guaranty incurring upon the debtor’s or third party’s real estate; and (ii) the in rem “chattel mortgage” (“alienação fiduciária” under Brazilian law), which is the legal transaction byin which the debtor, intending to guaranteey a debt, transfers to creditor the reversible title subject to conditions subsequent (which is the payment of the debt).
  • Usufruct, consisting of a right to use, enjoy and profit from a third parties’ property during the term established by the parties to the easement deed (up to thirty years), lifetime of the benefitted party or subject to condition subsequent. It must be constituted by means of a public deed and recorded at the relevant real estate registry office so it isin order to be valid before third parties and enforceable even in case of transfer of the real estate by owner. A transfer tax shall be due. For such purposes, the maintenance of the property, except wear and tear, payment of related taxes and charges and protection of the real estate against adverse possession shall be a responsibility of the benefitted party.
  • Surface rights, as better detailed in question #5.
  • Slab rights, as better detailed in question #5.
  • Easements, which are encumbrances imposed by one property, called dominant, upon another property, named servient, offering an economical benefit or utility to the dominant property, such as right of way, passage, view, right to sunlight, right to collect water, etc. The easement is attached to the real estate, meaning that it is automatically transferred to new owners of the involved properties and remains valid during the term established by the parties in the easement deed or an indefinite period of time, when the cancellation may occur in the specific hypothesis permitted by law (including the lack of use).

In any case, registration within the competent real estate registry office is required for the purpose of validity against third parties.

In addition to the above, the property owner or possessor may assign the right to use the property by other means. The most common are leases and free leases (“comodato” under Brazilian law), by which the lessor or grantee shall be entitled to use a third party’s property, upon consideration (in case of lease agreements) or not (in case of free leases). Although not mandatory, registration of the lease agreements is required for enforceability of certain rights against third parties, as better detailed in question #15 below.

Cayman Islands Small Flag Cayman Islands

12.1 Relevant rights, interests and burdens that are registrable include:

(a) transfers of land;
(b) stays of registration, having the effect of temporarily ‘freezing’ the land register and affording priority to an anticipated registerable disposition;
(c) charges, easements, covenants (both positive and restrictive), profits, dedications to public use, inhibitions, cautions and restrictions; and
(d) leases where the term is more than two years (leases for two years or less can be registered voluntarily), variations and transfers by the tenant thereof. There is a separate land register for leasehold interests and a note of the lease is made in the encumbrances section of the land register for the freehold title.

12.2 It is also possible subdivide (either by dividing into smaller regular parcels, registering a strata plan or registering a volumetric plan), combine and alter the boundaries of registered land parcels.

12.3 A contractual licence can also be used to allow occupation or use of real property, but this is a personal right and does not create a registerable interest.

12.4 Unregisterable interests can be protected by lodging a caution forbidding the registration of dispositions of the land, lease or charge concerned and the making of entries affecting the same.

12.5 There are some real property interests that are protected even though the interest is not registered at the Land Registry. These are known as ‘overriding interests’, details of which are set out in the Registered Land Law (2018 Revision), and include, inter alia, title, easements or profits acquired or in the process of being acquired by prescription.

Cyprus Small Flag Cyprus

A lot of specific rights may be attached over immovable property. Rights of easement may benefiting or burdening an immovable property. Morever, a person other than the registered owner may have the right to use and enjoy the immovable property until his/her death (life interest). A title of a unit in a commonly owned building will define the owner’s right in the common areas. Another example is the right attached on certain titles allowing the owner of the title to erect more buildings on the roofs of the building. Sometimes, exclusive rights of use of garages and/or yards and/or stockrooms and/or roofs may be attached on a title. Such rights are protected and cannot be deprived as long as they are properly registered in the land registry’s books.

Denmark Small Flag Denmark

In general, all rights and interests relating to real estate can be created or attach over real estate. This includes ownership rights, mortgages, encumbrances, liens, easements, profits á prendre and restrictive covenants and other private restrictions.

Any such rights are protected against third-party rights by registration with the Danish Land Registration Court. The registration of such rights must be filed electronically with the Danish Land Registration Court and certain fees apply (see for instance below under question 20 in respect of registration of mortgages).

France Small Flag France

The real estate property may be the subject of various easements due to its situation such as:

  • public utility easements (servitudes d'utilité publique) mentioned in local zoning plans and municipal map and imposed for the preservation of natural and cultural heritage, for the use of certain resources and equipment (such for example the easements for the installation and retain of cabling and pipes for the utilities' networks, for air traffic, etc.), for national defense and for public health and safety;
  • urban planning easements which may be imposed by the existence of classified facilities, the vicinity of airports, etc.;
  • easements imposed by the existence of certain risks such as bush clearing easement imposed in areas exposed to risks of fire;
  • right of way for landlocked properties.

Property owners may also contractually agree to create specific easements which will burden the property of one of the party and benefit the property of the other party (for example, a restriction on building height, in order to preserve adjacent property owners’ access to sunlight and views of the surrounding area). In such a case, they must appoint a géomètre-expert for drawing up the plans and description of the new easements and execute a specific deed before a notary. The notary will register this deed at the land registry in order to render these easements binding on third parties.

The registration of mortgages and/or liens against real estate properties also require the execution of a specific deed by the borrower and the lender before a notary

Germany Small Flag Germany

A wide variety of rights, interests and burdens can be created over or attached to real estate and there are complex rules governing the creation of such rights. Many of these rights can be registered as rights in rem in the land register. Such rights may generally only be deleted by the person who has created them, which sometimes causes some issues, in particular with respect to ancient registrations. Some of the key interests are:

  • Easements: for example, rights of way over a property, tenancy easements;
  • Restrictive covenants: for example, an agreement to build a certain property on a plot of land, not to lease the property to certain parties etc.;
  • Land charges/mortgages;
  • Options to purchase, priority notices, pre-emption rights;
  • Usufruct rights;
  • Rights of permanent use, condominium rights;
  • Heritable building rights (forming its own sub-register, the heritable building rights register).

The above rights and interests must be registered in the land register in order to be protected and, unless agreed differently with all existing higher-ranking creditors, their rank follows the timing of registration.

In addition to these "private" rights certain public-law obligations or rights of authorities can be registered in the register of public building charges (Baulastenverzeichnis) which however does not exist in all German states (e.g. not in Bavaria).

Greece Small Flag Greece

Greek Law recognises the following rights in rem over land:

  • Ownership (Article 999 Greek Civil Code): constitutes a universal real right.

    It may be absolute (100% ownership) or a joint ownership (ab indiviso). The Bare Ownership (“Psili Kyriotita”), is a limited real right and constitutes the part of full ownership which is bare from the benefits or proceeds of the property (i.e. bare from usufruct). The bare owner cannot use or exploit the property until the death or resignation of the usufructuary, whereupon Usufruct (“Epikarpia”) is unified with bare ownership and the bare owner becomes full owner of the property. Usufruct is a personal servitude established by means of a notarial deed. The usufructuary may use and exploit the property that belongs to the bare owner to such extent that the property remains intact with the exception of any deterioration or wear due to natural causes.

  • Easement Rights (Article 1118 Greek Civil Code): constitute a limited real right (e.g., right of way) exercised by the owner of a property (dominant estate) in order that the latter is served at the expense of another property (subservient estate);
  • Right to Mortgage (encumbrance) (Article 1257 Greek Civil Code): is a limited real right granted to a beneficiary, to secure a claim of the beneficiary against the owner of the property. In cases of enforcement of this right, the beneficiary is able to satisfy his or her claim from the proceeds of the auction of the burdened property.
  • The “Surface Right” (provided in Art. 18 of Law 3986/2011 as in force): right to use real estate owned by the Greek State, Public Law Entities and State Agencies, for a period of time ranging from 5 to 99 years by way of a notarial deed, subject to payment of an agreed amount. The beneficiary of the surface right enjoys all rights of the owner of the asset and has the right to build, develop, exploit and manage the asset. Furthermore, the beneficiary of the surface right may grant security over the asset to third parties. The beneficiary of the surface right is also under the obligation to maintain and protect the asset and return it to the owner at the end of the agreed surface right term.

Hungary Small Flag Hungary

There are a wide variety of rights, interest and burdens can be created or attached to the real estate. The main categories of these common rights, interests and burdens are:

  • rights, interest and burdens existing by a virtue of law (and usually, but not always registered with the land registry), such as rights/burdens relating to cultural heritage or archaeological protection;
  • right, interests burdens that can be and are registered in the land register: easements (for example line easements, right to trespass the property), mortgages, option rights, restrictions to sell or encumber the property, litigations affecting the property (please also see answer to Q4);
  • right, interests burdens that cannot be registered with the land registry but transferred together with the transfer of the real estate, such as leases which are typical example that fall in this category.

If a right, interest or burden can be registered at the land registry the registration is required in order to be protected, however, as mentioned in the answer to Q8 above, the non-registered rights may be relevant and leases are non-registerable, therefore requesting full disclosure with respect to these matters is inevitable in the course of a due diligence process.

In respect of rights that may be registered and facts that may be recorded in the land register, please refer to our answer to Q4.

India Small Flag India

Rights, interests and burdens can be created or attached over real estate by:

  • Covenants, positive as also negative, entered into by the owner under a registered document and attached to and running with the land e.g. restriction on extent of construction. Such covenants are binding on the covenanting parties and their heirs and on transferees with notice.
  • Lessee’s covenants, for example covenant not to assign, sublet, encumber or part with possession, not to carry out further construction without previous written consent of the Lessor.
  • Easements like right of way, right to lay electricity and water supply lines and amenities.
  • Options to purchase / first rights of refusal.
  • Security under a mortgage or charge.
  • Interests of beneficiaries under a private trust.
  • License (strictly not an interest) by which the owner or lessee of the property permits use thereof by another person, on specified terms, without transferring any right or interest in the property to that person.

Ireland Small Flag Ireland

Common rights, interest and burdens that can be created or attach over real estate would for instance include mortgages and charges, leases, easements, wayleaves and covenants (positive and negative).

In the case of registered land, there are certain rights which must be registered in the Land Registry to gain protection; otherwise these rights will not be protected against a bona fide buyer for value without notice (e.g. rights of residence, restrictive covenants, leases for a term exceeding 21 years). There are also a number of burdens which affect registered land without registration, such as public rights and occupational tenancies for terms not exceeding 21 years.

In the Registry of Deeds (unregistered land), priority is determined by the serial number allocated to the instrument. Registered instruments have legal priority over unregistered instruments or instruments registered later in time. An exception applies where the owner of a registered instrument had actual notice of a prior unregistered or unregistrable instrument.

Japan Small Flag Japan

As a general rule, upon the transfer of the ownership interest in land, the contractual status of the lessor as to the land, including the right to rental income, is automatically transferred to an assignee of the land if the lease is registered, or if the lessee owns premises registered under their name on the land. Obligations to return lease deposits to the lessee after the end of lease contracts are also automatically transferred upon the transfer of the ownership interest in land. This doctrine has been established by judicial precedents, and has now also been stipulated in the Amended Civil Code.

However, under the Amended Civil Code, the contractual status of lessor may remain with an assignor if both parties agree that the contractual status of the lessor is not transferred to an assignee, and that an assignee leases the land back to an assignor. If the contractual status of lessor is automatically transferred to a new landlord as a result of ownership change, then it can be interpreted that consent to the change of lessor (from the new landlord to the old landlord) be required to be obtained from a lessee in the case that the old landlord keeps leasing the land to a lessee by renting such land from the new landlord. This may cause unnecessary administrative workload, and complicate contractual relationships with a lessee, and thus the Amended Civil Code allows that the contractual status of lessor may remain with an assignor as above.

Kenya Small Flag Kenya

Under Kenyan real estate law, the common forms of encumbrances that may be created over land are:

  • Leases and licences: A proprietor of land may grant a lease or a licence to any person for a period of time and charge rent or a fee for the grant of rights to use or possess.
  • Legal charge: This is where a lender’s interest in land is registered in order to secure the fulfilment of an obligation to a lender.
  • Easements and wayleaves: Both of these are registrable interests which are granted to allow the grantee a right of way, a right to create a restriction or to require the owner of the property to carry out an action. These encumbrances do not however give the grantee rights to possession of the property.

Mexico Small Flag Mexico

Under Mexican civil law, there are specific forms of servitudes that can be created over real estate, such as access and water easements, real covenants and easements for utility companies (i.e. power transmission lines). In addition, few States recognize the right to create view easements over real property under certain conditions. In some cases, servitudes must be constituted by operation of law; for instance, in case the land has no access to a public road, the law gives the owner the right to demand before the court the creation of an access easement.

Easements must be recorded with the Public Registry to be effective as against third parties. Easements are in rem rights and, as such, are usually transferred with any conveyance of land.

Property can also be attached as a consequence of judicial orders in lawsuits, for instance, by tax authorities for past due property taxes or as a result from any litigation in which the real property has been identified as an asset of the defendant. For this second type of lawsuits (third parties against the owner) to take precedence in a transfer, usually, they would need to be recorded in the Public Registry.

Monaco Small Flag Monaco

Many rights, interests and burdens can be created or attached over real estate, such as:

  • Easements which are charges over a real estate, which burden a real estate asset for the benefit of another’s. Easements can be created by law or contractually agreed. Examples of easements imposed by law are: public utility easements, right of way for landlocked real estate, limitation concerning distance to be respected or not creating any direct view between two plots. Contractual easements can be of many types and content (of access, of well, sewage, restriction on building height in order to preserve adjacent assets’ access to sunlight and views of the surrounding area etc.). Contractual easements have to be formalised by means of a notary deed registered at the mortgage registry in order to be binding on third parties and transferred to successive owners.
  • Mortgages which is the most common type of guarantee, used in all types of loans or credit lines in connection with the purchase of real estate. See infra point 19 for more details on mortgages.
  • Usufructs which give a person the temporary right to use and profit from someone else's property for a specific period of time.

Romania Small Flag Romania

Rights of use, mortgages, easements and restraints on alienation/encumbrance are the main contractual burdens that can be created over real estate. Other legal easements may be established as per the applicable legislation (e.g. legal easements for utilities). Creditors and competent authorities may, in certain situations, sequester properties.

Enforcement of such encumbrances is obtained before the competent courts or directly through a court enforcement officer, depending on the nature of the encumbrance.

Russia Small Flag Russia

In Russia, there are various contractual and non-contractual interests and burdens that can be attached to real estate. The most common examples include:

  • Easement. Easements have to be registered in the public register of real estate. However, easements in Russia have limited scope. Formally, easements can only include the right to use another person’s land plot in a limited way (e.g. for passage), but not to prohibit certain actions by a land plot owner. Thus, unlike in common law, in Russia such restrictions as the prohibition to construct more than one building on the same land plot (negative easements), do not enjoy proprietary protection. These restrictions can be imposed only as a contractual obligation, but this effect will not “attach” over the real property.
  • Mortgage. Mortgages can be used to secure legal obligations of the real estate owner. A mortgage can arise either by virtue of law or by a mortgage agreement. In case the secured obligation is breached, the mortgagee is entitled to levy execution on the mortgaged property. As a general rule, the mortgaged property is sold off at a public auction. However, outside the cases of bankruptcy, Russian law allows the parties to agree on out-of-court taking of the mortgaged real estate in case of default (in this case the mortgage agreement shall be notarized). In order to be protected against third parties, mortgage has to be registered in the public register.
  • Option to purchase (call options). After the 2015 Civil law reform, Russian law explicitly recognizes options to purchase. However, unlike in some other jurisdictions, options do not “attach” over the real estate, and are instead a purely contractual (non-proprietary) tool, which is structured using the mechanism of irrevocable offer. In case the real estate owner sells the real estate to a third party, the option holder can generally only claim damages, and cannot have recourse to the asset or to the third party purchaser. Further, options to purchase cannot be registered in the public register of real estate to notify third parties of their existence. Therefore, the legal protection of options is currently limited.

However, some interests that are widely recognized by other civil law jurisdictions are not existent in Russia. For instance, Russian law currently does not recognize the proprietary right to construct buildings (building right) or the right of benefit from property (however, currently a draft bill introducing these proprietary rights is pending in the Russian Parliament, but the perspectives of its adoption are unclear). Contractual instruments (such as lease for construction purposes instead of building rights) are currently used for these purposes.

Slovenia Small Flag Slovenia

See answer number 4.

Spain Small Flag Spain

A wide variety of rights, interests and burdens can be created or attached to real estate. Some of the key interests are:

  • Easements: An easement is a charge over a real estate asset, which limits in a certain way such asset for the benefit of another asset or person. Easements are rights that run with the land.
    Easements can be created by law or contractually. Examples of easements imposed by law are: the limitation pursuant to which the owner of a building is prohibited from installing windows, balconies or similar constructions that would face directly onto an adjacent plot of land unless there is a minimum distance between them, and the restriction which only permits the installation of windows or openings in a wall adjacent to another building at roof-level height in order to receive light. It should be noted that the majority of legal easements do not need to be created by any particular act and therefore may not be revealed through a title search at the Land Registry. Contractual easements can be of many types and content (of access, of well, sewage, etc.); they should be formalised by means of a notarial deed executed before a Notary and registered at the Land Registry in order to be enforceable vis-à-vis third parties (unless they are apparent).
  • Mortgages: This is the most common type of guarantee, used as assurance of payment of all types of loans or credit lines connected to the purchase and/or development of real estate. Please see Q. 20 for a more in-depth explanation about mortgages in Spain.
  • Usufructs: Usufructs give a person the temporary right to use and profit from someone else's property. This right may be granted by an inter-vivos or mortis causa act or by law. It may also be obtained by adverse possession. Usufructs are temporary rights granted for a specific period of time. They may be transferred but the grantee of the usufruct can only transfer his/her own limited title for the remaining unexpired period of the usufruct.
    The beneficiary of a right of usufruct is generally entitled to appropriate the land's profits (e.g. the crops or the rent in leased premises). He/she may not make alterations to the property, unless specifically authorised. As to repairs, generally, ordinary repairs are the grantee's responsibility and exceptional ones must be carried out by the grantor of the usufruct.
  • Option to purchase right: For the option right to be enforceable vis-à-vis third parties, it should be registered at the Land Registry, which would require the parties to execute a notarial deed specifying both the purchase price as well as the period in which the option has to be exercised, which cannot be longer than four years. Should the purchase option be registered, and the grantor sells the property to a third party other than the opting party, the latter may exercise its right vis-à-vis the new owner, whereas if it were not registered, the opting party may claim liability from the grantor of the option.
  • Lease agreements: Please see Q. 16.
  • Ground lease: Please see Q. 6.

Sweden Small Flag Sweden

Leases may be granted orally or in writing under Swedish law (written contracts are of course to be recommended, oral leases are very unusual). A lease constitutes an exclusive right granted in return for payment for the use of a house or part of a house. According to case law, the latter requirement implies that the object of a lease agreement must be a confined space with walls and ceiling in order for the agreement to constitute a lease under Swedish law. As mentioned, Swedish lease law is extensively regulated under statute and is essentially mandatory to the benefit of the tenant, irrespective of size and strength of tenant. Please see Q15 for a more elaborate description of commercial leases in Sweden.

Another right of use to real property is land leasehold (Sw: arrende). A land leasehold is a right to use land for a specific purpose, e.g. residential, agricultural or commercial, against a fee. Land leaseholds may be granted indefinitely or for a fixed term, but will be valid for a maximum of 25 or 50 years (depending on the existence of a development plan for the leased land).

Easements (Sw: servitut) may be created on a property following a written agreement between two (or more) property owners (or, if applicable, site leaseholders) or through cadastral procedure. An easement grants one property (the dominant property) a specific right to use a part of another property (the serving property) for a specifically defined purpose, such as for passing through, sewage and water facilities, fire evacuation purposes etc. Agreements on easements must comply with certain formal criteria and may only be created in order to satisfy a long-term, sustainable need for the dominant property. An easement can be registered in the land register in order to ensure the survival of the easement when title is transferred.

Joint facilities (Sw. gemensamhetsanläggning) constitute a form of joint ownership and/or use of property related facilities such as e.g. roads, sewage facilities, power stations, a parking garage etc. Joint facilities are created by cadastral procedure, granting each of the properties participating in the facility arrangement a right to use the facility in question, as well as an obligation to carry a share of the total construction and operational costs related to the joint facility. A property’s share in a joint facility is appurtenant to the property and automatically follows the transfer of the property.

Thailand Small Flag Thailand

Yes. If there is a sale of real estate, the CCC specifically provides that a lease of real asset does not interfere with a transfer of such real estate ownership – the transferee therefore takes ownership subject to the occupational leases, without binding to specific provisions (if any) of such occupational leases. In practice, it is therefore advisable to arrange an addendum to the lease agreement acknowledging the change of the lessor, and agree additional terms (if any).

Turkey Small Flag Turkey

Annotations, rights in rem and declarations which are determined by laws can be registered in land registry. The main rights in rem are described under Q4.

It is possible to annotate some of the personal rights, limiting right of disposition. These annotations could be established for a definite time. Some of these are briefly explained below.

The contractual pre-purchase right gives its holder the right to file a case for the transfer of the real estate, in case the real estate is sold to a third party.

The right of purchase is the right which gives its holder the right to purchase the real estate with an ex-parte statement.

Contractual right of repurchase annotation provides to its holder the right to buy the real state which is sold previously by itself to the seller.

Family home annotation limits disposal rights of the owner and he/she cannot transfer the real estate to the third party without a prior consent of his/her spouse.

Lease annotation ensures that the new owner cannot ask the tenant to evict the real estate based on the transfer of the real estate which is explained under Q11.

The preliminary contract for sale annotation prevents the transactions of selling, seizure, mortgaging etc. for five years after the date of annotation.

The matters to be declared are determined in the Land Registry Regulation, but there are also regulations in the Law of Property Ownership, Cadastral Law and other laws. For example if the real estate is a historical building, this information is to be found at the declaration column.

United Kingdom Small Flag United Kingdom

A wide variety of rights, interests and burdens can be created or attached to real estate, but given the historical nature of real estate law in England and Wales, there are a large number of complex rules that govern them, which can create somewhat arbitrary distinctions around exactly when certain rights, interests or burdens will attach and "run" with the land. Some of the key interests are:

  • Easements: for example, rights of way over a property;
  • Restrictive covenants: for example, an agreement not to build more than one house on a plot of land;
  • Legal mortgages; and
  • Options to purchase.

All of the above rights and interests must be registered at the Land Register in order to be protected. However, as mentioned at Q8 above, there is a further class of interests called overriding interests which do not require registration. Legislation has sought to gradually reduce the list of overriding interests but they still include certain important interests such as short leases (i.e. of less than seven years), certain interests of people in actual occupation of the property and certain easements.

As an example of some of the complexities that can arise, positive covenants (e.g. to pay a sum of money towards the repair of a shared access way) do not attach to the land (although positive covenants between a landlord and tenant do attach to the land). However, there are various devices used to ensure that future owners are liable to perform these types of covenants, for example, the owner of the shared access may register a restriction at the Land Registry on the adjoining property prohibiting the sale of the property unless the new owner agrees to comply with the positive covenants.

United States Small Flag United States

A wide variety of rights, interests and burdens can be created or attached to real estate, but given the historical nature of real estate law in the U.S. and the adoption of certain vestiges of the arcane laws of England, there are a large number of complex rules that govern them, which can create somewhat arbitrary distinctions around exactly when certain rights, interests or burdens will attach and "run" with the land. Some of these key interests are:

  • easements: for example, rights of way over a property;
  • restrictive covenants: for example, an agreement not to build more than one house on a plot of land;
  • mortgages or other security instruments securing debt obligations; and
  • options to purchase, and other rights to purchase, such as rights of first refusal and rights of first offer.

While recording of documents evidencing such agreements is not required in order for the applicable agreement to be enforceable against the grantor, all of the above rights and interests must be recorded in the real estate records in order to ensure that such rights and interests are not subordinated to the rights of a subsequent bona fide purchaser for value who records their interest.

Indonesia Small Flag Indonesia

In addition to the land titles referred to under question 4 (including the HMSRS title, which grants its holder the ownership right to an individual unit and common areas), it is possible for real estate owners to grant rights in relation to the real estate to third parties by entering into a contractual arrangement (eg, a joint operation agreement under which the land owner agrees to share economic rights in relation to the real estate) or by providing a mortgage (hak tanggungan). Please see our answer to question 19.

The concept of rights, interests or burden which can be created or attached over the land and which can be protected by registration (eg, easement as understood under common law) is not recognised under Indonesian law.

Morocco Small Flag Morocco

Various rights, interests and burdens can be created or attached to real estate by agreement or by operation of law.

Usage rights, mortgages, easements and interdictions to sell/encumber are the main contractual burdens that can be created over real estate. Such rights are generally created by way of public deed executed in front of a notary and must be registered at the land registry. Other legal servitudes may be established as per the applicable legislation.

It is worth noting that under Moroccan Law, any claimant to an interest in a registered building may request from the Land Registrar to have a specific registration (called prénotation) registered in the title deed so as to protect its right. Such registration is limited in time and must be supported by a document evidencing such right or a court proceedings.

Updated: December 17, 2019