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Articles

Real Estate: Shop Premises Collapsed -What To Do? (Netherlands)

By Ynze Kliphuis, LL.M., Russell Advocaten B.V., a member of Primerus

This short article uses a fact pattern to explore which party (lessor or lessee) is responsible under Dutch law for repairing commercial real estate that has been damaged, possibly as a consequence of activities by a contractor brought in by the lessee. Who has to repair the damage, the lessor or the lessee?

Articles

The Real Estate Sector in Colombia

By Santiago Concha, Esq.

Colombia is a democratic nation that bases its real estate sector activity under the principle of respect for property rights, which are limited in accordance with the Constitution of 1991, the law and the prevalence of the common good. Colombia has developed local powers and responsibilities to regulate land use and its development for the purpose of political centralization and administrative decentralization. Learn more about the authority the government has over the management and use of land, particularly as it relates to environmental obligations and rural development.

Articles

The Real Estate Law Review – Portugal

By Filipa Arantes Pedroso, Morais Leitão, Galvão Teles, Soares da Silva & Associados, Sociedade de Advogados

The definition of property in Portugal follows that of other continental legal systems based on Roman law and the French Civil Code, encompassing not only freehold but also other rights of guarantee and of acquisition. Therefore, the definition of property includes full possession and exclusive use and disposition. Read this article to learn more.

Articles

Control Of Commercial Use After The Developers Sell

By Rodyk & Davidson LLP

How can the developer help to ensure that the development will indeed remain “prestigious” and “premier”, even after all the strata lots in the development are sold and the developer steps out of the picture?

Articles

Blurring: Combining Different Concepts

By Ynze Kliphuis, LL.M., Russell Advocaten B.V., member of Primerus

The desire to combine different functions is growing rapidly whereas the Dutch legislation is still not flexible enough to follow suit. Especially the Licensing and Catering Act and designated use for real estate can create obstructions for innovative entrepreneurs. This article shows how the distinctions between the industries can be blurred within the hard boundaries of the law and what entrepreneurs have to keep in mind.

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