Transfer of title to immovable property is the moment ownership passes. It requires two steps: a deed of transfer executed before a Dutch civil-law notary and registration of that deed in the public registers kept by the Land Registry. Until registration the buyer has a contractual claim, not ownership.
Statutory basis
Article 3:89 of the Civil Code prescribes the notarial deed and registration. A valid title, a transferor with power of disposition and the delivery formality are all required. Article 7:3 allows the purchase agreement itself to be registered, which protects the buyer for six months against a later sale, attachment or bankruptcy on the seller’s side.
How it works in practice
The notary is the central figure: he checks title, searches the registers for mortgages, attachments and easements, holds the funds in a client account and pays off the seller’s mortgage before releasing the balance. The purchase price is transferred to the notary in advance and released only after registration has been confirmed. The notary is appointed by the buyer in most transactions, and his duty of care extends to both parties.
Where it goes wrong
Buyers who skip registration of the purchase agreement carry an avoidable risk: a seller in financial difficulty can be declared bankrupt between signature and completion, and without registration the buyer ranks as an ordinary creditor. A second recurring problem is a boundary or easement that appears from the registers only at the notary’s search, days before completion. Finally, buying at auction, from a foreign seller or from an estate brings its own formalities, and correcting them after the deed has been executed requires a further notarial deed.
Related terms
Purchase agreement for real estate, easement and ground lease.
Is there a defect in title, an unexpected charge or a dispute about the notary’s role? Our real estate lawyers examine the deed and the registers.
