PROPERTY LAW
LM&DS can advise and/or assist you in disputes about all property rights, specifically ownership, easements, leasehold, usufruct, and right of use/occupation.
With regard to property, LM&DS can advise or assist you in legal matters if, as a co-owner, you are confronted with disputes regarding co-ownership in general, including the dissolution of joint ownership, apartment co-ownership, time sharing, common ownership or party wall, parcel boundaries, etc.
Also with regard to property, under the influence of legislation and case law, real estate transactions are no longer limited to mere contract law related to purchase, but the seller is subject to an obligation to provide extensive information.
For example, an OVAM (Flemish Regional Waste Authority) certificate, AREI (Belgian General Regulations for Electrical Installations) certificate, inspection certificate for the fuel oil tank, etc. must be presented to the buyer. Also, the correct spatial zoning use must be communicated to the buyer.
Since the buyer also has an obligation to investigate, checking the desired purchase is not an unnecessary luxury, the findings of which must then be tested against the statements in the private and notarial deed.
Both buyers and sellers can turn to LM&DS for advice or legal assistance.
If you are confronted with a dispute about a right of way, it is important to know whether it concerns an easement or a right of egress, a shared access route, etc.In addition, the public nature of private roads is regularly subject to dispute. You can contact LM&DS for all these conflicts.
Often the situation arises where several persons are holders of a right in rem, for example parents who buy a property in usufruct, while their children purchase the bare property (with or without money that is gifted in advance).
You can rely on LM&DS to settle these special situations, in particular what needs to be provided in such constructions in order to safeguard the interests of all parties.
If you believe that your neighbours are causing excessive disturbance, you can obtain advice about your rights from LM&DS. This often involves the height of trees, leaf litter, noise pollution, etc.In this context, disputes often arise regarding the Rural Code. This concerns, for example, overhanging branches, the legal planting distance from the lot boundary, etc.
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