Real and limited rights

Real and limited rights: protection of property and use

Business and limited rights play an important role in ownership and use of real estate. Entrepreneurs, property owners, and developers frequently encounter these rights, often without being aware of it. Therefore, it is essential to have a good understanding of these rights and the risks associated with them. 

What are business and limited rights? 

A business right is a right that is attached to a good, usually real estate. The most well-known example is the right of ownership. Limited rights are derivative rights that grant a specific authority over a good without conveying ownership. Think of easements (like the right of way), the right of superficies, or ground lease. These rights are common and can have a significant impact on the usability or value of a parcel. 

Legal issues and procedures 

In practice, it often appears that parties are unaware that there is a limited right or easement on their parcel. There are often questions about prescription: can a limited right/easement arise from someone using a piece of land for an extended period? The distinction between ‘in good faith’ and ‘in bad faith’ is important here, as it affects the prescription period. It is also relevant whether there was possession, meaning holding for oneself and not for another. 

Such situations regularly lead to legal disputes. Procedures regarding the establishment, acknowledgment, or termination of business or limited rights are often complex and require specialized knowledge. 

Expertise of BG.legal 

The real estate lawyers at BG.legal have extensive experience with disputes and advisory processes concerning business and limited rights. They assist clients in preventing problems, as well as in conducting legal procedures. Thanks to their practical and legal expertise, they can act quickly and minimize risks for your business. 

If you have questions about business or limited rights, or if there is a conflict, please contact the specialists at BG.legal. We are happy to help you with clear advice or effective legal support.