A Real Estate Deed (akte van levering) is a mandatory legal document in the Netherlands used to transfer ownership of real property. It must be prepared and executed by a civil law notary, making it distinct from real estate transfer documents in common law jurisdictions. The deed is required for all property transfers in the Netherlands, whether residential, commercial, or industrial. It contains crucial information including precise property details, party information, purchase price, and any encumbrances or special conditions. The document serves multiple purposes: it effectuates the legal transfer of ownership, provides evidence of the transfer, and forms the basis for registration in the Dutch Land Registry (Kadaster). The deed's content and format are strictly regulated by Dutch law, particularly the Civil Code and Notaries Act, ensuring consistency and legal certainty in property transactions.
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1. Appearance (Comparitie): Formal introduction stating date, notary details, and parties appearing before the notary
2. Party Identification: Detailed information about seller(s) and buyer(s), including personal/company details and legal capacity
3. Prior Declarations (Voorafgaande Verklaringen): Reference to purchase agreement, date of agreement, and any relevant prior decisions or arrangements
4. Property Description: Detailed description of the property including cadastral details, location, and size
5. Title of Acquisition: Details of how the seller acquired the property
6. Purchase Price: Statement of purchase price and confirmation of payment or payment arrangements
7. Transfer Declaration: Formal declaration of transfer of ownership
8. Guarantees and Warranties: Standard guarantees from seller regarding property ownership and encumbrances
9. Acceptance: Formal acceptance of transfer by the buyer
10. Registration Clauses: Statements regarding land registry registration and cadastral recording
11. Closing Statements: Formal closing including reference to attached documents and notarial declaration
1. Mortgage Release: Required when existing mortgages need to be released as part of the transfer
2. Easements and Special Rights: Included when there are specific easements, rights of way, or other special rights attached to the property
3. Environmental Clauses: Required when there are specific environmental conditions or contamination issues
4. Monument Status: Included when the property is a listed building or monument
5. Apartment Rights: Required for apartments, including references to association of owners and regulations
6. Pre-emption Rights: Included when there are municipal or other pre-emption rights to be addressed
7. Building Restrictions: Required when there are specific building or use restrictions on the property
8. Ground Lease: Included when the property is subject to ground lease (erfpacht)
1. Cadastral Maps: Official maps showing the property boundaries and location
2. Energy Performance Certificate: Mandatory energy performance certificate for the property
3. Land Registry Extract: Recent extract from the land registry showing current registration status
4. Building Permits: Copies of relevant building permits and certificates
5. Purchase Agreement: Copy of the underlying purchase agreement
6. Powers of Attorney: If applicable, powers of attorney for parties not appearing in person
7. Municipality Declarations: Declarations regarding pre-emption rights and zoning status
8. Survey Report: If applicable, recent property survey report
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