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An Easement Agreement lets someone use part of another person's property for a specific purpose, while the owner keeps their property rights. Under Belgian Civil Code, these agreements create legal rights to cross land, install utilities, or access resources - common examples include paths to reach landlocked property or letting utility companies maintain power lines.

Belgian law treats these agreements as real rights (droits réels/zakelijke rechten) that stay with the land even when ownership changes. The agreement must be notarized and recorded in public property records to be enforceable. It defines exactly what the easement holder can do, where they can do it, and how long the rights last.

Use an Easement Agreement when you need guaranteed access to someone else's property for a specific purpose in Belgium. Common situations include needing a path to reach your landlocked property, installing utility lines across neighboring land, or securing rights to use shared driveways or parking areas.

The agreement becomes essential before starting construction projects that require access through adjacent properties, installing solar panels that might shade neighboring land, or running water pipes or telecommunications equipment. Getting it in place early prevents future disputes and protects your rights when property ownership changes. Belgian notaries can help structure the agreement to comply with local property laws.

• Permanent Access Easements: Grant ongoing rights to cross property, like shared driveways or paths to landlocked parcels
• Utility Easements: Allow installation and maintenance of power lines, water pipes, or telecommunications equipment
• Temporary Construction Easements: Provide time-limited access for building projects or renovations
• Conservation Easements: Protect natural resources or historic features while limiting property development
• Solar Access Easements: Ensure sunlight reaches solar panels by restricting neighboring construction height

• Property Owners: Grant easement rights over their land while maintaining ownership and receiving compensation
• Easement Holders: Receive and exercise specific rights to use portions of someone else's property
• Belgian Notaries: Draft and authenticate the agreements, ensuring compliance with property laws
• Utility Companies: Secure rights to install and maintain infrastructure across private properties
• Land Surveyors: Define and document exact boundaries and scope of easement areas
• Municipal Authorities: Review and register easements affecting public interests or urban planning

• Property Details: Obtain accurate land registry extracts and cadastral plans showing affected parcels
• Scope Definition: Map exact boundaries, access points, and permitted uses of the easement area
• Duration Terms: Decide if the easement will be permanent or temporary, including any specific time limits
• Compensation Structure: Calculate and document any payment terms or recurring fees
• Maintenance Rights: Specify who maintains the easement area and how costs are shared
• Documentation Ready: Prepare property ownership proof, identity documents, and any required permits
• Notarial Review: Schedule appointment with a Belgian notary for drafting and authentication

• Party Details: Full legal names and addresses of both grantor and grantee, with proof of ownership
• Property Description: Precise cadastral references and detailed maps of affected areas
• Rights Granted: Clear description of permitted uses, access times, and any restrictions
• Duration Terms: Specification if permanent or temporary, including any termination conditions
• Compensation Details: Payment amounts, schedules, and methods if applicable
• Maintenance Obligations: Who maintains the easement area and bears associated costs
• Registration Details: Provisions for official recording with land registry office
• Dispute Resolution: Process for handling conflicts under Belgian law

An Easement Agreement differs significantly from an Asset Purchase Agreement in both purpose and legal effect. While both deal with property rights, they serve fundamentally different functions in Belgian law.

• Ownership Transfer: An Asset Purchase Agreement transfers full ownership of property, while an Easement Agreement only grants specific usage rights while ownership remains unchanged
• Duration: Easements often exist indefinitely or for very long terms, whereas Asset Purchase Agreements represent a one-time transfer
• Scope of Rights: Easements limit rights to specific uses (like access or utilities), while asset purchases convey all property rights and control
• Registration Requirements: Both need notarial authentication, but easements require specific land registry recordings to remain with the property
• Compensation Structure: Asset purchases involve a single payment, while easements may include ongoing fees or no payment at all