Beperkt recht
Limited right
A limited right is a real right that restricts the powers of the owner and encumbers a thing, such as usufruct or an easement.
In Dutch property law, a limited right constitutes a derived real right that is less comprehensive than full ownership. It confers on the right holder certain powers in respect of a thing, without that holder becoming the owner.
Limited rights are significant in that they may encumber ownership and thereby restrict the owner’s freedom of disposition. Examples include a mortgage, a pledge, emphyteusis and a right of superficies.
In practice, limited rights commonly arise by means of a notarial deed followed by registration in the public registers, thereby acquiring effect against third parties.
“The owner encumbered his dwelling with a limited right of hypothec in favour of the bank.”
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