Erfpacht

Ground lease is a limited real right that entitles the ground lessee to use and exploit an immovable asset, typically land, for a prolonged term, commonly ranging from 49 to 99 years. The owner, usually a municipality, retains title while the ground lessee pays a ground rent and, in many cases, holds development rights.

This right is significant in the Netherlands, where a substantial portion of land remains in public ownership, enabling ground lease to provide individuals and businesses with access to building land without a full transfer of ownership. It allows the owner to retain ongoing control over land use and helps prevent speculation.

In practice, ground lease features in residential transactions, financing arrangements and valuations, where the remaining term and ground rent conditions are material considerations for purchasers and notaries.