Public authorities and private individuals (including business owners) are increasingly having to grapple with complex issues surrounding ownership and the associated real rights (restricted rights). This is common in partnerships between government and multiple private parties (public-private partnerships, area development projects, etc.), but also in relationships between the government and citizens or among citizens. Given the potentially far-reaching effects of the form in which real rights between parties are cast, it can be wise to seek specialised guidance. The distinction between different restricted rights (e.g. ground leases, built structures, usufruct, easements) is by no means always clear, and naturally your main concern will be to find out which option is preferable in your particular case – for instance, building and planting rights or right of way (a form of easement).

Moreover, proper assessment of the complicated tenet of positive and negative prescription, which is often invoked, requires specialised legal and factual research. We can provide you with insight and clarity on these issues. You can also turn to us for customised advice on how best secure the rights and duties attached to your properties, as well as the most appropriate means – based on your specific situation – to assign any restricted rights to them to third parties. We advise government and private clients alike on the legal merits of different options and guide them in relations and communication with the counterparty.