In Belgium
An easement (servitude / erfdienstbaarheid) is a real right imposing a burden on one property (the servient tenement) for the benefit of another property (the dominant tenement). Easements are governed by Book 3 of the new Belgian Civil Code (2020 reform).
Types of easements:
- Legal easements: imposed by law (e.g. right of passage for landlocked plots, shared walls, drainage)
- Conventional easements: created by agreement between owners (e.g. right of way, prohibition of building above a certain height)
- Easements by prescription: acquired through 30 years of continuous, visible exercise
How it works
Creation. Conventional easements are typically established by a notarial deed and registered with the land registry (hypotheekkantoor / bureau des hypotheques). They are attached to the land, not to the persons.
Effect on tenants. Easements bind all occupiers of the servient tenement, including tenants. A landlord must inform tenants of any easements affecting the property. If an easement significantly restricts the tenant’s use (e.g. a right of way through the garden), it may affect the quiet enjoyment obligation.
Extinction. Easements end through: merger (same person owns both properties), non-use for 30 years, mutual agreement, or impossibility of exercise.
Disputes. Easement conflicts are typically heard by the justice of the peace for movable property matters or the tribunal of first instance for real property rights.
Practical example
A tenant rents a ground-floor apartment with a garden. After moving in, they discover the neighbour has a right of way (servitude de passage) through the garden, established by deed 40 years ago. The neighbour crosses daily to reach the street. The tenant complains to the landlord, who was aware but did not disclose the easement. The justice of the peace grants the tenant a 10% rent reduction for disturbance of enjoyment.