A qualitative obligation is an encumbrance with which an immovable property (e.g. a plot of land) is encumbered for the benefit of one or more particular persons. It is an obligation to tolerate or not to do something. Think, for example, of the obligation not to rent or cause noise nuisance.
Although it is ultimately persons who are bothered by a qualitative obligation, the obligation attaches to the real estate encumbered with it. As a result, a subsequent acquirer of that immovable property is also bound by the qualitative obligation. In practice, the right in respect of the qualitative obligation is also sometimes linked to an immovable property, so that it only accrues to the owners and subsequent acquirers of a particular immovable property.
A qualitative obligation in respect of a registered property is established by notarial deed followed by registration of a copy of that deed in the land register.
In addition to qualitative obligations, easements also exist. Here, both the obligation and the right are attached to an immovable property; they must also be close to each other. With an easement, it is not possible to stipulate that a certain legal act may not be performed. Finally, there are chain clauses. These concern personal obligations, with an obligation to impose them on successive owners.
For more information on easements, qualitative obligations and penalty chain clauses, please contact us. We will be happy to help.
