Van Elder & Associates
Avocats, Attorneys at law, Advocaten

Property law

GAETAN VAN ELDER & ASSOCIATES  offers an assistance in property law in the differant stages of the immovable operations, in particular during the phase of negotiation to the drafting of the deeds  and agreements in order to secure the operations en optimize the fiscal and financial implications.
He intervenes next to his clients in the steps regarding the financing of the projects and the steps needed for their realization.
In order to implement adequately these operations, he interacts with the different intervenors (Agents, Projet leaders, Architect, Experts, Urban planning, Lang register, Tax Adminstrations, Notaries, …)

The fields of competence of GAETAN VAN ELDER & ASSOCIATES  are the following:

    • The acquisition or the transfer of the shares of real estate companies or buildings in full ownership or dissected (usufruct/bare ownership, leasing, split sale,...) in all stages of the process : letter of intent, offer, due diligence, convention and notarial deed.

    • The operations of the provision of goods : leases (commercial, ordinary law, of main residence, operational, leas, real rights (using right, emphyteusis, long-term lease, occupation contract, lease-back).

    • The drafting of diverse and complex clauses and contracts : accretion clause, repurchase, pre-emptive right, simple option simple or crossed, sell commitment.

    • Housing promotion : drafting of division deed, allotment deed, adhesion waiver, servitudes, convention of joint-venture.

    • Co-ownership : drafting of basic act,  rules of jointly owned real estate and internal regulation, functioning of the organes of co-ownership (drafting of the written report).

    • Securities and financing : conventional mortgage, mortgage proxy, privilege, pledge.

    • Assistance during judicial sale (public or private) and the real estate litigation in the different stages of the procedure :  order to pay, seizure, order to sell, design brief, appeal.

    • Fiscal optimization of acquisition operations (transfer rights), sale (added value), of detention (direct taxation) and restructurations (merger, demerger, branch and universality transfer, equated operations), including an assistance in the choice of operations (capital decreases, liquidation…) and vehicles to use : patrimonial companies, momentary associations, ,  property trader, SICAFI, SIR, ,…Optimization of the local taxation and property tax.

    • Formalities and fiscal procedures : ruling  and advance ruling, preliminary expertise or control, certification of property trader, added values realized for non-residents, undertaking steps in the registry office, mortgage registry and the receivers….

GAETAN VAN ELDER & ASSOCIATES  has an experience in the field of construction, renovation and transformation for the civil aspects (law Breyne, liability of architect, entrepreneur, subcontractor) including the fiscal aspects (VAT, cadastral income, property tax, local taxes).

He offers an assistance during procedures of permits and administrative information (licences, notifications, urban information, certificates, file of later intervention, pre-emptive right, charges for urban planning … )  necessary for the planning of real estate projects and their  exploitation.

GAETAN VAN ELDER & ASSOCIATES  has a strong expertise in litigation in front of civil and tax courts concerning contracts and immovable rights (sale, usufruct-bare ownership, emphyteusis, surface rigt, commercial lease, lease of ordinary law, land rents, precarious occupation agreement,  right of occupation, intermediate wall, servitudes, acquisitive prescription).