Tenancy In Common Agreement Template for Belgium

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Key Requirements PROMPT example:

Tenancy In Common Agreement

"I need a Tenancy in Common Agreement for a residential property in Brussels that will be shared by three family members, with unequal ownership shares (50%, 30%, 20%), including specific provisions for maintenance cost sharing and a right of first refusal clause."

Document background
The Tenancy In Common Agreement is a vital legal instrument used in Belgium when multiple parties wish to establish shared ownership of a property. This document becomes necessary when two or more parties invest in real estate together, whether for residential or commercial purposes. It operates under Belgian civil law, particularly the reformed Property Law of 2020-2021, and must comply with specific regional requirements depending on the property's location (Brussels-Capital, Flanders, or Wallonia). The agreement outlines ownership percentages, maintenance responsibilities, decision-making processes, and dispute resolution mechanisms, while ensuring compliance with Belgian registration and tax requirements. It's particularly crucial for protecting all parties' interests in shared property arrangements and providing a clear framework for ongoing property management and potential future transfers of ownership shares.
Suggested Sections

1. Parties: Identification of all co-owners with their full legal names, addresses, and ownership percentages

2. Background: Context of the co-ownership arrangement, property details, and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Description: Detailed description of the property including address, cadastral details, and registration information

5. Ownership Interests: Specification of each owner's percentage share and associated rights

6. Rights and Obligations: Detailed outline of co-owners' rights and responsibilities regarding property use and maintenance

7. Financial Contributions: Terms for sharing costs, expenses, and tax obligations

8. Management and Decision Making: Procedures for property management decisions and voting rights

9. Use and Occupation: Rules governing property usage, access rights, and occupation arrangements

10. Maintenance and Repairs: Responsibilities and procedures for property maintenance and repairs

11. Transfer of Interest: Rules and procedures for selling or transferring ownership shares

12. Dispute Resolution: Procedures for resolving conflicts between co-owners

13. Termination: Conditions and procedures for terminating the co-ownership arrangement

14. Governing Law: Confirmation of Belgian law application and jurisdiction

Optional Sections

1. Property Insurance: Specific insurance requirements and cost-sharing arrangements

2. Third-Party Leasing: Rules for renting the property to third parties, if permitted

3. Business Use: Special provisions for business use of the property

4. Property Manager: Appointment and duties of a professional property manager

5. Right of First Refusal: Procedures giving co-owners first right to purchase when an owner wishes to sell

6. Mortgage and Financing: Provisions regarding property financing and mortgage arrangements

7. Death or Incapacity: Procedures in case of death or incapacity of a co-owner

8. Environmental Matters: Special provisions for environmental compliance and responsibilities

Suggested Schedules

1. Schedule 1 - Property Details: Detailed property description, including plans, boundaries, and certificates

2. Schedule 2 - Ownership Percentages: Detailed breakdown of ownership shares and initial contributions

3. Schedule 3 - Financial Arrangements: Details of cost-sharing formulas and payment procedures

4. Schedule 4 - Maintenance Schedule: Regular maintenance requirements and responsibilities

5. Schedule 5 - House Rules: Specific rules for property use and maintenance

6. Appendix A - Property Plans: Official property plans and cadastral documents

7. Appendix B - Initial Condition Report: Detailed report on property condition at agreement start

8. Appendix C - Insurance Certificates: Copies of relevant insurance policies and certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Property Management

Legal Services

Financial Services

Insurance

Construction

Residential Housing

Commercial Property

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Facilities Management

Risk & Compliance

Asset Management

Operations

Finance

Administrative Services

Investment

Relevant Roles

Real Estate Lawyer

Property Manager

Legal Counsel

Notary

Real Estate Agent

Property Developer

Asset Manager

Facilities Manager

Real Estate Investment Manager

Property Administrator

Compliance Officer

Risk Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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