Practice areaNetwork registrationsIn the rulings on cables of 2003, the Dutch Supreme Court determined that cables and conduits are immovable property (since then laid down by law in Article 5:20, paragraph 2). This means that a notarial deed is required for the transfer and encumbrance (by, for example, a mortgage) of cables and conduits. This is only possible if the network concerned is registered with the Land Registry office. See below for more about network registrations.
In the field of network registrations, Dirkzwager is the absolute pioneer nationally. Our dedicated team of lawyers and (junior) civil-law notaries have studied this subject-matter from the time that registration became possible in law. We have already arranged for many registrations, from small local networks to major national ones. In addition, we also provide advice and guidance in the transfer of networks (companies). Our clients are mainly telecommunications and energy companies, but other cable and conduit owners make use of our services as well. Our extensive experience and up-to-date knowledge have allowed us to develop into top specialists in this area of law.
If a company wishes to register its network, then it must be able to prove that it is the ‘authorised prime mover’ of the network. In order to be able to prove that, we check the entire history of the network based on a range of evidence, such as permits, rights in rem, agreements and correspondence. All of this is done in close collaboration with the client. If the ‘authorised prime mover’ cannot be proven but the network was laid prior to 1 February 2007, then registration is still possible on the basis of a transitional scheme that determines that ‘the entity who was acting as the owner on 1 February 2007’ is authorised to register the network with the land registry office. We can study the evidence for you as well. After our study has been concluded, registration takes place via a notarial deed, to which a network design indicating the location of the network is attached.
We provide your business legal advice and assistance with:
- checking the authorised prime mover/acting as owner
- checking with the Land Registry office for network design, network designation and land registry surveys
- drawing up a notarial deed and registration in public registers
- transfer of a network company
- assessing and drawing up (purchase) agreements
- transferring and encumbering networks
- processing expansions of and/or amendments to networks with the Land Registry office
- arranging for location rights and placement rights