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The rights in rem that can arise from a succession under Belgian law are the right of ownership and its subdivisions, i.e.:
- usufruct (Article 745bis of the Civil Code (Code civil));
- use and habitation (Article 625 of the Civil Code);
- easement (Article 637 of the Civil Code);
- building and emphyteusis (long lease rights).
When a person becomes the holder of a right of ownership or one of its subdivisions due to this right being transferred on death, that person becomes the erga omnes holder. In other words, when such a right is transferred on death (succession or will), this transfer does not have to be recorded in a property register. Article 1 of the Mortgage Law (loi hypothécaire), which specifies the cases in which the transfer of a right in rem must be registered in order to be binding on third parties, does not refer to this case.
At this stage, no specific rules or procedures have been laid down for the adaptation of a right in rem.
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