Section III.
Nullity and non-opposability


Article 116.

1.

The acquirer can claim the invalidity of a transfer that took place in violation of the provisions of section I. This invalidity can no longer be claimed if the following conditions are cumulatively complied with:

  1. the acquirer has been put in possession of the most recently issued soil certificate or a soil certificate with content identical to the content of the most recently issued soil certificate;
  2. the acquirer has had his waiving of the invalidity claim explicitly recorded in an authentic deed.

2.

The acquirer can claim the invalidity of a transfer that took place in violation of the provisions of section II.

This invalidity can no longer be claimed if the following conditions are cumulatively complied with:

  1. the provisions of section II of this chapter have been complied with;
  2. the acquirer has had his waiving of the invalidity claim explicitly recorded in an authentic deed.

3.

The transfer of the high-risk land is non-opposable with respect to the OVAM if this transfer took place in violation of the transfer provisions for high-risk land. The OVAM can impose the following obligations on the transferor who illegally transferred the high-risk land:

1 carrying out an exploratory soil survey of the transferred high-risk land;
2 carrying out a descriptive soil survey, soil remediation, or any aftercare for the soil contamination that occurred on the transferred high-risk land and which was reasonably known to be present in this land at the time of the illegal transfer.


Article 117. In the deed providing for the transfer of the land, the executing official mentions that the provisions of Section II were applied.