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.