If you’re planning to divide land in Sint Maarten with a partner or investor, you might run into a frustrating roadblock: the deed says “no subdivision allowed.” Whether due to zoning restrictions, title conditions, or planning limitations, the Kadaster won’t permit a formal split of the parcel.
But don’t worry — there’s a legal workaround that’s fully recognized in Sint Maarten real estate law: apartment rights.
What Are Apartment Rights in Sint Maarten?
Apartment rights (Dutch: appartementsrecht) allow you to divide ownership of a single parcel into separate, registrable units, even if the land itself can’t be subdivided. Each unit gets its own cadastral number, can be mortgaged independently, and has exclusive use rights.
This legal structure is commonly used for multi-unit buildings, but it’s also ideal for land-based co-ownership — especially when you want to build two homes on one lot in Sint Maarten.
How to Create Apartment Rights — Step-by-Step Guide
1. Agree on the Land Division
You and your co-owner must agree on:
- Which portion of the land each person will use
- What areas will be shared (e.g. driveway, retaining wall)
- The value ratio (e.g. 52.94% / 47.06%) for cost-sharing and voting
2. Hire a Real Estate Notary in Sint Maarten
The notary will:
- Draft the deed of division (splitsingsakte)
- Use the model regulation from Form P.B. 2007 No. 58
- Define exclusive use zones and common areas
- Assign value percentages for financial and legal clarity
3. Prepare a Site Sketch
You’ll need a site drawing showing:
- Boundaries of Unit A and Unit B
- Shared infrastructure
- Total square meters per unit
This sketch is annexed to the deed and submitted to the Kadaster of Sint Maarten.
4. Register with the Kadaster
Once the notary files the deed and sketch:
- Each apartment right receives its own cadastral registration
- Owners can register mortgages independently
- Ownership is legally recognized and enforceable
Why Apartment Rights Matter in Sint Maarten
- Financial Independence: Each owner can finance, sell, or renovate their unit without affecting the other.
- Legal Protection: Clear boundaries and shared cost rules reduce disputes.
- Regulatory Compliance: You stay within zoning and planning rules, even if the land can’t be subdivided.
Pro Tip for Property Owners
If you’re working with a legal facilitator like Lerone Enterprises N.V., make sure they help you:
- Draft a modular co-ownership agreement
- Prepare Annex A for financial and operational rules
- Coordinate with the Kadaster and notary early in the process
This ensures your apartment rights structure is legally sound, future-proof, and bankable.
Final Thought
Just because a deed says “no subdivision” doesn’t mean your project is dead. Apartment rights in Sint Maarten offer a powerful, legal, and flexible way to share land — without sharing headaches.
Need help structuring your agreement or preparing for Kadaster registration? That’s exactly what we do. Reach out to Lerone Enterprises for expert guidance on property law, apartment rights, and real estate compliance in Sint Maarten.
