Easement/Servitude
A property right that grants the right to use another's real estate in a specific way, such as for access or utility installation.
An easement is a property right that encumbers one real estate (servient) for the benefit of another real estate (dominant) or a specific person. An easement grants the right to use another's property in a specific way.
Types of easements:
- Right of way - right to drive or walk across another's property
- Utility easement - right to place pipelines, cables
- Water easement - right to use a water source or drain water
- View easement - prohibition to block a view
- Building easement - restrictions on construction
Establishment of easement:
An easement can be established:
- By contract - agreement between owners
- By court decision - compulsorily if there is no other access
- By testament - within inheritance
- By prescription - long-term use under certain conditions
Easement registration:
For an easement to be valid against third parties, it must be registered in the land register. Registration requires:
- Contract or court decision
- Easement plan (prepared by surveyor)
- Owner consent
Easement representation:
Easements are shown in the land boundary plan and cadastre. The surveyor determines the precise location and area of the easement required for its registration.
Termination of easement:
- If dominant and servient properties merge into one property
- If the easement user renounces their rights
- If the term expires (in term easements)
- By court decision
Easements significantly affect real estate value and use possibilities, so it is important to check land register entries before purchasing property.