Encumbrance

An encumbrance is any type of legal restriction relating to real estate that limits the owner's full rights of disposition. Encumbrances are registered in the land register and are binding on subsequent owners as well.

Types of encumbrances:

• Mortgage - pledge right for loan security
• Easement - rights to use another's property in a specific way
• Building right - rights to build on another's land
• Lease right - long-term lease registration
• Alienation prohibition - prohibition to sell property
• Enforcement mark - debt collection process mark
• Protection zones - statutory restriction zones

Types of protection zones:

• Watercourse and water body protection zones
• Road protection zones
• Railway protection zones
• Power line protection zones
• Gas pipeline protection zones
• Cultural monument protection zones

Importance of encumbrances in transactions:

Before purchasing real estate, it is essential to check all encumbrances:

• They affect property use possibilities
• They can affect property value
• They transfer to the new owner
• Some encumbrances may hinder transaction completion

Connection with surveying:

Surveyors document encumbrances:

• Determining easement area and location
• Depicting protection zones on topographic plans
• Preparing encumbrance maps
• Determining boundaries in protection zone territories

Checking encumbrances:

Encumbrances can be checked:

• In the land register - legal encumbrances
• In the cadastre information system - protection zones and use restrictions
• In municipal spatial planning - planning restrictions

Complete research of encumbrances is essential both in real estate purchasing and construction planning processes.