Establishing a Real Easement: Legal Framework
A real easement is a charge on an immovable property that grants the owner of another immovable (dominant tenement) the right to use the burdened property (servient tenement) in a specific manner. In Estonia, this is governed by the Law of Property Act (Asjaõigusseadus - AÕS) § 172–183.
The Procedure for Establishment
To establish a real easement, the owners of the involved properties must enter into a notarially authenticated agreement pursuant to AÕS § 173 (1). This agreement defines the scope and nature of the easement. Once signed, an application must be submitted to the Land Registry (Kinnistusraamat) to register the right.
Key Legal Requirements:
- Registration: Under AÕS § 173 (2), the easement only becomes legally binding upon its entry into the Land Registry. Registration provides public notice and legal certainty.
- Benefit to the Property: A real easement must provide a tangible benefit to the dominant tenement. It is attached to the land, not the individual owner.
- Compensation: While parties may agree on a fee for the easement, it is not a mandatory legal requirement unless specified by the parties.
Common Use Cases
Easements are most frequently established to ensure access to a property (right of way) or to allow for the installation of utility networks (pipelines, cables). If neighbors cannot reach a mutual agreement, a court may impose a compulsory easement, though this is considered a measure of last resort.
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