Überliegend

Überliegend is a German term that translates to "lying over" or "superimposed" in English. It is most commonly encountered in the context of property law, specifically concerning easements or servitudes.

In legal terminology, an überliegend refers to a right that burdens one piece of land (the servient tenement) for the benefit of another piece of land (the dominant tenement). This right allows the owner of the dominant tenement to use or restrict the use of the servient tenement in a specific way. For instance, a common überliegend might be a right of way, allowing the owner of one property to cross another to access their own land. Another example could be a right to light, preventing the owner of the servient tenement from building in a way that blocks the light to the dominant tenement's windows.

The concept of überliegend highlights the principle that land ownership is not absolute and can be subject to certain rights held by others. These rights are typically registered against the title of both properties to ensure transparency and enforceability. The specific nature and extent of an überliegend are usually defined in a legal document, such as a deed or contract, which is then recorded in the land registry. Without such a registered right, one piece of land cannot typically impose a burden on another.