Ehituskasutusõigus

Ehituskasutusõigus, often translated as building use right or right of building use, is a legal concept in Estonia that pertains to the right to utilize a building or a part thereof. It is closely linked to property rights and is a crucial element in the ownership and usage of real estate.

In essence, ehituskasutusõigus establishes the legal basis for a person or entity to possess and make use of a constructed property. This right is typically acquired through ownership of the land on which the building stands, or through other legal arrangements such as long-term lease agreements or easements, depending on the specific circumstances and Estonian property law. The scope and limitations of the ehituskasutusõigus are often defined by legal documents, including property deeds, building plans, and relevant legislation.

The concept is particularly important in situations involving multi-unit residential buildings or commercial properties where multiple parties may have rights to different parts of the same structure. For instance, in an apartment building, each apartment owner has an ehituskasutusõigus for their individual unit, while also sharing in the common areas based on their ownership share. Understanding and properly documenting ehituskasutusõigus is vital for avoiding disputes and ensuring clear property rights for all stakeholders. It governs how a building can be occupied, modified, and managed within the legal framework.