Kinnisõigus

Kinnisõigus is a term in Estonian private law that refers to a group of real rights (õigus kinnisasjale) associated with immovable property, such as land and buildings. These rights bind the property itself and continue to exist even if the owner changes, distinguishing them from personal rights that arise from obligations between specific persons. Kinnisõigus is primarily governed by the Estonian Civil Code and related legislation, and is recorded in the land register (kinnistusraamat) to provide public notice and establish enforceability against third parties.

Real rights on immovables are created by law or by an agreement and are typically established or clarified through registration in the land register. The register provides a reliable, public record of who holds which real rights and any encumbrances on a property, which is essential for transfers and financing of real estate.

Types of kinnisõigus include, in general terms, ownership rights, co-ownership, servitudes or easements that grant certain use rights to a third party over another’s property, and other limited real rights such as rights of use or restrictions tied to a specific parcel. Mortgage or other security interests may also be registered as real rights, giving the holder a claim against the property in case of default. The exact scope and application of these rights are determined by statutory provisions and contractual agreements, as well as by the rules of registration and priority in the land register.

Protection and transfer of real rights rely on their attachment to the property and on accurate registration. Real rights can be transferred, restricted, or extinguished through agreement, sale, or the cessation of the underlying basis, with changes typically requiring formalities such as written agreements and/or updated registration. Real rights differ from personal rights, which apply to and against a particular person rather than against a property.