Pääsõigus

Pääsõigus is an Estonian term that translates to "right of access" or "access right." It broadly refers to the legal or customary entitlement to enter, use, or traverse land or property belonging to another person. This concept is fundamental in property law and governs how individuals can interact with and cross neighboring or public lands.

There are several types of pääsõigus, each with specific conditions and limitations. One common form is a legal servitude (servituut), which is established through a contract or court order and grants specific rights to a property owner, such as a right of way across another's land to reach their own property or a public road. This is often referred to as a "kasutusservituut" or "kõrvalkinnistu kasuks seatud servituut."

Another aspect of pääsõigus involves public access rights, where certain areas, like coastlines or forests, may be open to the public for recreation under specific regulations. Historically, traditional rights of way, often unwritten but recognized, also fall under this umbrella. The exercise of pääsõigus is typically balanced against the rights of the property owner to privacy and security. Disputes regarding pääsõigus can arise and are usually resolved through negotiation, mediation, or legal proceedings to determine the validity and scope of the access right.