hoonestusõigus

Hoonestusõigus, often translated as the right of superficies, is a limited real right in Estonian law. It grants a person the right to own a building or other structure on land that belongs to someone else. The holder of the hoonestusõigus, known as the superficiarius, has ownership of the building, but not the land itself. This right is typically established through a contract and is registered in the relevant land register.

The duration of the hoonestusõigus can be fixed or indefinite, though for a significant period, it is usually for at least 10 years. During the term of the hoonestusõigus, the superficiarius has the right to use, enjoy, and dispose of the building. They are also responsible for its maintenance and any associated costs. The land owner, on the other hand, retains ownership of the land and may receive rent or other compensation from the superficiarius.

Upon termination of the hoonestusõigus, the ownership of the building typically transfers to the landowner. The terms of this transfer, including compensation for the building, are usually stipulated in the original contract. Hoonestusõigus is a common legal instrument for facilitating construction and development, especially when the landowner does not wish to sell the land or when a developer needs to construct a building on someone else's property. It provides a framework for separating ownership of the land from ownership of the structures erected upon it.