kasutusõigus

Kasutusõigus is a real right in Estonian private law that gives a person the right to use another person’s immovable property or part of it for a defined purpose and period, without transferring ownership. The holder may use the property as agreed, while the owner retains title and certain ownership-related rights. The right is typically created by contract but can also arise by law or by will, and it is usually enforceable against third parties when registered in the land register (kinnistusraamat) as a burden on the property.

The scope of a kasutusõigus is limited to the purpose and area specified in the title and contract. It does not confer ownership or disposal powers over the property. Examples include a right of way across a parcel, a right to draw water, or the right to use a building or its part for a particular activity. The holder must use the property in accordance with the agreed purpose and refrain from causing undue damage; the owner may impose reasonable restrictions and may require restoration or compensation if the right ends.

Termination and transfer depend on the terms: it ends at the expiry of the term, upon fulfillment of the purpose, by mutual agreement, or due to breach or major change in circumstances. Transfer to another party is possible if the agreement allows it or if a new agreement is made. Kasutusõigus plays a significant role in property transactions, inheritance planning, and land-use regulation by balancing the owner's control over the asset with the beneficiary’s need to use it.