kinnistavad

Kinnistavad is a term used in Estonian property law to refer to encumbrances or burdens that are registered against a real estate in the land register (kinnistusraamat). These entries represent rights or obligations that affect the property and limit or conditions how the owner may use or transfer it. Kinnistavad are public records and are binding on current and future owners as long as they remain registered.

Common examples of kinnistavad include mortgages or other security interests that secure a loan, easements or servitudes that grant third parties specific rights to use parts of the property, and various restrictions on use, subdivision, or development. The exact nature of a kinnistav is described in the registration entry, which specifies the scope, duration, and parties involved.

Formation and removal process typically involve a legal instrument or decision and must be registered in the land register to become binding. Creation can occur through contract between parties, court orders, or statutory provisions. Cancellation or modification requires corresponding registration, and often the consent of the affected party or fulfillment of conditions.

Impact and relevance: kinnistavad affect property value, transferability, and the obligations of owners. Buyers and lenders routinely review the land register to identify any encumbrances before completing a transaction. Due diligence is advised to understand the rights, duties, and potential limitations that a kinnistav imposes on a property.