kinnistusõigused

Kinnistusõigused refer to the rights and entitlements related to immovable property in the Estonian legal system. In Estonia, immovable property encompasses land, buildings, and any other legally attached components that are permanently connected to the land.

The Estonian Land Reform Act of 1919 provided the foundation for kinnistusõigused, allowing for the establishment of private property rights over land. Initially, the Act included provisions for the redistribution of land from large landowners to smaller scale farmers, though this aspect was later repealed.

Kinnistusõigused require that property is registered with the Estonian Land Registry, a process that records the ownership, limitations, and other relevant details. Registration is based on a title deed, which is used to establish proof of ownership. A title deed can be used to demonstrate the transfer of property from one owner to another.

Estonian law also requires that property developers and constructors register their new buildings and constructions with the Estonian Land Registry. Failure to do so may result in the property being considered 'Impossible to privatization without articles,' where ownership remains unclear.

The Civil Code of Estonia article 138, establishes that neighbouring landowners have rights to shared usage of property. These rights, unless modified by an agreement, remain in effect until the opposing parties decide otherwise. As such, easements are explicitly stated in the registries, which are instantly available for anyone to reference.

The Estonian system places a significant emphasis on clarifying kinnistusõigused to maintain a clear understanding of ownership and the rights to use and occupy immovable property. By applying the established structure of registration, the ownership of property is clear, which makes trading the property straightforward by way of transfer.