kinnitumist

Kinnitumist is a legal concept used in Estonia to describe the act of attaching a security interest to real property by registering an encumbrance in the land register (kinnistusraamat). It covers the establishment of rights that secure a claim against a property, most commonly a mortgage (hüpoteek) but also other encumbrances that affect the property.

Common forms of kinnitumist include mortgages and other encumbrances that secure or limit the owner's rights in relation to the property. These entries appear in the land register and create a legally enforceable claim that binds current and future owners of the property until the encumbrance is released or canceled.

The process typically involves the creditor initiating the registration, the property owner’s consent or notification, and the recording of the encumbrance in the land register. The registration documents the description of the property, the nature and scope of the encumbrance, the creditor, and the secured claim. Once entered, the encumbrance becomes enforceable and takes priority according to the applicable rules of the land register.

Effects and enforcement of kinnitumist include that the encumbrance serves as security for the creditor’s claim and may facilitate enforcement in case of debtor default, including actions related to the sale of the property to satisfy the claim. The encumbrance remains in effect until it is released, discharged, or canceled.

Regulation and governing law are primarily provided by the Kinnistusraamatu seadus and related regulations governing the registration and removal of encumbrances in the Estonian land register. Terminology and procedures are designed to standardize how security interests are created, maintained, and extinguished.