maanõigustest

Maanõigused refer to property rights related to land in Estonian law. These rights encompass a broad spectrum of legal entitlements and obligations that individuals and entities have concerning immovable property. The fundamental principles of land ownership are enshrined in the Estonian Land Code and other relevant legislation.

At its core, maanõigused define who can own, possess, use, and dispose of land. This includes rights such as outright ownership, usufruct, servitudes, and leases. Ownership grants the broadest set of rights, allowing the owner to exclude others from the property and to transfer their rights. Usufruct, on the other hand, grants the right to use and benefit from a property, even if ownership is held by another. Servitudes typically grant a right to use another's land for a specific purpose, such as a right of way. Leasehold agreements allow for the temporary use of land in exchange for rent.

The exercise of maanõigused is subject to various legal restrictions and obligations. These can include building regulations, environmental protection laws, and the need to respect the rights of neighboring landowners. The state also retains certain rights over land, such as the power of eminent domain for public purposes, albeit with just compensation. Registration of land rights in the Land Register is a crucial aspect, providing legal certainty and transparency for all parties involved. Changes in maanõigused, such as transfers of ownership or the creation of new encumbrances, must generally be registered to be legally valid against third parties. Understanding these rights and obligations is essential for any owner or user of land in Estonia.