omandiõigu

Omandiõigus refers to the legal right of ownership over property. In Estonian law, omandiõigus encompasses a bundle of rights, including the right to possess, use, and dispose of a thing. This means that the owner has the authority to control the physical item, benefit from its use, and transfer it to others through sale, gift, or inheritance. The concept is fundamental to property law and provides legal certainty for individuals and entities regarding their possessions.

Ownership can be acquired in various ways, such as through purchase, inheritance, or creation. The law also outlines circumstances under which ownership can be lost, such as by selling the property or if it is lawfully confiscated. Protection of omandiõigus is a core principle, with legal remedies available to owners whose rights are infringed upon. This includes the right to reclaim property from unlawful possession.

The scope and limitations of omandiõigus can be influenced by various factors, including public interest and the rights of others. For instance, zoning regulations or easements can restrict an owner's absolute freedom to use their property. Estonian law generally presumes that a person in possession of a movable item is its owner, simplifying many transactions. However, for immovable property like land, ownership rights are typically registered in a public land registry to ensure transparency and prevent disputes.