omandiõiguses

Omandiõigus is a fundamental concept in Estonian civil law, referring to the legal right of ownership over property. It encompasses the powers of a person to possess, use, and dispose of their property as they see fit, within the bounds of the law. This right is protected by the Constitution and further elaborated in the Law of Property Act.

The core elements of omandiõigus include the right of possession (valdus), which is the physical control over the property; the right of use (kasutus), which allows the owner to benefit from the property; and the right of disposal (käsutus), which grants the owner the power to transfer, sell, gift, or otherwise alienate the property. These rights are typically exclusive, meaning the owner can prevent others from interfering with their property.

Omandiõigus can be acquired in various ways. These include original acquisition, such as through creation or finding property, and derivative acquisition, where ownership is transferred from a previous owner, for instance, through purchase, inheritance, or donation. The transfer of ownership, particularly for real estate, often requires registration in the relevant land register to be legally effective against third parties.

The law also provides mechanisms to protect omandiõigus. If an owner's rights are infringed, they can seek legal remedies, such as claiming the return of the property or compensation for damages. However, omandiõigus is not absolute and can be subject to limitations, such as easements, public law restrictions, or the exercise of eminent domain for public interest purposes, always with just compensation.