parendamisõigused

Parendamisõigused, often translated as rights of improvement, is a legal concept primarily found in property law, particularly in civil law jurisdictions. It refers to the rights that a person, who has made improvements to another person's property, may have to claim compensation or other remedies for those improvements. These rights typically arise when a person has acted in good faith, believing they had the right to make the improvements, but later discovers their title to the land is defective or they do not own the property.

The core idea behind parendamisõigused is to prevent unjust enrichment. If someone has significantly enhanced the value of a property through their labor and materials, and they are then dispossessed of the property, it would be inequitable for the owner to retain the benefit of those improvements without any compensation. The specific conditions under which these rights arise and the extent of compensation vary by jurisdiction and the specific circumstances of the case.

Generally, for parendamisõigused to be recognized, the improvements must have been made in good faith, meaning the improver was unaware of any defects in their title or ownership. The improvements must also be separable from the land, or their value must be demonstrably increased by the improvements. Remedies can include the right to remove the improvements, a right to be compensated for the increased value of the land, or in some cases, a right to purchase the land at a fair market price. The legal framework surrounding parendamisõigused aims to balance the rights of property owners with the principles of fairness and equity towards those who have genuinely improved their land.