rasiteoikeuden

Rasiteoikeuden is a burdening real right attached to a property (the servient estate) in favor of another property or its owner (the dominant estate). It is a form of real right (reaalioikeus) that restricts the use of the burdened land to benefit the other party. Rasiteoikeuden runs with the land and remains enforceable against current and future owners of the servient estate.

Rasiteoikeuden can arise through contract between the property owners, by a decision of a public authority, or by court decision. For third parties to be bound, the right is typically entered into the land register, making it effective against successors in title. The scope of the right varies; common examples include a right of way for passage, the right to install, maintain and repair utilities (such as water pipes, electricity or telecommunications lines), or other limitations on the use of the servient land to safeguard the needs of the dominant land.

Obligations on the servient estate owner may include permitting access, allowing maintenance work, or refraining from actions that would impair the right. The dominant estate owner gains a secured use or service, but does not obtain ownership of the servient land. Rasiteoikeus can be established for a fixed term or indefinitely, and it ends by agreement, expiry of the term, disappearance of the purpose, or through formal termination procedures.

In Finnish law, rasiteoikeudet are regulated within real estate law and related statutes, and their creation, modification, or termination typically involves registration in the land register and, if needed, court or administrative procedures.