rasiteoikeus

Rasiteoikeus is a real right that burdens one piece of land (the servient estate) for the benefit of another piece of land (the dominant estate). It is a form of encumbrance that runs with the land and binds current and future owners of the servient estate to respect the right.

The right can be created in several ways, including a contract between the owners, subdivision or division of land, a court decision, or other statutory mechanisms. For the right to be enforceable against third parties, it must typically be registered in the real estate register. The exact scope and limitations of the rasiteoikeus are defined in the instrument that creates it, specifying what use is allowed, where access may occur, and any duties of maintenance or restrictions.

Common examples include a right of way for passage, and the right to lay, maintain, and access utilities such as electricity, water, gas, or telecommunications lines. The dominant estate exercises the right in accordance with the terms agreed or ordered, while the servient estate owner must tolerate the presence and use of the burdened land and permit access as needed.

Costs and maintenance are usually addressed in the creation document: the dominant estate typically bears the costs related to exercising the right, while the servient estate bears costs for maintaining and repairing the burdened portion if necessary. If damages arise from exercising the right, compensation may be payable under the terms of the agreement or applicable law.

Termination or modification of a rasiteoikeus occurs through mutual agreement, when the purpose ceases to exist, by merging the estates under a single owner, or by court decision. It remains a lasting encumbrance until formally ended.