servitusõigus

Servitusõigus is a legal concept originating from Estonian civil law that translates to "right of servitude." It refers to a real right that grants a person or entity the right to use or derive benefit from another person's property. This right is established for the benefit of another property (predial servitude) or for the benefit of a specific person or entity (personal servitude).

Predial servitudes typically involve rights such as the right of way, the right to draw water, or the right to lay pipes. For instance, a landowner might grant a neighbor a right of way across their property to access a public road. Personal servitudes are less common and are usually established for a specific individual, often for life.

Servitusõigus is a limited right, meaning it only allows for specific uses and does not grant ownership of the property. It is a right in rem, meaning it is tied to the property itself and generally remains even if the ownership of the burdened property changes. The establishment and termination of servitudes are typically governed by Estonian law and often require formal registration. The specific terms and scope of a servitude are usually defined in a contract or legal document.