servituudid

Servituudid, in Estonian law, are real rights that burden land in order to benefit another property or a person. They are a form of encumbrance attached to a property (kinnisasi) and bind current and future owners of the land. Servitudes regulate how land can be used and what rights a neighbor or a holder of another parcel may exercise on the burdened land.

There are two main categories. Praedial servitudes benefit a dominant parcel of land and burden a servient parcel. Examples include a right of way across another’s land, rights to access water, or rights to lay utility lines. Personal servitudes confer a benefit on a specific person rather than on a property, such as a right to use a dwelling or receive a benefit for a defined period. Despite this distinction, both types are typically registered in the land register and run with the land, making them enforceable against successors in title.

Creation and duration are generally governed by contract, agreement during land transactions, or by statutory provisions and court orders. Most servitudes must be registered to be enforceable against third parties. They can be permanent or time-limited and may terminate by expiration, by release of the right, by merger of dominant and servient estates under a single ownership, or by certain legal events.

Effects on property value and use can be significant: servitudes can enhance access, utility connections, or shared infrastructure, while limiting certain uses of the servient land. Proper registration and clear terms are essential to prevent disputes between neighboring landowners.