servituudiõigused

Servituudiõigused, commonly translated as servitudes or easements, are legal rights that grant a person or entity the use of another person's property for a specific purpose. These rights are typically registered in the land register and are binding on subsequent owners of the property. Servitudes can be established for various reasons, such as to allow access across a neighboring property, to run utility lines, or to maintain a view.

There are two main types of servitudes: real servitudes and personal servitudes. Real servitudes are attached to the land itself and benefit a neighboring property. For example, a right of way across one plot of land to reach another is a real servitude. Personal servitudes, on the other hand, are granted to a specific individual or entity and are not transferable. An example might be a right to use a certain part of a property for personal enjoyment, which ends with the death of the beneficiary.

The establishment of a servitude usually requires an agreement between the property owner and the beneficiary, often formalized through a notarial deed. The scope and limitations of the servitude are clearly defined in the agreement. Servitudes can be terminated under certain circumstances, such as by mutual agreement, by the expiration of a set term, or if the purpose for which the servitude was created ceases to exist. The concept of servitudes is important for ensuring the efficient use and enjoyment of land, particularly in areas where properties may be landlocked or require shared access to essential services.