Easement

There are a number of ways to legally encumber real estate, one of which is easement. During easement, the owner's land plot or other real estate can be used in such a way as to grant a person the right to use this property or to prohibit the owner of this property from performing certain actions.

Easement is not applied only to land plots, it can also be applied to other real estate, for example, an apartment. The main condition for easement is that the owner of the real estate can use this property to some extent.

The rules for the acquisition of real estate apply to the establishment of an easement, i.e. a written agreement and registration in the public registry are required.

The Civil Code defines the rights and obligations of the parties.

The user of the easement must take care of the interests of the owner of the land plot. If there is a building on the land plot, then the usufructuary shall have an obligation to maintain this building as well, but it is possible by agreement of the parties that this obligation shall not arise for the usufructuary.

As for the owner, he has the right to use the building or part of it as a dwelling, for himself or his family. However, he cannot transfer this right to other persons, neither by transaction nor by inheritance.

The land plot may also be divided into two or more parts. In this case, the easement on the given land plots must be concluded separately, independently of each other, but this is used if the easement does not worsen the situation of the owner of the land plot.

The owner of the land plot must enjoy the rights provided for in the contract on the immovable property without hindrance. If the owner is prevented from exercising his right, he may demand the prevention of the prevention, and he may also demand compensation for the damage caused by the infringement of ownership. However, compensation for damage may be demanded even when it is impossible to demand the prevention of the prevention.