Easement — Types and Effects on Real Estate

What an easement is and where it comes from

An easement is a limited property right that encumbers real estate for the benefit of another person or another property. The entitled party may, to a defined extent, use someone else's real estate or demand that its owner refrain from certain actions. This institution is regulated in the Civil Code and is intended to reconcile the interests of neighbouring owners or to secure the needs of specific persons.

A characteristic feature of an easement is that it binds the property, not merely its current owner. This means that, as a rule, the encumbrance persists even after the property is sold, and the new owner must respect it if it was effectively established.

Land easement

A land easement is established for the benefit of the successive owner of another property, known as the dominant land, and encumbers the servient property. A classic example is the easement of a necessary road, which provides access to a plot lacking adequate access to a public road. This right passes automatically to subsequent acquirers of both properties.

A land easement should increase the usefulness of the dominant property while encumbering the servient property only to the necessary extent. Its content may cover both the use of someone else's land and a restriction on the owner in exercising their powers.

Personal easement

A personal easement is established for the benefit of a specific, named natural person and expires at the latest upon their death. The most common variety is the easement of dwelling, which gives the entitled person the right to occupy a given premises for life. This right is strictly tied to the person and is subject neither to inheritance nor, as a rule, to disposal.

This type of easement often arises in connection with gifts of real estate between family members, when the donor wishes to secure the right to continue living there. For the acquirer of such property, this means having to reckon with the presence of the entitled person.

Transmission easement

A transmission easement is a relatively recent variety and was introduced into the Civil Code with infrastructure facilities in mind, such as power lines, gas pipelines or water supply networks. It is established for the benefit of an entrepreneur who owns, or plans to build, transmission facilities on someone else's land.

The owner of the encumbered property may be entitled to remuneration for establishing such an easement. It is worth paying attention to it when buying a building plot, because the course of the network may limit development options.

Establishment, expiry and effect on value

An easement on real estate most often arises by way of a contract, whereby the declaration of the owner of the property being encumbered usually requires the form of a notarial deed. It may also be established by a court ruling or acquired by prescription. For the security of transactions, the entry in the land and mortgage register is important, as it discloses the encumbrance to third parties.

An easement can be a source of a real reduction in the value of a property, especially when it significantly limits the freedom to use it. Therefore, before buying, one should carefully analyse the content of Section III of the land and mortgage register and establish the actual scope of the encumbrance.

Summary: why it is worth checking easements

An easement is a lasting encumbrance on a property, which may survive a change of owner and genuinely affect the way the land or premises is used. Distinguishing between land, personal and transmission easements makes it possible to assess who the right concerns and how long it will remain in force. Before any transaction, it is worth verifying the entries in the land and mortgage register and the actual state of affairs, in order to consciously assess the risk and value of the property.