Author: Mgr. Iva Čípová, 11. 05. 2021
Our lawyer Iva Čípová gave an interview about property rights to NEMO Report – specialists in screening and detecting risks when buying real estate. In the interview they discussed easements – what types of easements exist and how they apply. Iva explains how to check whether a real estate is encumbered by an easement in the Land Register, what to look out for when buying a property and how to delete the easement from the Land Register.
We present a transcript of the interview in our article, the interview was also published on the NEMO Report blog.
Generally, an easement is a form of encumbrance on real estate. An easement restricts the owner of the property in favour of another person in such a way that the owner is obliged to endure something, refrain from something or do something. A simple example is a road easement– the landowner must tolerate a person entitled to drive over his or her land.
Depending on the nature of the obligations that the property owner has, easements are divided into servitudes and real burdens. A servitude means that a real estate owner is obliged to tolerate or refrain from doing something for the benefit of another person (e.g. servitude of a real estate use, road servitude mentioned above). On the other hand, real burdens oblige the real estate owner to give or do something for the benefit of another person (e.g. obligation to provide a part of a harvest from lands). In our experience servitudes are much more common than real burdens.
Servitudes are further divided into land servitudes and personal servitudes. Land servitudes are established in favour of certain real estate and are transferable together with that real estate. Personal servitudes, on the other hand, are established for the benefit of a specific person, are not transferrable and terminate upon the death of the beneficiary (unless otherwise stipulated in the contract).
In most cases easements are created by contract. However, they can also be created by testament, by court decision and even by so-called acquisitive prescription. In case of real estate, the easement is created only by inscription into the Land Register (not by concluding a contract).
An easement can be created for a consideration or free of charge.
When checking the extract from The Land Register it is necessary to check whether the easement is listed in the title deed in part B1 or part C.
If an easement is listed in part B1, it means that it was established in favour of a real estate and therefore does not imply any restriction for you, or more precisely, it may bring you a right or some kind of a benefit. Therefore, you do not need to worry about this when you buy the property.
If an easement is listed in part C, it means that it encumbers a real estate – when buying the real estate you need to familiarise with it as much as possible, so that you are aware of what an easement will mean to you in the future and whether they will interfere with your property rights.
It always depends on a specific entry in the Land Register, therefore we recommend to have a complete extract from the Land Register where the easement is defined. To be more certain we recommend to request a contract on establishment of the easement from the real estate owner or from the Land Register, to find out what specific obligations and rights you have under the contract.
The most common types of easements are:
It is important to mention that although there are similar characteristics that define each type of easement, each individual easement has its own specific conditions and specification for that particular situation and real estate. Therefore, in any case we recommend to get an extract from the Land Register and a document (a contract) under which the easement was registered.
Deleting an easement from the Land Register is not entirely straightforward as the deletion process depends on its type. The agreement of contracting sides or a court decision is necessary. The standard procedure is to prepare an application for the deletion of the easement, officially verify the signatures of the parties, prepare a proposal for deletion of the easement and submit these documents to the Land Register. This is associated with a fee of CZK 2,000. In case of the death of the beneficiary of the easement a certified copy of the death certificate must be attached to the application for deletion of the easement.
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