Easements
What easements can be entered in the land register?
Easements play an important role in the sale and purchase of real estate. Some easements are completely unproblematic for a real estate sale and do not pose any problem for the buyer.
What is meant by an easement?
Easements are entered in the land register. They are real rights to land. These rights restrict the owner of the encumbered property and grant the beneficiary the authority to use the „servient“ property to a specific extent. This extent is precisely defined. There are a total of three types of easements, namely: 1. Easement (appurtenant easement) 2. Limited personal easement 3. Usufruct
An easement does not have to be a disadvantage
An easement always affects two pieces of real estate. One property is encumbered and the other property benefits. In this context, one speaks of the servient and the dominant tenement.
An easement can take various forms. For example, it can be a right of way or a utility easement. In practical terms, this means that the beneficiary has the right to run pipelines for sewage, gas, etc., across the encumbered or servient land.
Particularly in cities, utility easements are often registered and generally have no negative impact on the sale or purchase of a property. There is also the possibility that the burdened property may be affected by building prohibitions or restrictions. For example, a minimum distance to the property boundary may be prescribed, or the height of buildings limited. Under certain circumstances, the commercial use of certain properties is also excluded or restricted.
Limited personal servitude
A personal servitude is always established for a specific person. This person can, but does not have to be, the owner of the property. The person has the right to a precisely specified use of the property, which is defined in detail. This can be, for example, the right of habitation or the right of perpetual use. Some parents make use of personal servitudes when they transfer real estate to their children.
Usufruct can restrict real estate sales
The right of usufruct is used primarily in the context of inheritance law. Here is a typical example of usufruct: Mr. Würzer appoints his son Franz as his sole heir. He grants the usufruct for the residential building that is part of his estate to his wife. As the usufructuary, she has no authority to sell the residential building or encumber it in any other way. This right can only be exercised by the owner. Real estate encumbered with a usufruct is very rarely offered on the open real estate market.
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