Agreement on the establishment of an easement

Agreement on the establishment of an easement

Encumbrances belong to the so-called real rights to another's thing and their function is to ensure to the authorized subject the relevant right to another's thing - real estate, which is carried out in such a way that the owner of the encumbered thing is limited in his ownership in a specified way. As a result, it is the use of the benefit of someone else's thing. An encumbrance can only be established on someone else's immovable property (e.g. a house, apartment, land).

Pursuant to the provisions of the Civil Code:

Encumbrances restrict the owner of real estate for the benefit of someone else so that he is obliged to suffer something, refrain from something or do something. The rights corresponding to encumbrances are connected either with the ownership of a certain real estate or belong to a certain person. Encumbrances associated with the ownership of the property are transferred to the acquirer with the ownership of the thing.

Encumbrances are created by a written contract, on the basis of a will in connection with the results of inheritance proceedings, by an approved agreement of the heirs, by a decision of the competent authority or by law. The right corresponding to an encumbrance can also be acquired by exercising the right (holding). In order to acquire the right corresponding to encumbrances, a deposit is required in the real estate cadastre. The owner of the real estate can establish an encumbrance by contract.

If the owner of the building is not the owner of the adjacent land at the same time and the owner's access to the building cannot be ensured otherwise, the court may, at the proposal of the owner of the building, establish an easement in favor of the owner of the building consisting of the right of way through the adjacent land.