Property rights can be limited in some way, for example by an easement that restricts the rights of the property owner. What exactly is meant by this term?
What is an easement?
The easement orders the owner of the property to either do something or refrain from doing something, for the benefit of another person or the property. Typical is for example co-ownership of parents and children, where the property has passed into the ownership of the children, but the parents have to let them live there by virtue of the easement. Another typical example is the obligation to provide passage through the property.
How does the easement arise and how does it terminate?
An easement is usually created by contract, by law, by will, by inheritance, by agreement of heirs, by court decision.
The termination occurs in particular by a written contract, by a decision of a competent authority, by law, or by fulfilling certain conditions. This is usually due to deletion from the land register, a permanent change that makes the easement unusable, or the death of the persons concerned.
What types of easements do we know?
Both movable and immovable property can now be an easement in rem, there are 2 types:
- Easements where the property owner has to not act or tolerate something. Typical examples include utility easements, road easements, rights of way and storm water drainage rights.
- Real burdens for which active action is needed.