Limited Rights in Rem

Limited rights in rem are rights established over real estate in favour of a person other than the owner and enforceable against everyone; easements and real estate pledges form the two main parts of this field. The creation, registration and determination of the scope of appurtenant easements such as rights of way, conduits, springs and water, and building restrictions, and of personal servitudes such as usufruct, the right of habitation (sükna) and the right of superficies, together with actions arising from the obstruction of their exercise, are the main subjects of this field.

As regards real estate pledges, the drafting of mortgage agreements and official deeds, mortgage ranks, the distinction between maximum-amount and fixed-amount mortgages, enforcement proceedings for the realisation of mortgages and objections thereto, and actions for the release (fek) of mortgages fall within this field. The cancellation of an easement whose purpose has ceased, compensation disputes arising from the creation of easements by expropriation, and the registration of the right of superficies as an independent and permanent right on a separate page of the land register are also included.