Buying a House with an Easement

Question

Hello, my husband and I want to buy a smaller family house, but there is an easement indicated on the title deed. What could it be, and how would it limit us after the potential purchase? Thank you. Best regards, Lucie Zárybná.

Answer

Easements (since 2014 also called servitudes) are real rights attached to someone else’s property, dating back to ancient Rome. They usually impose an obligation on the person burdened by the easement (the “obliged party”) to tolerate certain restrictions or refrain from certain actions for the benefit of another (the “beneficiary of the easement”). Today, we most commonly see easements for utility networks crossing private land, or easements granting access to the property. For apartments and houses, it is not uncommon for the registry to note an easement for use, usually connected with the lifetime of the original owner.

An easement arises based on a written agreement, a will in connection with inheritance proceedings, an approved agreement of heirs, a decision of the relevant authority, or by law. These easements are either attached to a specific person, ending upon their death, or attached to the property, in which case they transfer to the new owner along with the property.

Easements can be terminated by a decision of the relevant authority, by law, or by agreement of the parties (recommended). If there is a gross disproportion between the easement and the benefit to the beneficiary, a court may decide to limit or cancel the easement in exchange for reasonable compensation.

Restrictions on ownership rights and the obligations arising from them constitute a complex legal process with many pitfalls. Whether you are the obliged party or the beneficiary and are considering selling or buying property, you should definitely consult a reputable law firm or real estate company experienced in this area.

Thank you for your question.

JUDr. Oldřich Platil

Head of Legal Department