Right of way easements in Romania
Civil lawyer in Romania. Land register in Romania
According to the New Civil Code, an easement is a burden that encumbers a property for the use or utility of another property owner. In other words, an easement of passage is the right that allows the owner of one property to use, in a limited manner, another adjacent property.
An easement of passage can be established through a legal act, which can be a convention or a legacy. The convention for establishing an easement right must always be concluded in authentic form, as an easement is a real estate right and is subject to registration in the land register in Romania.
In principle, any type of easement can be established as long as it does not impose a personal obligation on the owner of the servient estate and does not contravene public order.
The Romanian law firm Pavel Mărgărit and Associates recommends seeking the services of a civil lawyer in Romania and a real estate litigation lawyer in Romania to assist you in drafting the convention concerning an easement of passage, in order to establish the rights and obligations, and to define the conditions for exercising the passage. Furthermore, a lawyer for private property in Romania can represent you before the notary public for the authentication of the act for the easement rights and the registration of the easement in the land registry excerpt to ensure it is opposable to third parties.
Real estate lawyers in Romania. Right of ownership
As mentioned above, an easement of passage allows the owner of a property (called the dominant estate) to use, in a limited manner, another adjacent property (the servient estate). The conclusion of a convention concerning an easement of passage is usually necessary in cases where a piece of land is surrounded by other lands and does not have direct access to a public road. In such situations, the owner of the land without access may request passage over a neighboring property to reach the public road.
In the legal framework, the terms dominant estate and servient estate are used to refer to the land that benefits from an easement of passage and the land that bears the easement, respectively, meaning the land through which passage is allowed.
A civil lawyer in Romania or a real estate litigation lawyer in Romania can assist you in properly drafting a convention for easement rights to avoid conflicts that may arise from the way these rights are exercised or due to damages caused.
Real estate litigation lawyer in Romania. Private property in Romania
Once a convention regarding an easement of passage is concluded, rights and obligations arise for both parties. Thus, the right of possession over a servient estate is limited by the existence of an easement of passage. Although the holder of the right of ownership exercises all attributes of property rights, they must respect the right of possession related to passage on the dominant estate. Therefore, they cannot block or impede the existence of the easement of passage and have the right to use the easement to ensure access to their property. The Romanian law firm Pavel Mărgărit and Associates emphasizes the importance of consulting real estate lawyers in Romania or a civil lawyer in Romania regarding the dominant and servient estates to concretely establish the limits imposed by an easement, the legal implications of easement rights, and the right of possession in Romania and private property in Romania in such situations, as well as for resolving any disputes that may arise between the owners of a dominant estate and a servient estate.
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Lawyer for easement rights. Right of possession in Romania
To be opposable to third parties, the easement must be registered in the land register in Romania, serving as evidence of the existence of the easement rights for both the owners of the estates and other interested parties. This proof is provided by a land registry excerpt, which includes information about all existing easements on the servient estate, ensuring that potential buyers or creditors are informed of any burdens associated with the property. A land registry excerpt is an essential tool for verifying real rights and encumbrances before making a decision to purchase or lend.
The Romanian law firm Pavel Mărgărit and Associates offers legal services at a high professional standard in various practice areas, including those concerning easements of passage, the right of ownership, and private property in Romania. Our team demonstrates a complex understanding of the regulations regarding property rights, providing clear and effective legal solutions to all clients who have sought the services of a civil lawyer in Romania, real estate lawyers in Romania, or a real estate litigation lawyer in Romania.
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