AKMV Easement
QUESTION
I want to ask about an easement on a piece of land (arable land). I am the owner of arable land, which I currently use for planting potatoes and other agricultural crops for my own needs. My relative, who also uses this land for growing vegetables but is not the owner of the land, wants me to grant an easement so that she can use this land for as long as she wishes. She is concerned that there could be disputes between us in the future, which might lead to me prohibiting her from using my land for planting. Is it possible to establish an easement on arable land with wording such as “Person XY may use the arable land on the specific plot for agricultural activities during her lifetime”? Can any type of easement be established on real estate, or is there a regulation that defines what can be established as an easement?
ANSWER:
The legal regulation of easements is contained in Section 151n et seq. of the Civil Code. According to Section 151n(1) of the Civil Code: “Easements restrict the owner of a real estate in favor of someone else so that the owner is obliged to tolerate something, refrain from something, or do something. The rights corresponding to easements are either connected with the ownership of a specific real estate or belong to a specific person.”
The law does not exclude that the content of an easement may also include the right to use land for planting/cultivating agricultural crops. In such a case, it would be the obligation of the owner of the real estate to tolerate the use of the property by the person entitled by the easement.
Such an easement can be established by contract. In the contract establishing the easement, it is advisable to precisely define the content of the easement as well as the mutual rights and obligations, for example concerning the costs related to the property (§ 151n(3): “Unless otherwise agreed by the parties, the person entitled to use another’s property based on the right corresponding to the easement is obliged to bear reasonable costs for its maintenance and repairs; however, if the owner also uses the property, they shall bear the costs according to the degree of joint use.”)
JUDr. Veronika Michalíková, MBA QUESTION
What is the purpose of an easement consisting of the establishment of utility networks?
ANSWER:
Utility networks are infrastructure systems that provide essential services to buildings, industry, and public spaces. These include, for example:
Water supply – providing drinking water
Sewerage – drainage of wastewater and rainwater
Electrical network – supply of electricity
Gas network – supply of natural gas
Telecommunication networks – internet, telephone, television
Heating network – central heat supply
These networks are usually underground and are essential for the functioning of modern settlements.
An easement for utility networks can be established by a contract under the provisions of § 151n and following of Act No. 40/1964 Coll., the Civil Code. The contract may establish an easement consisting of the installation and placement of utility network structures for the benefit of the easement holder on the land of the easement debtor. The primary obligation arising from such an easement is the duty to tolerate the installation of the utility networks on the debtor’s property.
The legal effect of the registration arises with a final decision by the relevant district office, cadastral department, permitting the registration of the easement in the real estate cadastre. The contracting parties may agree on which of them will submit the registration proposal. The proposal must include a geometric plan marking the easement for placing the utility networks, which must be officially certified by the relevant district cadastral office.
The easement agreement may be either paid or unpaid and can be established for an indefinite period.
JUDr. Veronika Michalíková, MBA