An easement appurtenant constitutes one of the fundamental limited rights in rem, intended to ensure the proper use and enjoyment of real property. It consists in encumbering one property (the servient tenement) for the benefit of the owner for the time being of another property (the dominant tenement), within a defined scope.

In practice, easements play a crucial role both in real estate transactions and in development and investment processes.

Our Law Firm provides comprehensive legal services in matters concerning the establishment, exercise, and termination of easements.

 

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Types of Easements

Depending on the needs and the manner of use of a property, easements may take various forms.

The most common include:

• rights of way (rights of passage and right of vehicular access) – enabling access to a property, 
• easement of necessity – ensuring that the property may be used in accordance with its intended purpose.
• fixed-term easements – established for a specified period, often in connection with investment projects, 
• perpetual easements – ensuring a lasting mode of use of the servient property. 

Such easements are widely used in construction and development processes, where it is necessary to secure access to a public road, utilities, infrastructure, or neighbouring plots.

  

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Easement of Necessity (Right of Way of Necessity) – A Guarantee of Ownership Rights

A specific type of easement is the easement of necessity, established where a property lacks adequate access to a public road.

It has a guarantee function, ensuring the effective exercise of ownership rights by:

• enabling access to and from the property, 
• ensuring access to utilities and infrastructure, 
• eliminating the isolation of the property. 

Proceedings for the establishment of an easement of necessity require a careful balancing of the interests of the owners of both properties, as well as adherence to the principle of imposing the least possible burden on the servient land.

 

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Acquisition, Modification, and Extinguishment of Easements

An easement may arise not only by agreement or court ruling but also by way of acquisitive prescription, provided that it has been exercised continuously and in a visible manner for the statutory period.

Our Law Firm specializes in handling cases concerning:

• declaration of acquisitive prescription of an easement, 
• modification of the content or manner of exercise of an easement, 
• declaration of extinguishment of an easement (e.g. due to non-use or loss of significance for the dominant tenement). 

We provide support in the assessment of factual circumstances, collection of evidence, and representation before the courts.

 

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Our Expertise – Amicable and Court Proceedings

We have extensive experience in handling matters relating to easements at every stage of their lifecycle.

Our services include:

• legal advice on the establishment of easements, 
• negotiation and drafting of agreements between property owners, 
• representation in court proceedings, 
• comprehensive legal support for investors in securing access to real property. 

Our objective is to develop legally compliant and effective solutions enabling the proper use of real property, while minimising legal risks.

  

Please contact us for professional legal assistance in matters concerning easements.