An easement is an encumbrance with which an immovable property (e.g. a plot of land) is encumbered for the benefit of another immovable property. It is an obligation to tolerate or not to do something. Think for example of the easement of footpath or road, but also of the easement of overbuilding or view. The immovable property on which the burden rests is often referred to as a servient yard. The immovable property for the benefit of which the encumbrance is established is often referred to as a ruling easement.
Although it is ultimately persons who derive pleasure or nuisance from an easement, the easement attaches to the ruling and servient property respectively. Therefore, the easement cannot be transferred separately from the ruling property. Therefore, it is referred to as a right in rem. As a result, a later acquirer of the servient property is also bound by the easement.
An easement is established by notarial deed followed by registration of a copy of that deed in the land register.
Besides easements, qualitative obligations also exist. Here, the obligation is linked to an immovable property, but the right is personal. A qualitative obligation can also stipulate that a certain legal act may not be performed.
Finally, there are perpetual clauses. These are personal obligations, with an obligation to impose them on successive owners.
For more information on easements, please contact us. We will be happy to help.
