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Law of Property Act (1993).

Country
Type of law
Legislation
Date of original text
Date of latest amendment
Source


Abstract
This Law of Property Act of Estonia was enacted on 9 June 1993. The latest amendments to the Act were made on 30 January 2019.
The Law of Property Act provides for real rights, their content, creation and extinguishment and is the basis for other laws regulating real rights. Real rights are ownership (right of ownership) and restricted real rights: servitudes, real encumbrances, right of superficies, right of pre-emption and right of security. The law may provide for other real rights as well. All owners have equal rights unless otherwise provided by law. The property of a legal person or a legal person shall not belong to other persons. The Act further provides for possession; land register; ownership; movable property ownership; immovable property ownership; real servitudes; personal servitudes; real encumbrances; right of superficies; right of pre-emption; right of security; security over movables; and real security.
WATER. The Act also provides that a water body within the boundaries of one immovable belongs to the owner of the immovable. The part of a water body within the boundaries of several immovables which belongs to each shore-owner shall be between the perpendicular imaginary lines drawn from an imaginary line in the middle of the water body to the shore boundary markers of the corresponding owner, or between the imaginary lines drawn from the centre of the water body to the shore boundary markers of the corresponding owner, unless otherwise provided by law or the agreement (§ 131). A dried-up riverbed or an island created in a river is in the ownership of the owners of the nearest shores. The part of a riverbed or island which is between the perpendicular imaginary lines drawn from an imaginary line in the middle of the river to the shore boundary markers of the corresponding owner is in the ownership of the shore-owner. A piece of land which is torn from one immovable and carried to another by a current or other force of nature becomes part of the other immovable if the piece of land firmly joins with it. The former owner may demand compensation for the torn away piece of land according to the benefit to the new owner (§ 132). Immovable property ownership extends to the shore-line of the public water body. The shore-line is the ordinary boundary of water of the water body. If a construction permanently attached to the bottom of the public water body is permanently attached to the shore, the construction is an essential part of the immovable on shore (§ 133). Immovable property ownership does not extend to ground-water (§ 134).
ENVIRONMENT. The Act, among others, further provides that the owner of an immovable does not have the right to prohibit the spread of gas, smoke, steam, odour, soot, heat, noise, vibrations and other such nuisances coming from another immovable to the owner's immovable unless this significantly damages the use of the owner's immovable or is contrary to environmental protection requirements. The intentional direction of nuisances to a neighbouring immovable is prohibited (§ 143).
MINERALS. The Act also provides that immovable property ownership does not extend to mineral resources the list of which shall be provided by law. The procedure for use of mineral resources and the preferential right of the owner of an immovable to use the mineral resources specified in subsection (1) of this section shall be provided by law (§ 130). Pursuant to the procedure provided by law, a usufructuary may use the mineral resources and forest to the extent necessary for regular management of the immovable (§ 218-3).
Entry into force notes
1 December 1993.
Notes
Consolidated version of the Act, as last amended by the Act published in the State Gazette I, no. 4 of 17 March 2023.
Repealed
No
Serial Imprint
RT I 1993, 39, 590
Source language

English

Legislation Amendment
No
Original title
Asjaõigusseadus (1993).