Legal Aid for Home and Landowners!
Claudius Law Office advises clients in all the main areas of property rights. We prepare for our clients any necessary documentation for the process; provide representation before the court, individuals and organizations involved.
Property laws are sets of acts, which govern legal relations regarding possession of things. There are certain characteristics of property rights. First of all, property rights are absolute rights on and they apply to every individual, therefore they must be adhered by everyone. Secondly, other individuals must have an opportunity to become aware of property rights (public principle of property rights) and therefore the Land Registry is open for public. The owner of a movable arbitrarily is deemed to be its possessor.
A significant part of property rights constitute of real estate rights and limited property rights such as servitudes, real encumbrances, building rights, rights of pre-emption and statutory liens.
Considering the historical background of the Republic of Estonia, its property laws are strongly related to ownership reform and land laws. The ownership reform is related to concepts like property reform, privatization, land reform, agricultural reform, unlawful transfer of property. In addition to Land Reform Act, the principal laws governing land laws are the Land Cadastre Act, the Planning Act, the Land Readjustment Act and Nature Protection Act as well.
Pursuant to The Constitution of the Republic of Estonia § 32 the property of every person is inviolable and equally protected. Property may be taken from the owner without his or her consent only in the public interest, in the cases and pursuant to a procedure provided by law, and for fair and immediate compensation. Everyone whose property has been taken from him or her without his or her consent has the right to bring an action in the courts to contest the taking of the property, the compensation, or the amount of the compensation. Everyone has the right to freedom from interference in possessing or using his or her property or making dispositions regarding the same. Limitations of this right are provided by law. Property may not be used in a manner that contravenes the public interest. Right of succession is guaranteed.
Claudius Law Office will assist you in the following matters:
- § general matters of property rights - object, thing, accessory; possessor, ownership, the owner;
- § general matters of property rights – limited property rights;
- § general matters of property rights – possessing, using and disposing;
- § general matters of property rights – property transaction;
- § protection of possessions;
- § protection of ownership;
- § land register;
- § notations in the land register;
- § common ownership;
- § movable property;
- § immovable property;
- § scope of immovable property ownership;
- § restrictions on immovable property ownership;
- § neighbourhood rights;
- § roads and utility networks and constructions;
- § waters and forests;
- § apartment ownership;
- § servitudes and their nature;
- § real servitude;
- § usufruct;
- § personal right of use;
- § real encumbrance;
- § right of superficies, building rights and right of superficies;
- § right of pre-emption;
- § statutory liens and their nature;
- § security over movables – possessory pledge and and registered security over movables;
- § pledge of rights;
- § real security – mortgage and judicial mortgage;
- § matters and proceedings related to international property rights.
In addition, Claudius Law Office will try to solve your other major concerns. To better serve you don’t hesitate to contact our lawyer! Claudius Law Office will respect your right to privacy and will only process information provided to us in the extent necessary to provide you with the best legal aid.
