REALWorld Law

Sale and purchase

Forms of real estate ownership

What are the categories of property right that can be acquired? Are there any interests in real estate other than exclusive ownership?

Czech Republic

Czech Republic

Czech law distinguishes between the following property rights:

  • The right of ownership which gives the owner of a property the full range of property rights, including the right to use, encumber or dispose of the property.
  • The right of easement, ie the right to use a property owned by someone else either for a definite or an indefinite period of time. This right can be held by specific individuals (easement in gross) or can be created for the benefit of another property (easement appurtenant) where all owners of that property are entitled to benefit from it.
  • Possession – a special arrangement similar to ownership whereby the possessor treats the property as his own although he is not technically the legal owner. After a certain period of time elapses (10 years in the case of real estate) the possessor (if he has taken possession in good faith) becomes the owner of the property.
  • The right of construction (a perpetual leasehold), ie the right to maintain a building on someone's else land (to build it or to own an existing building on the land). The building is the property of the owner of the right. This right of construction is only temporary as it cannot last longer than 99 years.