It depends on whom the right is meant to serve. Access, vehicle passage and utilities should benefit whoever owns the land: they are created for the benefit of property (in rem) and pass to later acquirers. A lifetime right of residence serves a specific person: it is created for that person (in personam) and ends no later than their death. Both types arise only upon registration in the Land Register, and choosing the wrong one is difficult to put right later.
The most important wording in an easement agreement is easily overlooked: for whose benefit the right is created. It determines whether the easement survives a sale, inheritance and further generations of owners, or ends with one person’s life. At signing, the two versions look almost identical; the difference emerges years later when the property is sold.
Two regimes in one provision
Easements restrict the owner of immovable property for the benefit of another person by requiring the owner to tolerate something, refrain from something or perform something. Rights corresponding to easements are either attached to ownership of a particular property or belong to a particular person.
— Section 151n(1) of the Civil Code (unofficial translation)
A right attached to ownership of property (in rem) belongs to whoever currently owns the “dominant” property and passes automatically to the acquirer on a transfer (Section 151n(2)). A right belonging to a particular person (in personam) is tied to that person: it cannot be transferred or inherited, and the Civil Code (Act No. 40/1964 Coll.) also specifies the latest point at which it ends:
If a right corresponding to an easement belongs to a particular person, the easement ends no later than that person’s death or dissolution.
— Section 151p(4) of the Civil Code (unofficial translation)
Roads, utilities and building projections belong with the land
An access road, vehicle passage, underground pipe or building projection should serve the land regardless of who buys it in twenty years. These rights are therefore created in rem: for the benefit of the owner of the dominant property, not a named neighbour. If a right of way named only the current neighbour, their buyer would have no access to the land and would have to negotiate the easement again.
Agreements should also address often-forgotten practical points: precisely defining the route in a survey plan if the easement affects only part of a plot, agreeing one-off compensation or that it is free of charge, and setting maintenance rules. If the parties do not agree, the statutory rule requires the person using another’s property to bear a proportionate share of preservation and repair costs (Section 151n(3)).
Lifetime residence and personal needs belong with the person
A parent’s lifetime residence in a gifted house, or a right to use a flat or part of a garden, is tied to a specific person and is therefore created in personam. It ends on the beneficiary’s death and the title record can be cleared. We explain removing easements for people who died long ago in deleting an old easement. Creating lifetime residence in rem would be a mistake: the right would pass to the beneficiary’s heirs and buyers and the house would remain burdened forever. We discuss the full structure of a gift with retained residence in gifting a house with a lifetime right of residence.
Creation by registration and consequences for a sale
An easement is created by a written agreement, and the right under it is acquired only upon registration in the Land Register (Section 151o(1)); until registration is authorised, only an obligation between the parties exists. The owner of the burdened property concludes the agreement. For multiple owners, see an easement over land with several co-owners. When selling, the distinction is straightforward: the buyer and bank see an in rem easement on the title record as a permanent encumbrance; an in personam easement will eventually end, but until then it restricts use and affects the price.
How we can help
We prepare an agreement selecting the correct type and scope through our easement service, together with the Land Register application. If you are buying property with a registered easement, we assess its actual impact through our purchase agreement review service. Contact us before agreeing the wording: correcting the wrong type of easement requires a new agreement and a new registration.
This answer provides general information on the law as at 5 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
