The scope of each right must be definite. If an easement burdens only part of a plot, that part must be delineated by a survey plan. Installation of a utility may be limited to a surveyed strip, while access for maintenance may cover the whole clearly identified plot. That difference is not in itself a defect: the agreement must clearly distinguish the individual rights and define their spatial and substantive scope.
What an easement actually is
Easements restrict the property owner for another’s benefit 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). Easements attached to ownership pass with ownership to the acquirer (subsection 2), which matters for utilities: the easement survives a sale of the land.
An easement may arise, among other ways, under a written agreement, and acquiring the right corresponding to an easement requires registration in the Land Register (Section 151o(1)). A signed agreement alone is therefore insufficient; until registration is authorised, the right has not arisen.
Where the agreement and plan diverge
Utility agreements often create a wider right than is surveyed. Typically they grant a right to install a pipe or line with a protection zone, plus rights to enter and cross the burdened land on foot and with machinery for operation, maintenance, repairs and reconstruction. The survey plan, meanwhile, shows only the utility route and protection zone.
This arrangement need not be inconsistent. Installation of the utility may burden a surveyed part of the plot, while access for maintenance may be agreed over the whole clearly identified plot. A survey plan is required to delineate the affected part of the plot; for each right, the territory to which it applies must be clear (Section 24(1)(g)). The district office also assesses whether the parties’ declarations of intention are sufficiently definite and comprehensible (Section 31(1) of the Cadastral Act); the instrument must be free from obvious errors and identify the subject of the legal act (Section 42(1) and (2)). If the scope cannot be determined unambiguously from the documents, proceedings are suspended and the parties are asked to remedy the defects (Section 31a(c)).
Why this is expensive for linear infrastructure
If the agreement itself must be corrected after the application has been filed, this is done by an addendum (Section 42(4)). With one owner, this means a week’s work. On a linear infrastructure project involving dozens of agreements using the same template, the error recurs in each, and an addendum must be signed again with every affected owner. If the defects are not remedied within the specified period, the proceedings are discontinued (Section 31b(1)(f)), and the instrument loses its priority in the process.
It is therefore worth aligning the agreement template and the surveyor’s instructions before the first signature, not after the first suspension.
What to watch when preparing the documents
- Define each right separately. Installation of the utility within a strip must correspond to its surveyed extent. Rights of entry or passage on foot or by vehicle may have a different scope, including the whole identified plot; if limited to part of the plot, that part must be geometrically delineated.
- A protection zone is not an easement. It arises on a different legal basis, and drawing it does not replace marking the scope of the right.
- The owner signs the agreement. The owner may create an easement by agreement unless special legislation also grants this power to others (Section 151o(2)). An investor identified in the agreement only as the developer is not the owner.
- Certified signature of the burdened party. Creation of an easement requires the burdened party’s certified signature, and termination requires the beneficiary’s; this does not apply to a notarial deed or an agreement authorised by a lawyer (Section 42(3)).
- Plots forming common property. Urbarial land has a special regime, discussed in an investor wants to buy land from a land community.
- Terminating an easement. Where the easement is terminated over its entire registered scope, whether another survey plan is needed can be disputed. A survey is essential for partial termination.
How we work
For utilities and access rights, we prepare the easement so the agreement and surveyor’s instructions are developed together, not sequentially. For larger projects we create a template for all affected plots, together with the registration applications. If proceedings are suspended and a time limit for supplementation is running, we handle suspended and refused cadastral proceedings, including preparing addenda and obtaining every party’s signature.
If the project is still being prepared, contact us before signing the first agreement. Correcting one template costs less than correcting forty applications.
This answer provides general information on the law as at 10 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.
