Ownership and property rights

Easement (věcné břemeno)

In Czech: Věcné břemeno

An easement (věcné břemeno) is a right of another person over a property that restricts its owner: they must tolerate something, refrain from something, or give or do something. It stays with the property when sold.

Also called: věcné břemeno, servitude, right of way, real burden

What it means

Easement (věcné břemeno) is an umbrella term for two groups of rights over someone else's property. A servitude (služebnost) obliges the owner to tolerate something or refrain from something for another's benefit (Section 1257 of the Civil Code), for example to put up with a path across their land. A real burden (reálné břemeno) instead obliges the owner to give or do something (Section 1303).

The burden is tied to the property, not to the seller as a person. Whoever buys a burdened property buys it together with the easement and must respect it just as the previous owner did.

How it works in the Czech Republic

An easement is usually created by a contract, which must be in writing (Section 560), and a servitude over a property recorded in the land register arises only on entry in the register (Section 1262). On the title deed (list vlastnictví) of the burdened property you will find it in part C among restrictions of ownership; on the title deed of the property it benefits, in part B1.

Easements for network operators are common. Utility networks and other linear structures are not part of the land (Section 509), so power, gas or water lines across a plot may belong to a distributor, and an easement is often registered for their placement and maintenance.

You may also come across a right of use or residence for a specific person, such as the seller's parents. A personal servitude ends on the death of the entitled person (Section 1302), but until then it binds the owner.

Practical example

For example, a buyer likes a family house and finds in part C of the title deed an easement of passage on foot and by car (věcné břemeno chůze a jízdy) for the neighbouring plot. From the easement contract, which she requests from the cadastral office's collection of documents, she learns that the neighbour may drive across the garden to his house. She will have to live with that after the purchase.

What to watch out for

  • Go through part C of the title deed on nahlizenidokatastru.cz and find out in whose favour each easement was created.
  • Request the document on which the easement's entry is based and read its exact scope.
  • With a flat or house burdened by a right of residence or use, find out who holds it and whether they actually live there.
  • Ask whether the easement is paid for and who bears maintenance costs, for example of a shared path.

Frequently asked questions

Does an easement end when the property is sold?

No. It is tied to the property and the new owner must respect it just like the previous one.

How do I find out whether a property is burdened by an easement?

Look at part C of the title deed, which you can view free of charge on nahlizenidokatastru.cz. Details are in the document on which the entry is based.

What is the difference between an easement and a servitude?

A servitude is one kind of easement. The other kind is a real burden, under which the owner must actively give or do something.

  • Servitude (služebnost)A servitude (služebnost) is a type of easement under which the owner of a property must tolerate something or refrain from something for another's benefit, such as a path across the land or another person living in the house.
  • Lifetime right of residence (věcné břemeno dožití)A lifetime right of residence (věcné břemeno dožití) is the common name for a person's right to live for life in a flat or house owned by someone else. It is usually set up as a servitude of a flat or of use and ends on that person's death.
  • Title deed (list vlastnictví)A title deed (list vlastnictví, LV) is the land register sheet that shows, for one cadastral area, who owns which properties and what burdens them, such as mortgages, easements or a pending change of ownership.
  • Access road (přístupová cesta)An access road (přístupová cesta) is the route from a public road or street to a plot or house. What matters is who owns it and on what basis you may use it, for example ownership, a co-ownership share or an easement.
  • Utility connections (inženýrské sítě)Utility connections (inženýrské sítě) are the water, sewer, electricity, gas and telecom networks that buildings connect to. Under the Czech Civil Code they are not part of the land, so they usually belong to the network operator, not the landowner.
  • Legal defects of a property (právní vady)Legal defects of a property (právní vady nemovitosti) are third-party rights or other legal restrictions that stop the buyer from freely using or disposing of it, such as a lien, easement, lease, enforcement or ownership dispute.

Sources

Laws and official pages this text is based on (in Czech).

This text is for information only and has not yet been checked by a legal or financial expert. It is not legal, tax or financial advice. Verify important details in the listed sources or with a professional.

Updated 25 October 2026

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