Risks and legal situations

Lifetime right of residence (věcné břemeno dožití)

In Czech: 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.

Also called: věcné břemeno dožití, life interest, right of habitation, služebnost bytu

What it means

A typical case: parents transfer their house to their children, or sell it, and reserve the right to live there for the rest of their lives. Someone else owns the property, but the entitled person holds a right that restricts the owner. The phrase věcné břemeno dožití is not a legal term; it is the name used in practice.

Legally it is a personal servitude (osobní služebnost). A servitude burdens the owner of a thing so that they must tolerate something or refrain from something for another person's benefit (§ 1257 of the Civil Code, občanský zákoník), here specifically tolerate someone else living in the property.

How it works in the Czech Republic

Under § 1297 of the Civil Code, a servitude of a flat (služebnost bytu) is presumed to be a servitude of use. The right of use (užívací právo) entitles a person to use someone else's thing for their own needs and those of their household (§ 1283); the right of usufruct (požívací právo) also lets them take its fruits and proceeds (§ 1285).

For a property recorded in the land register, a servitude arises on entry into the register (katastr nemovitostí) under § 1262, so it appears on the title deed (list vlastnictví). The details, such as which rooms the entitled person may use and who pays for energy and repairs, are in the contract establishing the servitude.

A personal servitude ends on the death of the entitled person (§ 1302). Because it burdens the owner of the thing, expect it to survive a sale and to bind the new owner in the same way.

Practical example

For example, a family house is offered in which the former owner holds a lifelong servitude of a flat. The buyer becomes the owner but can use the house only to the extent the servitude leaves free. So the buyer reads the contract establishing the servitude, finds out which rooms the entitled person uses, and asks the bank in advance whether it will accept the house with such an entry as collateral.

What to watch out for

  • Look for easements in part C of the title deed, among the restrictions of ownership.
  • Ask for the contract establishing the servitude and check which rooms it covers and who pays the costs.
  • Expect the servitude to last until the entitled person's death, whoever owns the property.
  • Ask your bank in advance whether it will accept a property with a servitude as mortgage collateral.
  • Agree the practical rules of living together with the entitled person in advance, ideally in writing.

Frequently asked questions

Does a lifetime right of residence end when the house is sold?

No. The servitude burdens whoever owns the property; a personal servitude ends on the death of the entitled person.

How do I know a property carries a servitude?

Check the title deed, because a servitude over a property recorded in the land register arises on entry.

What is the difference between užívací and požívací právo?

The right of use lets a person use the thing for themselves and their household; the right of usufruct also lets them take its fruits and proceeds.

  • Easement (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.
  • 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.
  • 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.
  • Purchase agreement (kupní smlouva)A purchase agreement (kupní smlouva) is the written contract in which the seller undertakes to transfer ownership of a property to the buyer and the buyer undertakes to pay the price. Ownership passes only on entry into the land register.
  • Mortgage (hypotéka)A mortgage (hypotéka) is a long-term housing loan secured by a lien on a property. The borrower repays it in regular monthly instalments, usually over many years.
  • Family house (rodinný dům)A family house (rodinný dům) is a building intended mainly for one or a few households, either detached or attached to neighbouring houses. It is usually sold together with the land, of which the building is legally a part.

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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