Ownership and property rights

Servitude (služebnost)

In Czech: 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.

Also called: služebnost, right of use, usufruct, right of residence

What it means

A servitude (služebnost) burdens the owner of a thing so that they must tolerate something or refrain from something for another's benefit (Section 1257 of the Civil Code). Unlike a real burden, it does not require active performance: the owner simply puts up with someone else using the property in a certain way, or refrains from doing something.

A servitude can benefit the owner of another plot (a land servitude, for example a path to the neighbouring house) or a specific person (a personal servitude, for example the right to live in a house).

How it works in the Czech Republic

Personal servitudes include the right of use (užívací právo), which entitles someone to use another's property for their own needs and those of their household (Section 1283), and usufruct (požívací právo), which also lets them take its fruits and proceeds (Section 1285), for example collect rent. A right of residence (služebnost bytu) is presumed to have been created as a right of use (Section 1297).

A servitude over a property recorded in the land register arises on entry in the register (Section 1262). A personal servitude ends on the death of the entitled person (Section 1302). That is why the so-called lifetime residence right (věcné břemeno dožití) is usually set up as a lifelong right of residence or of use.

Practical example

For example, a father gives his house to his son and keeps a lifelong right of residence. The son is the owner, but the father may live in the house until his death. If the son sold the house, the buyer would have to respect the father's right; the servitude would end only on the father's death, and its deletion would then be entered in the land register.

What to watch out for

  • Find out whether it is a land or a personal servitude; only the personal kind ends with the death of the entitled person.
  • With a personal servitude, check who holds it and whether they actually use the property.
  • Read the exact scope in the contract: the whole house, one room or just a passage.
  • Usufruct can mean that rent from the property goes to the entitled person, not the owner.
  • Look for servitudes benefiting a plot you want to buy, such as an access path, in part B1 of its title deed (list vlastnictví).

Frequently asked questions

Is a servitude the same as an easement (věcné břemeno)?

Not quite. Věcné břemeno is the broader term and a servitude is one form of it; the other is a real burden, which requires the owner to actively give or do something.

Does a right of residence end when the entitled person dies?

Yes, a personal servitude ends on the death of the entitled person. The entry then has to be deleted from the land register, typically on the basis of a death certificate.

Can I buy a house burdened by a right of residence?

Yes, but the entitled person may go on living there, and becoming the owner does not give you the right to make them move out.

  • 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.
  • 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.
  • 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.
  • 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.

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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