Introduction to Property Easement Rights

Property owners often encounter a concept that can significantly affect the value and usability of their real estate only at the point of purchase or sale. If your plot has no direct access to a public road, or if connecting to electricity, water, or gas requires running installations through a neighbour's land — these are precisely the situations governed by an easement — one of the most important legal instruments in real estate law.

Easement is a real right that grants one property (or person) the authority to use another person's property in a specific, legally defined manner. It is not ownership, but it carries a proprietary effect — it follows the property, not the person, meaning it transfers upon sale.

In practice, the most common situations involve the right of way and the right to connect to utility infrastructure. Both can arise through contract, court ruling, or long-term use, and once registered in the land registry, they become binding on all future owners.

It is equally important to understand the other side — when and how easement termination occurs, as it is not always permanent or unchangeable.

Right of Way Easement: Definition and Examples

The right of way is one of the most common forms of real easements that property owners encounter in practice. It is the legal right by which the owner of one property (the dominant estate) may cross or pass through another property (the servient estate) to access a public road or their own land. In certain cases, this is a legal necessity rather than mere convenience — particularly when discussing the right of necessity in Croatia, where the law clearly protects owners of landlocked parcels.

When does the right of way arise?
• Landlocked parcel — the owner whose property is physically surrounded by other land has no other means of access
• Divided inherited property — a common occurrence in rural areas where formerly unified parcels are divided among heirs
• Historical agreements — long-standing arrangements between former owners that are binding on all future owners

Right of way easement: a practical example

As a concrete example of a right of way easement, consider the following: the owner of a rear parcel with no direct road access enters into an agreement with the owner of the front parcel and acquires the right to use a two-metre-wide passage. This agreement is registered in the land registry and remains in force regardless of who purchases either property in the future.

A right of way easement protects the interests of the dominant estate owner, but must not burden the servient estate owner beyond what is strictly necessary.

Utility Easement: Legal Aspects and Application

A utility easement is another fundamental form of real easement that is equally important in everyday life as the right of way. While the right of way concerns physical access to a parcel, a utility easement ensures access to communal infrastructure — water supply, sewage, the electricity grid, gas installations, or telecommunications networks.

In practice, many properties — particularly older houses and newly built structures in peripheral areas — cannot connect directly to the utility network without running installations through a neighbour's land. Without a legally established utility connection, such a property lacks access to communal infrastructure, directly affecting its market value and usability. We discuss how an encumbrance on property affects the final valuation in detail in our blog Property Valuation.

How is a utility easement legally established?
• Agreement between owners — the fastest and most cost-effective route
• Court ruling — when agreement is not possible
• Statutory provision — in cases of mandatory connection

When a property owner submits an easement application, they must clearly define the route of the connection, the type of installation, and any compensation owed to the servient estate owner. An insufficiently precise application frequently leads to protracted disputes.

A utility connection established without legal basis may result in an obligation to remove the installation at one's own expense, regardless of investments already made.

Acquiring an Easement by Prescription

In addition to contractual and statutory routes, an easement can also be acquired by prescription — a legal mechanism that can catch property owners off guard. This occurs when a person openly and continuously uses another person's property over an extended period of time, as though they hold a legal right to do so.

Prescriptive easement operates on a clear principle: if the user of a right of way easement continuously and in good faith uses a path or passage through another's parcel for the period prescribed by law — in Croatian legal practice, this is most commonly twenty years — they acquire the right to seek judicial recognition of that easement.

In practice, the following must be demonstrated:
• Continuous use — use must not have been occasional or sporadic
• Openness and visibility — use must have been open, without concealment
• Good faith — the user must have had a reasonable belief that they were entitled to use the property

Prescription is not automatic — a court must formally establish that all conditions have been met, and land registry registration of the easement is essential for full legal protection. We explain what land registry records are and how to read them in our blog What Are the Title Deed, Land Registry and Cadastre — and How Do You Read Them?.

It is important to note that the owner of the servient property can interrupt the prescription period through clear, documented objection to the use.

Personal vs. Real Easements: Key Differences

Understanding the types of easements is essential for anyone asking what is an easement and how it operates in practice. Having explained the right of way, utility easement, and acquisition by prescription, it is worth clearly distinguishing between the two fundamental categories: personal and real easements.

Personal easements

A personal easement is tied to a specific person, not a property. This means the right does not follow the land — it ceases upon the death of the holder or the expiry of the agreed term.

Typical examples include:
• Right of usufruct — the holder collects the fruits and income of another's property
• Right of habitation — a person may reside in another's home
• Right of use — more limited than usufruct, relating to the personal needs of the holder

Real easements

A real easement, unlike a personal one, is tied to the property rather than the person. It "travels" with ownership — whoever purchases the dominant estate automatically inherits the right. This is precisely why a real easement is a more durable and practically valuable instrument.

A real easement persists regardless of changes in ownership — which is its key advantage in long-term planning.

Easement Disputes: How They Are Resolved

When neighbourly relations become strained, easement disputes frequently end up in court. Understanding how such disputes are resolved is as important as knowing the rights themselves — because even a clearly defined easement can become the subject of lengthy proceedings.

Amicable resolution and negotiation

In practice, the first step should always be direct discussion between the owners. Many disputes arise from insufficiently precise provisions in a contract or land registry entry — situations in which the formal right exists, but its application in reality is unclear or contested. Professional legal analysis of documentation frequently resolves the issue without court proceedings. Regent's team of legal experts can assist you in reviewing documentation and assessing your situation — find out more about our legal services.

Court proceedings

If amicable resolution fails, the holder of the violated right may initiate an easement protection claim before the competent municipal court. Case law shows that judgments are often based on detailed analysis of land registry records, cadastral data, and actual long-term use.

It is important to note that court proceedings are both time-consuming and financially demanding — which further underscores the importance of precisely defining easement terms from the outset.

Obligations of the Servient Estate Owner

Once easement registration has been completed, the owner of the servient estate does not become a mere passive participant — they take on concrete obligations that are as important as the rights of the easement holder. Understanding these obligations is an integral part of any properly conducted real estate transaction process in Croatia.

The fundamental obligation of the servient estate owner is tolerance. This means they must allow the easement holder to use their land in the legally established manner — without obstruction, interference, or the creation of barriers. In practice, this may mean the owner must not erect a fence that blocks the right of way, nor plant trees that prevent access to a utility connection.

There is simultaneously an obligation of restraint from actions that would diminish the utility of the easement. For example, a servitude (Lat. servitus — burden, obligation; the Latin equivalent used interchangeably with easement in legal terminology) of access to communal infrastructure loses its purpose if the servient landowner constructs structures directly above the utility route.

The servient estate owner retains ownership rights and all other powers, but must exercise them in a manner that does not infringe upon another's lawful right.

In accordance with the provisions of the Ownership and Other Real Rights Act, the owner of the servient estate has the right to claim compensation for the burden placed on their land — an important element in balancing rights and obligations.

Common Misconceptions About Easements

Having clarified the obligations of the servient estate owner, it is worth addressing some widespread misconceptions that in practice give rise to unnecessary conflicts and legal complications.

Misconception one: an easement ends when the property is sold. In reality, a land easement right is tied to the property, not its owner. Regardless of how many times the property has changed hands, the easement remains in force until it is formally extinguished.

Misconception two: a verbal agreement between neighbours is sufficient. A friendly arrangement without registration has no legal force against third parties. If the owner sells the property, the new purchaser is not bound by it — just as an unauthorised structure protects neither buyer nor seller, as we discuss in detail in our blog Building Legalisation: Why It Matters in Property Sales and Purchases.

Misconception three: the servient estate owner can restrict an easement at will. Once established, an easement cannot be unilaterally modified — the consent of both parties or a court ruling is required.

Misconception four: an easement is permanent without exception. It can cease through non-exercise over the legally prescribed period or by mutual agreement.

Key Takeaways

Buying property with an easement need not be an obstacle — but it requires an informed buyer and a carefully conducted legal review. Rights of way, utility connections, and other forms of use of another's property are legal instruments that can significantly affect the value and usability of real estate, and they typically come to light only at the point of a transaction or neighbourly dispute. We outline what documentation must be in order in our guide Documents You Must Check When Buying a Property.

The Ownership and Other Real Rights Act regulates easement rights with relative precision, but the application of these rules in real life regularly requires careful assessment of the specific circumstances. For those currently in the process of making a decision, a useful starting point is our guide When to Buy Property: A Market Analysis Guide.
Several key points are worth keeping in mind:
• An easement is not ownership — the holder may use the property, but must not burden it beyond what is strictly necessary
• Registration is essential — an unregistered easement does not bind a new property owner
• Agreement is always preferable to dispute — court proceedings are costly, lengthy, and uncertain

Before purchasing or selling a property, always check whether any registered or factual easements exist that could affect the value and use of the asset.

Need Help With a Legal Property Review?

Questions about easements, utility connections, or rights of way often arise only at the point of purchase or sale — and at that stage, every day counts.

Regent's team of specialists, legal experts, and experienced agents guides you through every step of the process, from verifying land registry status to completing the transaction. If you own a property encumbered by an easement or are planning a purchase and want to be certain of all legal aspects, contact us.