Term
Easement (Encumbrance)
Easements are limited (non-transferable) rights in rem to a third-party object, which can be enforced against anyone. Through this, the owner is obligated to condone or refrain from something to another’s advantage. This is characterised by the object owner’s obligation not of active behaviour, but rather only of tolerance or refraining. It is, however, important that easements are exercised so carefully that they cause as little difficulty as possible to the owner. In addition, an easement may not be extended without authorisation. Examples of easements include basic easements (real easement), usufruct, or the right to a home.