Real servitude is a property right whereby the entitled party has the right to use the encumbered immovable property and the owner of the real estate is obliged to refrain from exercising his ownership rights to the extent covered by the servitude. Real servitude is established upon the registration into the Real Estate Register. A usufruct encumbers immovable or movable property in such manner that the person entitled by the usufruct has a title to use the object and acquire its fruit. A usufruct on movable property arises when the possession of the object has been transferred to the person entitled by the usufruct. Real Encumbrances Real encumbrance is a property right that encumbers immovable property in such manner that the entitled party is entitled to periodical payments or certain actions from the owner of the encumbered real estate.
Real encumbrance can be either statutory or private.
Statutory encumbrances, unlike the private, do not require registration in the Real Estate Register in order to be established. According to the Property Act, a real estate and buildings upon it as essential parts of the immovable property can not be subject to different proprietary rights. The building title allows encumbering immovable property in such manner that the entitled person has the alienable and inheritable right to own a building permanently attached to the real estate. The entitled party shall pay a fee to the owner of the real estate unless the parties have agreed otherwise. Pre-emption right established between private parties is subject to registration in the Real Estate Register.