Problems Associated with the Legal Substance of Encumbrances on Real Estate and the Related Right of Use

Encumbrances on real estate and on the right to use real estate are different legal institutions. Encumbrances that are created on the basis of law have a different legal substance. As a rule, encumbrances by law are significant and bring benefits to an unlimited number of rightholders. This type of encumbrances includes various protection zones, roads, nature reserves, etc. It is assumed that these encumbrances are for the common good; therefore, the rights of an owner may be restricted. Encumbrances on the right to use real estate are of an individual nature, referring to specific rightholders. Such encumbrances include, inter alia, easements and mortgages. In these cases, the owner may not freely dispose of his property right (property), without considering the rights of third parties. The article is devoted to the problems pertaining to the establishment of encumbrances on real estate. Encumbrances may be established by an agreement between the parties, and legislation allows establishing encumbrances without any authorisation from the real estate owner. The objective of the thesis is to analyse the legitimacy of encumbrances based on law in the context of the impairment of owner's property rights.