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§ 118. Creation of immovable property ownership
- (1)
- Immovable property ownership is created by entry in the land register (registration).
- (2)
- In the cases provided by law, immovable property ownership is also created before registration, but an owner may dispose of an immovable only after registration.
§ 119. Transaction for acquisition of immovables
- (1)
- A transaction by which acquisition or disposal of an immovable is undertaken shall be notarised.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
- (2)
- A will or marriage contract which is the basis for acquisition of an immovable shall be made in the form provided by law.
- (3)
- Transfer of possession of an immovable is not an essential condition of such transaction.
§ 120. Real right contract
- (1)
- For transfer of immovable property ownership or for encumbrance of an immovable with a real right, an agreement between the transferor and the acquirer concerning transfer or encumbrance (a real right contract) and the making of a corresponding entry in the land register is required.
- (2)
- A conditional real right contract for transfer of immovable property ownership is invalid.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
§ 121. Right of claim of acquirer of immovable
- (1)
- A transaction for acquisition of an immovable (section 119) shall grant an acquirer the right to demand the making of an entry in the land register, and in the case of refusal of the current owner, the right to file an action against the owner for the making of the entry in the land register and for recognition of immovable property ownership.
- (2)
- An entry shall be made in the land register on the basis of occupation, expropriation, compulsory auction or a court judgment regardless of the consent of the current owner.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
§ 122. Acquisition of immovable by occupation
- (1)
- Only the state may acquire immovables by occupation.
- (2)
- By occupation the state acquires ownership of immovables which according to information in the land register are ownerless and are not in the possession of anyone. Immovable property ownership is created by taking possession of an immovable.
§ 123. Acquisition of immovables by prescription of land register entry
- (1)
- If a person is entered in the land register as the owner of an immovable without legal basis, the ownership of the person shall not be contested if the person has possessed the immovable in good faith and without interruption for ten years.
- (2)
- The provisions concerning prescription of movables apply to the calculation of the period specified in subsection (1) of this section and to possession in good faith and without interruption.
§ 124. Acquisition of immovables by prescription
- (1)
- If a person has without interruption and for thirty years possessed an immovable which is not entered in the land register, whose owner is not evident from the land register or whose owner was deceased or declared deceased before commencement of possession, the possessor may demand entry in the land register as the owner of the immovable.
- (2)
- A claim for the making of an entry on the bases specified in subsection (1) of this section shall be filed with the court, which shall specify the time for filing of objections and shall publish a corresponding announcement. If objections are not filed by the specified deadline or are rejected, the court shall make a ruling which shall be the basis for the making of the entry in the land register.
- (3)
- The provisions concerning prescription of movables apply to the calculation of the period specified in subsection (1) of this section and to possession without interruption.
§ 125. Extinguishment of immovable property ownership
Immovable property ownership extinguishes by deletion of the entry from the land register or by the complete destruction of the immovable. Upon the complete destruction of the immovable, the real rights which encumbered it extinguish.
§ 126. Relinquishment of immovable property ownership
- (1)
- The owner of an immovable may relinquish immovable property ownership.
- (2)
- Relinquishment shall be entered in the land register on the basis of a notarised application from the owner.
- (3)
- Immovables which are relinquished transfer into the ownership of the state. The transfer of ownership shall be entered in the land register.
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