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§ 127. Spatial extent of immovable property ownership
- (1)
- Immovable property ownership extends to the ground, airspace above and into the earth beneath the surface to such height or depth to which the interest of the owner extends in the use of the immovable.
- (2)
- The owner of an immovable shall not prohibit an activity which occurs at such height or depth to which the interest of the owner does not extend according to the purpose of the use of the immovable.
§ 128. Boundary
- (1)
- The boundary between adjoining plots of land shall be specified by plans and boundary markers pursuant to procedure provided by law.
- (2)
- The owner of an immovable shall ensure the preservation of the boundary markers. The owner shall not change or re-arrange the boundary markers.
§ 129. Determination of boundary
- (1)
- The owner of an immovable shall assist in determination of a boundary on the justified demand of a neighbour.
- (2)
- If a boundary cannot be determined in any other manner, the extent of possession shall be taken as the basis. If the extent of possession cannot be determined, an equal share of the land in dispute shall be added to each immovable.
- (3)
- If determination of a boundary in the manner provided for in subsection (2) of this section gives a result which is contrary to verified information concerning the size and other circumstances of the immovable, the boundary shall be specified considering the size and other circumstances of the immovable.
- (4)
- Expenses for determination of the boundary shall be borne by the neighbours equally unless otherwise provided by law, a court judgment or transaction.
§ 130. Extent of immovable property ownership to mineral resources
- (1)
- Immovable property ownership does not extend to mineral resources the list of which shall be provided by law.
- (2)
- The procedure for use of mineral resources and the preferential right of the owner of an immovable to use the mineral resources specified in subsection (1) of this section shall be provided by law.
§ 131. Extent of immovable property ownership to body of water
- (1)
- A body of water within the boundaries of one immovable belongs to the owner of the immovable.
- (2)
- The part of a body of water within the boundaries of several immovables which belongs to each shore-owner shall be between the perpendicular imaginary lines drawn from an imaginary line in the middle of the body of water to the shore boundary markers of the corresponding owner, or between the imaginary lines drawn from the centre of the body of water to the shore boundary markers of the corresponding owner, unless otherwise provided by law or the agreement.
§ 132. Extent of immovable property ownership to land created from body of water
- (1)
- A dried-up riverbed or an island created in a river is in the ownership of the owners of the nearest shores.
- (2)
- The part of a riverbed or island which is between the perpendicular imaginary lines drawn from an imaginary line in the middle of the river to the shore boundary markers of the corresponding owner is in the ownership of the shore-owner.
- (3)
- A piece of land which is torn from one immovable and carried to another by a current or other force of nature becomes part of the other immovable if the piece of land firmly joins with it. The former owner may demand compensation for the torn away piece of land according to the benefit to the new owner.
- (4)
- Earth which is washed onto the shore or with which the shore is filled remains a part of the shore.
§ 133. Shore-line of sea
- (1)
- Immovable property ownership extends to the shore-line of the sea. The shore-line is the ordinary boundary of water of the sea.
- (2)
- A construction located in the sea permanently attached to the bottom of the sea may be entered in the land register as an individual immovable pursuant to the procedure provided by law.
- (3)
- If a construction or a part thereof located in the sea permanently attached to the bottom of the sea which is constructed on a legal basis is not entered in the land register as an individual immovable and is permanently attached to the shore, the construction belongs to the immovable on shore.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
§ 134. Ground-water
- (1)
- Immovable property ownership does not extend to ground-water. Ground-water is in the ownership of the state.
- (2)
- The procedure for use of ground-water shall be provided by law.
§ 135. Extent of immovable property ownership to forest and vegetation
- (1)
- Forest and other natural vegetation, and sowed seed, trees or other planted vegetation of an immovable is in the ownership of the owner of the immovable.
- (2)
- The provisions of sections 138 and 139 apply if someone uses the seed of another for sowing or the vegetation of another for planting on one's own plot of land, or one's own seed or vegetation on a plot of land of another.
§ 136. Extent of immovable property ownership to constructions
- (1)
- Immovable property ownership extends to constructions permanently attached to the plot of land.
- (2)
- Immurement, entrenchment or other lasting and firm attachment at or under the surface of a plot of land shall be deemed permanent attachment.
§ 137. (Repealed - 17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
§ 138. Construction on plot of land of another or with material of another
- (1)
- If the material of another is used in construction on one's own plot of land or one's own material is used in construction without a right of superficies on a plot of land of another, the material becomes a part of the plot of land except in the case provided for in subsection 137 (2).
- (2)
- If material is used without the consent of the owner of the material, the owner of the material has the right to demand severance and delivery of the material at the expense of the owner of the plot of land in so far as this is possible without causing excessive damage to the owner of the plot of land.
- (3)
- If a plot of land is built on without the consent of the owner of the plot of land, the owner has the right to demand removal of the material at the expense of the builder.
§ 139. Compensation in case of illegal construction
- (1)
- If material is not severed from a plot of land (section 138), the owner of the material has the right to demand compensation for the used material from the owner of the plot of land, considering the conditions for use of the plot of land and construction.
- (2)
- If the owner of a plot of land who uses the material of another is in bad faith, the owner of the material has the right to demand full compensation therefor.
- (3)
- If the owner of material who builds on land of another is in bad faith, the owner of the material has the right to demand compensation which does not exceed the construction expenditure. This right does not exist if the owner of the plot of land has submitted a claim for removal of the material (subsection 138 (3)).
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