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Subsections
§ 140. Classification of restrictions
Immovable property ownership restrictions shall be established by law, a court judgment or transaction.
§ 141. Validity of restrictions
- (1)
- A restriction pursuant to law is valid without entry in the land register. Amendment or termination of a restriction pursuant to law is valid with respect to third persons if it is entered in the land register.
- (2)
- A restriction in public law may be amended or terminated only in the cases provided by law.
- (3)
- A restriction established by a court judgment or transaction, or amendment or termination of such restriction is valid with respect to third persons if it is entered in the land register.
§ 142. Entry on plot of land of another
- (1)
- Without the permission of the owner, other persons shall not enter an immovable which is in the ownership of a person in private law and which is fenced or marked by the owner unless otherwise provided by law.
- (2)
- Without the permission of the owner, other persons shall not enter an immovable which is in the ownership of a person in private law and is neither fenced nor marked from sunset to sunrise unless otherwise provided by law.
(12.01.98 entered into force 16.02.98 - RT I 1998, 12, 152)
§ 143. Damaging nuisances
- (1)
- The owner of an immovable does not have the right to prohibit the spread of gas, smoke, steam, odour, soot, heat, noise, vibrations and other such nuisances coming from another immovable to the owner's immovable unless this significantly damages the use of the owner's immovable or is contrary to environmental protection requirements. The intentional direction of nuisances to a neighbouring immovable is prohibited.
- (2)
- If a nuisance specified in subsection (1) of this section significantly damages the use of an immovable but the expenses for removal of the nuisance are larger than the damage caused, the owner of the nuisanced immovable has the right to demand compensation from the owner of the immovable causing the nuisance.
§ 144. Prohibited construction and installation
- (1)
- An owner of an immovable has the right to demand that a construction or installation be not erected or preserved on a neighbouring immovable if there is reason to presume that it will cause or causes a prohibited nuisance to the owner's immovable.
- (2)
- If a construction or installation specified in subsection (1) of this section is erected in accordance with law, the right to demand removal of the construction or installation exists only after the actual occurrence of a prohibited nuisance.
§ 145. Constructions in danger of collapse
- (1)
- A construction shall be maintained in such condition that damage to a neighbouring immovable would be excluded upon collapse of the construction or severance of parts of the construction.
- (2)
- An owner whose immovable is endangered by circumstances specified in subsection (1) of this section may demand removal of the danger from the person liable for the harmful effect. If the person liable for the harmful effect is not known, the owner may demand removal of the danger from the possessor.
§ 146. Prohibited excavation
- (1)
- A plot of land shall not be excavated in such a manner that a neighbouring immovable would lose the necessary support of earth or such that the constructions situated thereon would be damaged in any other manner.
- (2)
- Excavation shall be permitted if the excavator installs other support or takes measures for prevention of danger or damage.
§ 147. Use of neighbouring immovables
If construction or repair of a construction can be done only by constructing scaffolding on or over a neighbouring immovable, or by moving or placing building materials on the immovable, or by walking or driving over the immovable, the owner of the neighbouring immovable shall allow this, if it is absolutely necessary, on the condition that the owner is guaranteed compensation for damage.
§ 148. Constructions over boundary of neighbouring immovables
- (1)
- A construction which projects from one neighbouring immovable over another neighbouring immovable is part of the immovable from whose boundary it emerges if the corresponding real right is entered in the land register.
- (2)
- If a construction specified in subsection (1) of this section is erected without a real right but in good faith, the owner of the neighbouring immovable shall allow this. In this case, the owner has the right to demand acquisition of or periodic compensation from the builder for the piece of land under the part of the construction which projects over the boundary of the owner's immovable.
- (3)
- The owner of a neighbouring immovable may demand from the builder removal of the part of the construction which projects over the boundary of the owner's immovable if the builder is in bad faith or if the owner of the immovable contested this before commencement of construction or, at the latest, at a time when removal of the part did not involve excessive expenses.
- (4)
- A claim for receipt of compensation shall be preferred to all other claims which are incumbent on the immovable from whose boundaries the construction emerges. An agreement concerning the amount of compensation or waiver of compensation is valid if it is entered in the land register.
- (5)
- The provisions concerning real encumbrances apply to compensation in addition to the provisions of subsection (4) of this section.
§ 149. Roots, branches and fruit projecting over boundary
- (1)
- The owner of an immovable has the right to cut off and take for themself the roots, branches and fruit of trees and bushes projecting from a neighbouring immovable onto the owner's immovable of the owner if they damage the use of the immovable and the neighbour has not removed them during the required time regardless of a warning.
- (2)
- If the owner of an immovable permits the branches projecting over the owner's immovable to remain, the owner has the right to the fruit of those branches to the extent that the branch is within the boundaries of the owner's immovable.
- (3)
- The owner of an immovable has the right to the fruit which has fallen on to the owner's immovable from a tree or bush growing on a neighbouring immovable.
- (4)
- The fruit of a tree growing on the boundary of an immovable and the tree itself belongs to the neighbours in equal shares upon felling or falling of the tree.
§ 150. Trees and bushes growing on boundary
Trees and bushes growing on a boundary are in the common ownership of the neighbours.
§ 151. Boundary constructions
- (1)
- If two immovables are separated from each other by a wall, hedge, ditch, garden bed or other such thing, it is in the joint use of the neighbours regardless of the ownership of the thing.
- (2)
- The use of a thing specified in subsection (1) of this section shall not be contrary to the purpose of the thing or cause damage to a neighbour.
- (3)
- If a thing specified in subsection (1) of this section is used by both neighbours, they shall bear the maintenance expenses equally. If the thing is necessary in the interest of one neighbour, the thing shall not be removed or changed without the consent of the neighbour.
§ 152. Common walls
- (1)
- A wall or a part thereof which separates constructions situated on the boundary of two immovables is in the common ownership of the neighbours.
- (2)
- If a construction adjoins another immovable, the owner of the immovable has the right to make a wall or a part thereof common if the owner pays half or a part of the value of the wall and half of the value of the plot of land under the wall to the owner of the wall.
- (3)
- Repair expenditure of a common wall shall be borne by the owners corresponding to the size of their part.
- (4)
- No opening shall be made into a common wall without the consent of the neighbour. The consent shall be entered in the land register.
§ 153. Walls on boundary
Windows may be made into a wall situated on or two meters from the boundary of a plot of land unless this right is restricted by law or an entry in the land register.
§ 154. Water flowing from roof
An owner shall ensure that water does not flow from the roof of the owner's construction to an immovable of another unless otherwise agreed. Water may be directed from a roof to a public road.
§ 155. Public roads (17.02.99 entered into force 23.03.99 - RT I 1999, 26, 377)
- (1)
- An owner through whose immovable a public road passes shall not hinder or terminate use of the road even if the road is not entered in the land register as a public road.
(17.02.99 entered into force 23.03.99 - RT I 1999, 26, 377)
- (2)
- The owner of an immovable shall observe the restrictions established by law for the shoulder of a public rad.
(17.02.99 entered into force 23.03.99 - RT I 1999, 26, 377)
- (3)
- A private road is designated for public use pursuant to procedure provided by law.
§ 156. Temporary roads
- (1)
- An owner whose immovable lacks a necessary access from a public road or from a separate part of the immovable has the right to demand access over an immovable of another. The location and the term and remuneration for use of the access shall be specified by agreement. Failing agreement, the access and remuneration for use thereof shall be specified by a court. Upon specification of the access, the interests of the owner of the immovable being encumbered shall be considered.
- (2)
- If as a result of a transfer of part of an immovable the transferred or remaining part loses contact with a public road, the owner of the part through which contact was effected previously shall enable the owner of the other part to maintain contact through the owner's immovable under the conditions specified in subsection (1) of this section.
- (3)
- The owner of an immovable does not have the right to demand access if the previous contact with a public road or between parts of the immovable was discontinued at the intention of the owner.
§ 157. Footpaths and winter roads
- (1)
- The owner of an immovable shall permit the use of a footpath and winter road over the owner's immovable according to local custom if the use of another road involves excessive expense. Upon specification of the road, the interests of the owner of the immovable being encumbered shall be considered.
- (2)
- The provisions of subsection (1) of this section do not apply if the use of a foot-path or winter road causes significant damage to the owner of the immovable.
§ 158. Utility networks and constructions (17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
- (1)
- An owner shall permit utility networks and constructions (utility constructions) to be located on the owner's immovable on the ground, in the earth and in the airspace if the construction thereof is not possible without using the immovable or the construction thereof at another location causes excessive expense. Also, an owner shall permit works to be conducted which are necessary for servicing a utility construction situated on the owner's immovable on legal basis. Emergency work may be conducted without prior agreement with the owner.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
- (2)
- The utility constructions located on an immovable belonging to another person are not essential parts of the immovable pursuant to subsection 16 (21) of this section.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
- (3)
- The provisions of subsection (1) of this section do not apply if the utility constructions do not allow for the intended use of the immovable.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
- (4)
- Damage arising from construction and use of a utility construction shall be fully compensated for to the owner in advance.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
- (5)
- Expropriation may apply in the cases provided by law for construction and use of the constructions specified in subsection (1) of this section.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
§ 159. Public bodies of water
- (1)
- A body of water in the ownership of a person in public law is public. The territorial sea, inland sea, other boundary bodies of water, and other bodies of water specified by law are in the ownership of the state as a person in public law.
- (2)
- A public body of water may be used by everyone. The use of a public body of water may be restricted by law or other legislation.
- (3)
- In the cases provided by law, a body of water in the ownership of a person in private law may be designated for public use (body of water for public use). In this case, the owner of the body of water has the right to demand compensation pursuant to procedure provided by law.
- (4)
- The restriction provided for in subsection of this section is valid if it is entered in the land register.
§ 160. Restriction of rights of shore-owner
- (1)
- A shore-owner shall not worsen the state of another immovable or restrict the possibilities for its use through use of the part of a body of water belonging to the shore-owner.
- (2)
- A shore-owner shall not build bridges or other constructions which may hinder the traffic of water-craft in a public body of water or a body of water for public use.
§ 161. Shore paths
- (1)
- A shore-owner of a body of water shall leave a strip of shore at the edge of the body of water for use as a shore path.
- (2)
- A shore path may be used by everyone for moving and being at the edge of a body of water, for fishing and for beaching water-craft. The restrictions provided for in section 142 are not valid with respect to shore paths.
- (3)
- A user of a shore path is required to compensate for any damage which the user causes to the shore-owner.
- (4)
- The use of the shore of a private body of water may be restricted in the cases and pursuant to procedure provided by law.
- (5)
- A private body of water within the boundaries of one immovable need not have a shore path if the body of water is not designated for public use.
§ 162. Fishing
- (1)
- Everyone may fish in a public body of water or a body of water for public use unless otherwise provided by law.
- (2)
- Other persons may fish in a private flowing body of water (river, stream) situated within the boundaries of several immovables if they do not cause significant damage thereby to an owner of an immovable.
- (3)
- Other persons may fish in other private bodies of water only with the permission of the owner of the body of water.
- (4)
- Procedures for fishing and aquaculture and related supplementary restrictions shall be provided by law.
§ 163. Running water
- (1)
- The owner of an immovable does not have the right to hinder the flow or seepage by natural means of rain-, snow-, spring-, ground- or other natural water to the owner's plot of land from a plot of land situated higher.
- (2)
- The spoiling of natural water or the changing of its natural flow or seepage to the detriment of a neighbour is prohibited. The natural water necessary for a lower plot of land may be retained only in so far as this is absolutely necessary for the higher plot of land.
- (3)
- For drainage of land, the owner of a lower plot of land is required to permit the directing of natural water to the owner's plot of land without compensation if it flowed or seeped there earlier in a natural manner. If such directing of water causes damage to the owner of the lower plot of land, this owner may demand that the owner of the higher plot of land extend an artificial water conduit through the lower plot of land at the expense of the owner of the higher plot of land.
§ 164. Water conduits
- (1)
- The owner of an immovable has the right to construct a water conduit through the land of another for drainage, irrigation, flooding, water supply, sewage water outflow, or use of water power with respect to the owner's plot of land and for other purposes permitted by law regardless of the consent of the owner of the other plot of land.
- (2)
- The interests of the owner of the other plot of land shall be considered in construction of the water conduit.
- (3)
- Advance compensation shall be paid for construction and use of a water conduit to an owner through whose plot of land the water conduit passes.
§ 165. Water associations
- (1)
- A water association may be founded for water economy, water protection activities and for use of water, the membership of which is obligatory for an owner of a related plot of land.
- (2)
- The procedures for foundation and activities of a water association shall be provided by law.
§ 166. Use of forest and natural vegetation
The owner of an immovable has the right to use the forest and other natural vegetation growing on the plot of land, considering the restrictions provided by law.
§ 167. Use of forest of another
- (1)
- Everyone has the right to be in a forest in the ownership of a person in public law (public forest) and to gather berries, mushrooms and other forest products unless otherwise provided by law.
- (2)
- In a private forest which is fenced or marked by the owner, other persons are permitted to gather berries, mushrooms and other forest products with the permission of the owner of the forest.
- (3)
- In a private forest which is not fenced or marked, other persons have the right to gather berries, mushrooms and other forest products if they do not cause excessive damage to the owner.
§ 168. Hunting
- (1)
- Hunting is permitted on a plot of land belonging to a person in public law pursuant to procedure provided by law.
- (2)
- The owner of an immovable who is a person in private law may hunt on the immovable considering the restrictions provided by law. Other persons may hunt with the permission of the owner of the immovable pursuant to procedure provided by law.
§ 169. Other immovable property ownership restrictions
Supplementary immovable property ownership restrictions may be established by law for the purpose of land readjustment, construction considerations, fire safety and health, for the protection of cultural monuments and the environment, and for other societal needs.
§ 170. Right of pre-emption of state and local government
The law may provide that:
- 1)
- the state has a right of pre-emption to immovables within the boundaries of a protected natural object;
- 2)
- a local government has a right of pre-emption to immovables within the boundaries of the local government.
§ 171. Expropriation
- (1)
- The Government of the Republic or a local government may expropriate an immovable without the consent of the owner in the public interest and for fair and immediate compensation in the cases and pursuant to procedure provided by law.
- (2)
- The law may provide for other bases for expropriation in addition to those specified in subsection (1) of this section under the same conditions and in accordance with the Constitution.
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