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§ 241. Definition and extent of right of superficies
- (1)
- An immovable may be encumbered such that the person for whose benefit a right of superficies is constituted has a transferable and inheritable right for a specified term to own a construction permanently attached to the immovable.
- (2)
- In addition to the land under a construction, a right of superficies extends to the part of the immovable which is necessary for use of the construction.
- (3)
- The extent of a right of superficies shall not be confined to one part of the construction, such as a storey.
- (4)
- The provisions concerning immovables apply to a right of superficies unless otherwise provided by law.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
- (5)
- A construction which is constructed on the basis of a right of superficies or exists at the time of its constitution is an essential part of the right of superficies.
§ 242. Creation and extinguishment of right of superficies
A right of superficies is created by entry in the land register and extinguishes by deletion of the entry from the land register.
§ 243. Extinguishment of right of superficies on demand of owner of immovable
If the owner of a right of superficies (superficiary) has not erected the required construction by the deadline prescribed by the basis for acquisition of the right of superficies or violates an obligation arising from subsection 247 (2), the owner of the encumbered immovable has the right to demand extinguishment of the right of superficies.
§ 244. Extinguishment of right of superficies by agreement
A right of superficies may be extinguished prematurely by agreement of the superficiary and the owner of the immovable.
§ 244. Reversion of right of superficies
- (1)
- Upon the arrival of an agreed prerequisite, the owner of an immovable has the right to demand entry of a right of superficies in the name of the owner (reversion).
- (2)
- The right of an owner to demand entry of a right of superficies in the name of the owner shall not be separate from the immovable.
- (3)
- The limitation period of the claim specified in subsection (1) of this section expires six months after the date the owner of the immovable became aware of the existence of the relevant prerequisite, however, not later than two years after the creation of the claim.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
§ 244. Compensation for right of superficies
- (1)
- Upon reversion of a right of superficies, the owner shall pay compensation to the superficiary. The content of a right of superficies may be an agreement concerning the amount of compensation and method of payment or preclusion of compensation.
- (2)
- If a right of superficies is constituted for the ownership of a residential building, agreement concerning preclusion of compensation specified in subsection (1) of this section is prohibited. Compensation shall not be less than two thirds of the value of the right of superficies at the time of the reversion of the right of superficies.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
§ 244. Preservation of encumbrance
- (1)
-
Upon the reversion of a right of superficies, the following encumbrances incumbent on the right of superficies are preserved:
- 1)
- a mortgage or real encumbrance which does not belong to the superficiary;
- 2)
- other restricted real right which encumbers an immovable also encumbered by the right of superficies.
- (2)
- Other real rights incumbent on a right of superficies become invalid.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
§ 245. Extinguishment of right of superficies upon acquisition by owner of immovable
- (1)
- If one and the same person becomes the owner of a right of superficies and the plot of land, the right of superficies shall be deleted from the land register on the basis of the application of the person. Until deletion of the entry, the right of superficies continues as a real right unless the owner submits an application for the deletion of the right of superficies.
(17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
- (2)
- A right of superficies may be deleted from the land register after all encumbrances and other obligations which were established on the right of superficies for the benefit of third persons are deleted.
§ 246. Preservation of right of superficies upon destruction of construction
A right of superficies does not extinguish by destruction of the construction.
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