|
§ 256. Definition of right of pre-emption
- (1)
- An immovable may be encumbered such that the person for whose benefit a right of pre-emption is established has the right to take the place of the acquirer upon transfer of the immovable.
- (2)
- A right of pre-emption may be established for the benefit of a particular person or the actual owner of another immovable.
- (3)
- A legal share of an immovable may be encumbered with a right of pre-emption only if it is the share of a co-owner.
§ 257. Creation of right of pre-emption
- (1)
- A right of pre-emption is created on the basis of law or a transaction.
- (2)
- On the basis of a transaction, a right of pre-emption is created by entry in the land register.
- (3)
- The provisions concerning immovable property ownership apply to acquisition of a right of pre-emption on the basis of a transaction unless otherwise provided by law.
- (4)
- (Repealed -17.02.99 entered into force 01.04.99 - RT I 1999, 27, 380)
- (5)
- The law or a transaction for the establishment of a right of pre-emption shall specify to whom the right of pre-emption belongs and the cases in which it can be exercised.
§ 258. Extinguishment of right of pre-emption
A right of pre-emption extinguishes by deletion of the entry from the land register.
§ 259. Right of obligated person for extinguishment of right of pre-emption
The owner of an encumbered immovable has the right to demand deletion of the entry of a right of pre-emption from the land register if the person with the right of pre-emption does not use the right of pre-emption within two months after receipt of the contract of purchase and sale.
§ 260. Restrictions on transfer of right of pre-emption
- (1)
- A right of pre-emption established for the benefit of the actual owner of an immovable shall not be severed from the immovable.
- (2)
- A right of pre-emption established for the benefit of a particular person shall not be connected to any other immovable.
- (3)
- The right of pre-emption established for the benefit of a particular person is not transferable or inheritable.
|
