Establishment of the right of easement to the plot in co-ownership of unit's owners without charges on the units

The Act on Ownership of Flats creates a close interrelationship of the ownership of unit, co-ownership of common parts of building, in which the unit finds, and co-ownership of plot, on which the building is located (if the owner of building is also the owner of plot). By entry of the easement for use of the plot, cadastral offices in practise conditional the entry of the easement for the plot at the same time by restriction of the ownership to the unit. The cadastral offices justify this by the close interrelationship of the co-ownership of common parts of building, the plot and the ownership of unit.

This practise refused the Supreme Court in its decision 21 Cdo2631/2011 from 15.12. 2011 in which expressed an opinion that close interrelationship of the unit and co-ownership of common parts of building and the plot may only concern with transactions with the possible legal consequence connected with transfer of the co-ownership share of the plot. This situation concerns for example pledge, security transfer of right or pre-emption right. However, the execution of right of easement is never connected with transfer of the serving plot. The easement connected with the plot should be therefore enrolled only for the plot not for the unit. Another reason is the fact that the easement for the plot (for example easement of access to land or easement of parking in the unit) cannot be executed. Therefore the cadastral offices should essentially enrol the easement only for the plot and should not request enrolling of the easement also for the unit.