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An easement grants a limited right to use another person\u2019s property for a specified purpose, such as passage or routing a utility connection.<\/strong> Ownership of the burdened property remains with its owner. The way an easement is created and the scope of the right depend on its specific type.<\/p>\n Bulgarian legislation does not contain a single, comprehensive framework for easements. Rules are set out in a number of statutes, including the Spatial Development Act, the Energy Act, the Water Act and the Agricultural Land Protection Act.<\/p>\n Under a land easement, one property serves the use of another. The applicable rules depend on the type of right and the statute under which it arises. Rights of way, utility connections and energy easements have different prerequisites.<\/p>\n A land easement is a restriction imposed on one immovable property for the service and benefit of another immovable property owned by a different person. This means that two immovable properties are required: one for whose benefit the easement is created (the \u201cdominant property\u201d) and another burdened by the easement (the \u201cservient property\u201d).<\/p>\n An easement is a limited real right burdening the property subject to it. As a limited real right, an established easement is effective against everyone: its holder may require others to refrain from acts incompatible with the holder\u2019s rights over the servient property and to cease such acts. This applies to the owner of the servient property as well. The form of establishment and registration requirements are determined by the applicable statute. For example, Article 192 of the Spatial Development Act provides for a written agreement with notarised signatures for a right of way; where statutory conditions are met, an administrative act may also be possible.<\/p>\n A right of way under Articles 35\u201338 of the Agricultural Land Protection Act is established by administrative order of the mayor of the district or town hall where the property is located. The order specifies the route and the compensation due. If the need for passage ceases, the right of way is terminated under Article 36 of the Act by an order of the mayor.<\/p>\n The construction of temporary roads under Article 190 of the Spatial Development Act is permitted in cases specified by law. Ownership of the parts of the properties occupied by those temporary roads is retained under Article 190(4).<\/p>\n A right of way over another person\u2019s land plot under Article 192 of the Spatial Development Act is an easement established by a written agreement with notarised signatures. The agreement must be registered in the Property Register under the records of both properties. If no agreement is reached and another technical solution is manifestly economically inexpedient, Article 192(2) allows the right to be established by an order of the mayor of the municipality. The neighbour\u2019s refusal alone is not sufficient. A right of way over state or municipal land is established by an order of the regional governor or, as applicable, the mayor of the municipality.<\/p>\n The right to route a connection from common technical infrastructure networks and facilities is provided for in Article 193 of the Spatial Development Act. This easement includes the right to build and acquire ownership of a connection to the common technical infrastructure network where it is constructed on another person\u2019s property. It is established by a written agreement with notarised signatures, which must be registered in the Property Register under the records of both properties. If no agreement is reached and another technical solution is manifestly economically inexpedient, the right to route the connection may be established by an order of the mayor of the municipality. Restrictions on construction and use, effects on existing buildings and statutory exceptions should also be checked.<\/p>\n Under Article 103(2) and (3) of the Water Act, land easements relating to water bodies may arise by operation of law or from a legal transaction, or may be acquired by ten-year acquisitive prescription.<\/p>\n The right to convey water, governed by Articles 112\u2013115 of the Water Act, is an easement established by agreement between the owners of the two properties. Each owner must grant a right to convey water across their property to anyone with a permanent or temporary need for it. If they fail to reach agreement, the right is established by an act of the director of the basin directorate; the easement may be exercised only after the compensation set for the owner of the servient property has been paid in advance.<\/p>\n Current legislation also provides for easements in favour of energy companies under the Energy Act (Articles 64\u201368), easements under the Forest Act, easements arising from the location of properties (Articles 108\u2013111 of the Water Act), and easements arising from a legal transaction.<\/p>\n There is no single price or procedure for all easements. For a legal assessment in Varna, you may contact the firm regarding property law and real estate<\/a>.<\/p>\n Source on administrative establishment: Administrative Register \u2013 right of way under Article 192 of the Spatial Development Act, Municipality of Varna<\/a>.<\/em><\/p>\n Tomovi Law Firm \u2013 Varna provides legal consultations and representation in court in individual cases.<\/p>\nLegal framework for easements<\/h2>\n
What is a land easement?<\/h2>\n
Passage through agricultural property<\/h2>\n
Temporary road and right of way<\/h2>\n
Establishing a right of way under Article 192 of the Spatial Development Act<\/h2>\n
Routing utility connections under Article 193 of the Spatial Development Act<\/h2>\n
Water, energy and other easements<\/h2>\n
What should you check before establishing an easement?<\/h2>\n
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