What is Servitutas?

A Lithuanian easement — a registered right that allows one property owner to use part of a neighbouring property for a specific purpose such as access or utilities.

Key Facts — Servitutas

A servitutas (easement or servitude) is a real right (daiktinė teisė) that burdens one property (the servient estate) in favour of another property (the dominant estate) or a specific person. Common examples include rights of way (kelio servitutas), drainage easements, and utility pipe corridors.

Easements in Lithuania are created by notarial deed, by court order, or by law. They must be registered in the Nekilnojamojo turto registras to be effective against third parties. A registered easement binds all future owners of the servient estate.

When buying property in Lithuania, check the Real Estate Register carefully for any easements burdening the property. Some easements — such as a right of way used by a neighbour — significantly limit your enjoyment of the property. Others — such as a utility easement along a boundary — may have little practical impact.

A property owner affected by an unreasonable easement can apply to court for modification or extinction of the easement, particularly if circumstances have changed since it was created. However, extinguishing an easement that genuinely benefits the dominant property is rarely successful.

Buyers should also check whether the property they are buying benefits from easements over neighbouring land. An access easement, for example, may be essential to reach the property and its loss could make the property landlocked and valueless.

Common Mistake: Not checking for utility easements before planning building works. A registered utility easement gives the utility company the right to access and maintain its infrastructure — building over it without permission is illegal and may require costly removal.
Expert Tip: If purchasing land for development, check not only registered easements but also informal rights of way that neighbouring landowners have used for years. Lithuanian courts can recognise prescriptive easements based on long use even without registration.
Related terms: NEKILNOJAMOJO TURTO REGISTRAS HIPOTEKA KADASTRAS

Frequently Asked Questions

Can a new owner terminate a registered easement?

No. A registered easement runs with the land and binds all future owners of the servient estate unless extinguished by agreement or court order.

Who maintains the servient property during an easement?

The servient landowner maintains the burdened area unless the easement deed says otherwise. The beneficiary of the easement must use it without causing unnecessary damage.

How do I check what easements burden a property?

Order a full register extract (registro išrašas) from the Nekilnojamojo turto registras portal (regia.lt). Easements appear in the encumbrances section.

→ Read our full guide: Guide To Lawyers In Lithuania

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AvökatFinder Editorial Team Legal glossary editors — expat legal terms across 41 European countries

This glossary entry is produced by the AvökatFinder editorial team and reviewed for accuracy. It is for informational purposes only and does not constitute legal advice. Always consult a qualified lawyer in Lithuania for advice specific to your situation.

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