Easement

Easement, in Austria and Switzerland also servitude, is an in rem right to use a strange thing.

Situation in Germany

The German property law distinguishes between various easements on land:

The usufruct as a comprehensive right of use
To the respective owners of any other premises entitled easement
Which a particular person is entitled limited personal easement
The permanent right of residence and the permanent right of use in accordance with § 31 Condominium Act.

In the Austrian case law there is the easement (or servitude with the same meaning ), similar again.

The Polish property law ( prawo rzeczowe ) is different:

The służebność gruntowa (Art. 285-295 of the Civil Code - kc ) - to the respective owners of any other premises entitled easement, particularly but not exclusively: służebność budynkowa (Art. 151 kc ) - " Gebäudedienstbarkeit ", ie redevelopment law
Służebność drogi koniecznej (Art. 145 kc ) - " easement for the necessary path ", ie right of way ( may also be entered as a personal servitude )

With serwitut ( " servitude " ) in Poland is usually not an easement in the modern sense meant, but a historic, 1960 extinguished forest usufruct.

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