Proprietorship (Section B)

  1. Proprietorship or class of title

    Main right / Primary real right : OWNERSHIP
    Local nomen iuris: Omand
    Definition: Ownership is full legal control by a person over a thing. An owner has the right to possess, use and dispose of a thing, and to demand the prevention of violation of these rights and elimination of the consequences of violation from all other persons (Article 68 (1) Law of Property Act).

    Main right / Primary real right: COMMON OWNERSHIP
    Local nomen iuris: Kaasomand
    Definition: Common ownership is ownership in legal shares of a shared thing belonging to two or more persons concurrently (Article 70 (3) Law of Property Act).

    Main right / Primary real right: JOINT OWNERSHIP
    Local nomen iuris: Ühisomand
    Definition: Joint ownership is ownership in undefined shares of a shared thing belonging to two or more persons concurrently (Article 70 (4) Law of Property Act).

  2. Information on owners

    2.1 If owners are natural persons, information of the owner or proprietor or holder of the main right registered will usually comprise the following:

    –          Name of the owner (first name, surname) in the way governed by national legislation.
    –          ID of the owner.
    –          Date of birth

    However, normally there should not to be expected that information includes neither other identification number -passport, driving license, public health system number-, nor the person to whom the owner is married when acquisition is for the marriage or for matrimonial community of goods, nor the person to whom the owner is married in any case, nor civil status, nor address, nor owner’s e-mail or telephone.

    2.2 In the event that the owner or proprietor is a company or legal person, information will usually include:

    1. Name of the company
    2. ID of the company
    3. Registration number

    And it will not include other data such as registered office, date and place of registration, business address, telephone or e-mail.

  3. Entitlement

    Information of the Estonian land register system usually includes references to the:

    1. Entitlement or substantial entitlement, act or contract which is basis of the acquisition for the proprietor.

    Information of the Estonian land register doesn’t include references to the formal entitlement or deed of acquisition of the owner.

  4. Restrictions

    There is no information about the restrictions of the Estonian land register system.

    With respect to the information on conditions antecedent or subsequent will be included in Section C.

    In Estonia, there’re no trusts.

  5. Price

    LR information does not include the price of acquisition of the property ever.