Czech mortgage glossary

Easement (věcné břemeno)

Rights in rem over someone else's property that restrict the owner in favour of another person or plot (§ 1257 et seq. of the Civil Code). They include servitudes (služebnosti), where the owner must tolerate or refrain from something, and real burdens (reálná břemena), where the owner must give or do something. They are entered in part C of the title sheet (list vlastnictví) and bind every later owner. Which ones a bank accepts: easement and a mortgage.

Example

A house for CZK 5,000,000 has a right of way for a neighbour and a gas-pipeline right for the distributor on its LV. The valuer treats them as standard and does not lower the value; the bank lends CZK 4,000,000 at 5.00 % (LTV 80 %). If it were a third party's lifelong use of the house, the collateral value (zástavní hodnota) would drop sharply.

In practice

Utility lines, access roads and other “technical” easements are routine for banks. Personal servitudes of housing or use are another matter, because they make the collateral harder to sell; the bank then requires them to be deleted or turns the mortgage down. Read the deed that created the easement as well. The scope of the right (e.g. the width of a path) is set out only there, not on the LV.

How it differs

A servitude (služebnost) is the kind of easement where the owner merely tolerates or refrains; a real burden obliges the owner to act. A lien (zástavní právo) is not an easement at all. It does not restrict use; it only secures a debt.

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