Can the beneficiary of an easement allow third parties to use the burdened property as well?

As a general rule, the beneficiary of an easement is entitled to use the burdened property only within the scope of the right created and, as a matter of principle, for their own needs. They cannot, without more, transfer this right to third parties.

A certain softening of this strict principle comes above all from older Czech judicial practice, which yields key conclusions on a more flexible exercise of this right:

• Living with close persons: According to decisions of the Supreme Court of the Czech Republic (file nos. 22 Cdo 555/2004 and 22 Cdo 1726/2007), in the case of easements attached to a person (in personam), it is considered a natural exercise of the right if the property is used, together with the beneficiary, also by persons close to them (in particular a spouse) or by persons whose presence is of a temporary nature (short-term visits). This does not amount to an impermissible extension of the easement.
• Use by a tenant: Czech case law also accepts that the right corresponding to an easement may, to a certain extent, be exercised by a person other than the beneficiary themselves. In a judgment of the Supreme Court of the Czech Republic (file no. 22 Cdo 328/2005), the court held that the right of passage over the burdened land may be exercised not only by the owner of the benefited property but also by its tenant, where this is necessary for the proper use of the dwelling.