Removal of an easement of lifetime use (residence) from the Land Registry (kataster). Find out how to remove a right of lifetime residence, which documents are required and how the removal proceeds.
Removal of an easement consisting of a right of lifetime residence (use) in a property is needed above all once the right of residence has expired — for example, upon the death of the beneficiary, by agreement of the parties, or by a court decision. If you wish to sell the property, gift it or settle it legally, it is important to have the easement removed from the title deed (list vlastníctva).
A right of lifetime use may be created only over immovable property — for example, a flat or a house — either over the whole property or only over a defined part of it. This right may arise in particular by contract, by will, or by an inheritance agreement approved by a court. In practice, it is most often created by an easement agreement, which must be in writing with the notarised signature of the party burdened by the easement. The agreement takes effect once the registration (vklad) in the Land Registry (kataster) is approved. Several rights of lifetime residence may be created over a single property — for example, for both parents. The beneficiary, however, may use the property only to the extent agreed in the contract and may not unilaterally extend their rights to other persons.
A right of lifetime residence, as an easement, may expire in several ways. It most commonly expires upon the death of the beneficiary, since it is a right attached to a specific person and, as a rule, is not transferable to heirs. After the beneficiary's death the right expires automatically; however, to remove it from the title deed, a removal from the Land Registry must be carried out by way of a record entry (záznam).
An easement may also expire by a written agreement between the owner of the property and the beneficiary, in which they agree on its cancellation. An agreement on the cancellation of an easement must be in writing, and the signature of the beneficiary of the easement must be notarised. In that case, the removal of the easement is carried out through an application for registration (vklad) in the Land Registry. A further way an easement can expire is by a court decision, in particular where there has been a substantial change of circumstances or where a gross disproportion has arisen between the easement and the benefit to the beneficiary.
A right of lifetime residence may also expire upon the destruction of the property itself or by merger of rights — for example, if the beneficiary becomes the owner of the property. In every case, to have the easement removed from the title deed, an application together with the relevant documents must be submitted to the Land Registry.
If the beneficiary of a right of lifetime residence dies, the easement expires by operation of law, since it is a right attached to a specific natural person. Nevertheless, it remains recorded on the title deed until it is removed from the Land Registry.
The District Office, cadastral department, carries out the removal of the easement on the basis of a record entry (záznam), and the death of the beneficiary must be proved. This fact is most commonly proved by a death certificate or a final court decision declaring the person dead. These documents are then submitted to the competent District Office, cadastral department.
In practice, however, the person seeking the removal may not have the death certificate available. In that case, it is possible to proceed under the Act on Civil Registries, which sets out the range of persons entitled to request an official extract from the register of deaths. These are, in particular, family members or other entitled persons specified in the Act.
Where an easement of lifetime residence is removed after the death of the beneficiary, the removal is carried out by way of a record entry and no administrative fee is payable. Where an easement of lifetime residence is removed by way of a record entry, the District Office, cadastral department, generally carries out the removal within 60 days of the commencement of the proceedings.
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We provide legal advice on the removal of easements from the Land Registry, prepare the necessary documentation and represent clients in proceedings before the District Office, cadastral department, as well as in court disputes concerning real estate and easements.
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