A special right is a more limited right than the right to property ownership. Special rights usually belong to parties other than the property owner. It is based on, for example, an agreement or last will and testament.
The most common special right is the right of tenancy, in which the landowner lets a parcel of land to a third party for instance as a lot for building a single-family home. Other commonly registered special rights are rights of usufruct, pension rights and agreements on joint administration of a property.
The registration of above mentioned rights is voluntary. Registration must be applied for under a tenancy agreement or other right of usufruct agreement concerning land owned by another party, provided that the following terms are met:
- The right is temporary
- The right can be transferred to a third party without the consent of the landowner
- Thetract has buildings or equipment belonging to the lessee or said items may be erected on the tract
We recommend the registration of special rights in all cases to ensure their validity and enforceability. When the right has been registered, it is shown on the certificate of mortgages and encumbrances.
Common registered special rights:
- Right of tenancy
- Right to use
- Pension right
- Agreement on joint administration of a property
Less common special rights:
- Logging right
- Various rights to take substances from the ground, e.g. right to take gravel
- Some rights pertaining to buildings or constructions and related to business activity
- Registered components and appurtenances
Special rights cannot be registered if:
- The right has been made permanent
- A particular real property unit is the beneficiary of the right, or
- The right has been established by official decree, e.g. in a cadastral survey
In above mentioned cases the right is an easement. Easements can primarily be established during cadastral surveys on the basis of a contract between the parties. The easements pertaining to a property are shown on the cadastral certificate.
Good to know
- Registration must be applied for within six months of establishing rights (e.g. signing an agreement).
- The application must be submitted in writing.
Apply for registration of a
- Special right: Complete the application form (in Finnish) and send it including appendices to the National Land Survey.
- Leasehold: Complete the application form (in Finnish) and send it including appendices to the National Land Survey.
- Handling time estimate: 3–5 months
- Price list (in Finnish)
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