A special right is a more limited right than 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 leasehold. Other special rights include rights-of-use (or usufruct), pension rights and agreements on joint administration of a property. See instructions for payment of transfer tax.
Secure your rights
We recommend that you register your special right to secure it.
Registration of special rights is voluntary, with the exception of leaseholds. Holders of a lease or other rights-of-use must apply for the registration of their right, if:
- The right can be transferred to a third party without the consent of the landowner.
- There are constructions belonging to the leaseholder on the leased land.
- It is permitted to build constructions belonging to the leaseholder on the leased land.
The whole process takes about 4–6 months.
Apply for a special right
- Make sure you have the necessary appendices.
a) When a leasehold is established, you must provide an original copy of the contract of lease. If the lessor is a municipality, you must also provide a legally valid municipal decision to lease.
b) When the leasehold is to be transferred you must provide the original contract of transferral to a new leaseholder. If you are buying a leasehold, you must provide the receipt for payment of the purchase price, file and pay transfer tax.
c) When another right is processed, you must provide the original contract regarding the use of the right.
- Fill in the application form for leasehold or for special right (in Finnish).
- Send the application by post or deliver it yourself to our customer service. Please note that ordinary, unencrypted e-mail is not secure. Send documents containing confidential information by secured e-mail or Securedmail.eu. Physical documents will be returned to you when your case has been initiated.
Joint ownership agreement
A property can be owned as unseparated parcels, such as equally between two parties. Owners of a property owned as unseparated parcels can engage in a mutual agreement on the use and ownership of the property. Such an agreement is called a joint ownership agreement.
A joint ownership agreement may concern a property owned as unseparated parcels, such as an estate or plot, a parcel separated from it and lease or other right. Agreements may include highly detailed terms and conditions regarding jointly used areas, parking spaces, access routes, play areas, the management of areas and the division of costs.
An agreement should be made in writing
A joint ownership agreement does not have any fixed format. However, it should be made in writing and be dated and signed. The agreement must indicate the following:
- Parties to the agreement, and the division of ownership between the parties.
- Whether the agreement is valid for a fixed term or until further notice. If the validity has not been defined, the agreement is deemed to be valid until further notice.
- Information on the property subject to the agreement (property identifier, municipality, the name or number of the village or district, the name and registration number of the estate, or the number of the block and plot).
- Parcel identifier in the case of a parcel.
- The date of the lease agreement and any facility identifier in the case of a leasehold.
The parcel and facility identifiers can be found from the title registration or encumbrance certificate, for example. In addition to a written description of the division of ownership, you can also attach a map, on which the division of ownership is marked and to which the agreement refers.
Registration strengthens the agreement
A joint ownership agreement should be registered as a special right to the property in the title and mortgage register because, if the ownership of the property changes, an unregistered joint ownership agreement will not be binding on the new owner if they were unaware of the agreement when receiving their ownership. The registration also makes the agreement more permanent in any forced liquidation, such as enforcement proceedings.
Some rights cannot be registered as a special right
If the right has been granted to a person, it is registered as a special right. If the right has been granted to a property, it is an easement. Easements are granted in cadastral surveys (private road rights, rights-of-use [in Finnish])