Establishment of Floor Easement

Establishment of Floor Easement

Establishment of Floor Ease covers the process of transferring the buildings to be built or being built on the land to the condominium when they are completed and the official showing of the shares of the land share owners. Floor servitude is a deed prepared for the registration of the shareholders in the land registry from the beginning of the construction to the completion of the building on a land that has not yet been built or is under construction. Condominium mixed with servitude is definitely not the same thing.

The Differences Between Flat Easement and Condominium Ownership

The most important difference between the floor servitude and the condominium ownership is that the floor servitude is related to the settlement that has not been completed yet. In condominium ownership, a completed residence should be mentioned.

Condominium servitude may have a slightly higher risk than condominium ownership. If a house that has not been built or is under construction has problems in the legal process, a demolition decision can be made regarding the house. However, a building with a legal title deed in the condominium is still legally completed.

How to Establish Floor Easement?

For the establishment of a floor servitude, the owner of the land or all its stakeholders must first apply to the relevant land registry office.

The project that will be built on the land or that is under construction, the location, dimensions and the suitability of the house drawn by the architect and checked by the municipality is available. In addition, the signatures of the persons who own shares on the land are required.

After the application is made, the relevant person at the Land Registry Office checks the submitted documents. It starts the process by examining whether the applicants are land stakeholders or owners. If deemed appropriate, an official floor easement agreement is drawn up. In this way, floor servitude is arranged for the shareholders on the land in accordance with the law.

How does the floor easement end?

People who want to terminate the floor servitude can only make a written application to the land registry office to end the situation immediately. However, if the land with construction servitude is destroyed for any reason or if the building cannot be built on it, the construction servitude will automatically end in this case. Except for the cancellation process, the legal process is always open for extension of the floor easement.


This content was created on 05 March 2022 date and viewed  3756 times.