Real estate

We help resolve disputes over real estate: land plots, buildings and premises. We advise on acquiring, managing, using and disposing of real estate in Lithuania.

Our real estate work covers partition of property, easements, land plot reorganisation projects, disputes over land plot boundaries, agreements between co-owners on the use of common property, and other property matters.

Partition of real estate

Partition means separating a co-owner’s share from property held in shared ownership, such as a land plot, a building or premises. Each co-owner may demand that their share be separated. The co-owners can agree on how; if they do not agree, on a claim by any co-owner the property is divided in kind as far as possible without disproportionate harm to its purpose, and otherwise one or more of the co-owners whose shares are separated receive compensation in money (Civil Code of the Republic of Lithuania, Article 4.80(1) and (2)). More on partition (in Lithuanian).

Easements

An easement is a right to use another person’s real estate, or a restriction on its owner’s use of it, so that another property can be used properly (Civil Code, Article 4.111(1)). An easement can be established by law, by a transaction or by a court decision, and in cases set by law by an administrative act (Civil Code, Article 4.124(1)). We can help you:

• understand the rules that apply to an easement in your case;
• assess existing easement agreements and other documents that affect your situation;
• draw up or change the legal basis for an easement;
• deal with a new easement planned on property you own;
• defend your rights if an existing easement infringes them.

More on easements (in Lithuanian).

Help with real estate transactions and documents

Our lawyers can help you conclude real estate transactions, prepare legal documents, and check documents the other side gives you on dividing, partitioning or merging land plots, buildings and premises, on easements or on the order of use, so that you know whether they serve your interests as the owner. We advise on acquiring land, including agricultural land, and take part in negotiations on easements and in disputes over land plot boundaries. More on this service (in Lithuanian).

Order of use of common property

Co-owners can agree on how each of them will use the property they own together, such as a shared land plot, building or premises. We advise on such an agreement, assess documents received from the other co-owners and whether their proposals suit you, draft the agreement, assess the plans submitted, and take part in negotiations with the other co-owners. More on the order of use (in Lithuanian).

Land plot boundaries

We advise on what to do when a neighbour disputes the boundary, when documents contradict each other, or when the registered boundary does not match the land actually held. More on boundaries (in Lithuanian).

Questions about real estate

I am buying a building that stands on someone else’s land. Do I get the right to use that land?

Yes, if the sale does not conflict with the conditions of use of that land set by law or by contract. Then the building can be sold without the landowner’s consent, and the buyer gets the right to use the relevant part of the land plot on the same terms as the seller (Civil Code, Article 6.394(1) and (3)). If the seller also owns the land, the contract must settle the buyer’s rights to it (ownership, lease or building right); a notary cannot approve a contract that does not, and if approved it is invalid (Civil Code, Article 6.394(2)).

Does an easement or an order of use need a notary and registration?

Only the owner of the property that will carry the easement can establish it by a transaction, and that transaction must be in notarial form (Civil Code, Articles 4.125 and 1.74(1)(1)). The rights and duties under an easement arise only once it is registered, except where the easement is set by law (Civil Code, Article 4.124(2)). An agreement between co-owners on the order of use binds a later buyer of a share only if it is approved by a notary and registered in the public register (Civil Code, Article 4.81(2)).

How is a mortgage that has ended removed from the register?

The creditor, the debtor or the pledgor applies electronically to the public register. When the debtor or the pledgor applies, the creditor must confirm electronically that the mortgage has ended. The application can also be filed with a notary, who passes the data to the register (Civil Code, Article 4.197(7)).

More questions and answers (in Lithuanian).

Articles in English

• Real estate lawyer in Lithuania: when you need one and what a notary does
• Buying property in Lithuania: checking for mortgages, seizures and encumbrances
• Paying for property in Lithuania: notary deposit, advance and pledge
• Can a company own land in Lithuania, and what does the notary check?
• Leasing premises in Lithuania: changing terms and ending the lease early
• Who elects an owners’ association chair, and who sets the chair’s duties