You may be thinking…

“Donating within the family is about trust, I don’t need any safeguards.”
But experience shows the opposite – even within families, conflicts can arise, and if the donation contract does not secure an easement, it may be too late.

Clients often ask me

• How can I secure lifelong housing after donating my apartment?

• Is an oral agreement enough, or must the easement be in writing?

• How much does it cost to set up an easement?

• Can the donee cancel the easement if the property is sold?

What is an easement of use

• Definition: An easement (right of servitude) is a legal instrument that restricts the owner of a property for the benefit of another person – typically allowing the donor to continue using the property.

• Lifelong right of residence: The most common form, where the donor has the right to use the apartment until death.

• Land Registry entry: Without registration in the Land Registry, the easement has no legal effect against third parties.

The most common mistakes and risks

• Forgetting the easement: The donor gifts the apartment without it → the donee can sell the property without securing housing for the donor.

• Poorly worded contract: The easement is not described precisely enough → dispute over the scope of use.

• Missing Land Registry filing: The contract itself is not enough; a registration proposal must be filed.

• Blind trust in family promises: Legal protection is more reliable than promises.

Step-by-step process

1. Decide the scope of use (just the apartment? garden, cellar, garage?).

2. Have a lawyer draft a donation agreement including the easement.

3. Make sure the easement is expressly stated and described.

4. Sign the contract with verified signatures.

5. File a proposal for registration of the easement with the Land Registry.

Real-life examples

• A client donated an apartment to his son but didn’t secure an easement. After a family conflict, he ended up renting elsewhere.

• A couple donated a house to their daughter and set up an easement of use. The daughter sold the house, but the new owner had to respect the easement – the parents could still live there.

• A senior relied on a “verbal promise” and refused an easement. Six months later, he was left without a home.

Why not rely on DIY solutions

Sample contracts often include easements only in vague form (“the donor has the right to use the apartment”). They lack specification of who pays utilities, repairs, or whether the right also applies to other persons (e.g., the donor’s partner). Without precise wording, disputes are inevitable.

Lawyer’s recommendation (checklist)

☑ always include an easement, even within family donations
☑ the easement must be described precisely – scope, lifelong, obligations of the donee
☑ don’t forget registration in the Land Registry
☑ in complex cases, consult a notary or lawyer
☑ never rely on oral promises

FAQ

Can I arrange the right of use orally?
No, it must be in writing and registered in the Land Registry, otherwise it is unenforceable.

What if the donee sells the apartment?
The easement remains registered in the Land Registry; the new owner must respect it.

How much does registration cost?
The administrative fee is CZK 2,000.

Must the easement always be lifelong?
No, it can be agreed for a fixed term, but lifelong easements are the most common.