Real Rights Agreements: Servitudes, Usufruct & Superficies

Real Rights Agreements: Servitudes, Usufruct & Superficies

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The true value of a property is defined not just by its size or location, but by the non-negotiable legal right to access and use it. These rights are the property’s legal circulatory system; without them, your asset can become an isolated, undeveloped, and unusable resource. Imagine the only road to your land passes through a neighbor’s territory, secured only by a verbal promise. Or perhaps you wish to grant a family member the right to live in your house for their lifetime, while you retain legal ownership. An unformalized relationship is a legal time bomb, ready to explode into a dispute at any moment, blocking access to your own property and destroying its value.

Legal Sandbox transforms these ambiguous and risky arrangements into legally indestructible, enforceable "real rights" (sanivtho uflebebi). Under the Civil Code of Georgia, these rights are not simple personal contracts; they are powerful legal interests that attach directly to the property itself and are binding on all future owners. Our role is to analyze your specific needs—be it for access, utility, development, or estate planning—and engineer the precise legal instrument that achieves your goal while protecting your long-term interests.

Our expertise covers the drafting and negotiation of all forms of Servitude agreements. These agreements grant one property (the dominant estate) a specific, defined right over another (the servient estate). This is most commonly used to secure a critical right of way (easement) for access, guaranteeing that your property never becomes landlocked. It is also essential for establishing the right to run utility lines, such as water, gas, or electricity, across an adjacent property, making development possible. We ensure these agreements are clear, precise, and not overly burdensome.

We also structure more complex real rights essential for development and asset management. For developers, we are experts in negotiating and drafting Superficies agreements (Agnagoba). This is a powerful right that allows a person to construct and own a building on a piece of land that belongs to someone else, typically for a long term. For asset management and estate planning, we utilize Usufruct agreements. This right grants a specific person (the usufructuary) the full right to use your property and enjoy its "fruits" (e.g., live in a house, rent it out, or harvest crops), while you remain the legal owner, with the property automatically reverting to you upon the usufruct's termination.

It is critical to understand that under Georgian law, any such agreement—whether for a servitude, usufruct, or superficies—only becomes legally binding and enforceable against third parties upon its official registration with the National Agency of Public Registry (NAPR). A private, unregistered contract offers zero protection if the neighboring property is sold. We manage this entire registration process, ensuring all technical and legal documentation is correct, to ensure your rights are unequivocally protected and permanently recorded against the property's title.

Ultimately, an agreement for real rights crafted by Legal Sandbox is more than just a document; it is a pre-emptive strike against future disputes and a permanent guarantee of your property's functional and financial value. We create the legal certainty that protects not only your property, but also your relationships with neighbors and family. To legally fortify and define the access, usage, and development rights for your property, contact the Legal Sandbox team for a strategic consultation.

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