Necessity and possibilities for establishment of easements on own land plot

Abstract

The legal framework of easement rights in Bulgarian law requires that the dominant and servient land plot belong to different owners in order to establish an easement. The present study examines situations in which the owner needs to establish an easement on his property and the available options for establishing such an easement. An analysis is made of the relevant Bulgarian law provisions requiring different owners of the dominant and servient land plot. A comparative analysis of the legal framework on this matter in other jurisdictions is presented. On the basis of the study and in view of the current legislation, suggestions are made to cater for the need of establishing an easement over one's own property. In addition, de lege ferenda proposals are put forward for allowing the establishment of an easement between properties owned by the same person.