Summary

A principle is established in accordance with subsection 68 (2) under which the rights of an owner may only be restricted by law or the rights of other persons. In essence, this provision echoes § 32 of the Constitution, according to which restrictions on property ownership must be prescribed by law. The Supreme Court has emphasised that every owner fundamentally has the right to possess and use their property at their own discretion, and their rights may only be limited by the rights of other owners or persons or by general public interests. This means that the right of ownership may be restricted on both private and public law grounds.

In judicial practice, it is often the case that the economic interests of a non-owner with an interest in the real estate are weighed against those of the owner, frequently treating the owner and the non-owner on nearly equal footing. In today’s mainstream politics and public discourse, a society centred on private property is, at least rhetorically, rarely questioned. However, certain elements borrowed from various ideologies and foreign models, where private ownership may no longer be seen in the same central role, have been introduced into this perspective.

This article focuses specifically on the restriction of an immovable owner’s rights due to private interests, leaving aside extensive public law restrictions.