The Estonian Supreme Court has clarified that the personal right to use a parking space, as stated in the land register, cannot be transferred without the approval of other apartment owners. This ruling highlights the complexity and potential costs involved in transferring such rights, as it requires a specific agreement among apartment owners. In a recent case, a buyer sought to assume the personal use rights of a parking space from a previous owner, but the court dismissed the application because the buyer did not present notarized consent from all other apartment owners.

The court's decision underscores the legal framework that governs the transfer of personal use rights, which aims to prevent situations where parking spaces could be bought and sold independently of the apartments they are associated with. The requirement for unanimous consent among apartment owners serves to protect the interests of all residents and maintain order within residential communities. Without this consent, the transfer of rights remains invalid, posing a significant consideration for potential buyers.

This ruling may have implications for future property transactions and highlights the importance of clear communication and agreements among apartment owners when it comes to shared facilities. Buyers in particular need to be aware of these legalities to avoid complications during property transfers, ensuring that all necessary approvals are obtained to facilitate smooth transactions.