RIGHT OF FOREIGN NATIONALS TO ACQUIRE OWNERSHIP AND OTHER RIGHTS IN REM ON IMMOVABLES – A COMPARATIVE OVERVIEW OF REGULATORY FRAMEWORK IN EIGHT EUROPEAN STATES

Abstract

The legal status of foreign nationals, and in particular their right to acquire ownership and other rights in rem over immovable property has always been a result of striking a balance between a restrictive policy and the state’s need to protect its own citizens, on the one hand, and the intention to remove obstacles for the free movement of persons and to create an enabling environment for doing business, on the other. Even though EU member states have mutually liberalized their real estate markets, the limitations imposed on third country nationals still exist; however, the tendency is for these limitations to be reduced in number and type.

The paper provides an overview of regulatory solutions applied in eight EU member states, which can serve as a good practice example and provide guidance for transition countries.