49. SERVICE RIGHTS

Servitude - limited real right to use other people's property.

It is generally accepted that the subject of easement can be land, buildings, structures, water bodies. However, some authors believe that servitude law can also apply to the individual. An example of a personal easement is the right to live in someone else's house for life, which arose by virtue of a testamentary refusal.

The servitude right burdens the property of the owner, but does not deprive him of the three powers of the owner.

Subjects of servitude legal relations may be citizens and legal entities.

Types of easements:

▪ public, established by law in the interests of all persons (for example, everyone can use water bodies in accordance with Article 43 of the Water Code of the Russian Federation);

▪ private, established on the basis of an agreement, but in accordance with the law.

The essence of easement law can be easily understood by the example of land easement. Thus, the owner of a land plot may demand from the owner of a neighboring land plot the right of limited use for passage, passage, etc. A land plot represented on the right of an easement is called an "employee", and a land plot whose owner requires the establishment of an easement is called " dominating."

An easement is established by agreement of the parties, and in case of failure to reach an agreement - by a court decision. An easement is subject to state registration, it may be paid.

Attached to the easement right of succession. This means that it remains the same even when the owner of the “employee” of the land plot changes. The owner of a “servant” land plot may demand termination of the easement if it interferes with the use of the land plot for its intended purpose. If agreement between the participants in the easement is not reached, the dispute is resolved by the court.

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