Land law. The right to limited use of someone else’s land plot (easement) (the most important)

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Land law. The right to limited use of someone else’s land plot (easement) (the most important)

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23. RIGHT OF LIMITED USE OF ANOTHER LAND PLOT (SERVICE)

Servitude - This is the right to limited use of someone else's land. The law establishes two types of servitude - private and public. An easement may be temporary or permanent. The exercise of an easement should be the least burdensome.

private easement established in accordance with civil law.

The owner of immovable property (a land plot, other real estate) has the right to demand from the owner of a neighboring land plot, and, if necessary, from the owner of another land plot, granting the right of limited use of the neighboring plot. An easement is established to ensure passage and passage through a neighboring land plot, laying and operating power lines, communications and pipelines, providing water supply and melioration, and other needs that cannot be provided without the establishment of an easement.

An easement may also be established in the interests and at the request of the person to whom the land was granted on the basis of the right of lifetime inheritable possession or the right of permanent (unlimited) use. Encumbrance of a plot with an easement does not deprive the owner of the plot of the rights of possession, use and disposal of this plot.

An easement is established by agreement between the person requiring the establishment of an easement and the owner of a neighboring plot. If an agreement on the establishment or conditions of an easement is not reached, the dispute is resolved by the court at the suit of the person demanding the establishment of the easement. The owner of the site has the right, unless otherwise provided by law, to demand from the persons in whose interests the servitude is established, a proportionate payment.

At the request of the owner of the plot, the easement may be terminated due to the disappearance of the grounds on which it was established. When the land plot cannot be used for its intended purpose as a result of being encumbered with an easement, the owner has the right to demand in court the termination of the easement.

public easement established by laws or regulatory legal acts of the Russian Federation, a constituent entity of the Russian Federation, local governments in cases where this is necessary to ensure the interests of the state, local government or local population, without seizure of land.

Public servitudes are established for passage or passage through land; for repair purposes; placement of boundary and geodetic signs and entrances to them; carrying out drainage works; water intake and watering place; cattle drive; haymaking or grazing; for the purpose of hunting, fishing, collecting wild plants; temporary use of a land plot for the purpose of survey, research and other work; free access to the coastal strip.

If a public easement leads to the impossibility of using the site, its owner (land user, landowner) has the right to demand the withdrawal, including by way of redemption, of the site with compensation for losses or the provision of an equivalent land plot with compensation for losses.

If a public easement leads to significant difficulties in the use of the site, its owner has the right to demand a commensurate payment.

Easements are subject to state registration in the manner prescribed for registration of rights to real estate.

Author: Medentsov A.S.

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