Easement means limited use of other people's real estate. It can be installed for passage or passage to the desired site, for laying transmission lines, water supply, as well as other needs of the land owner. In addition, the easement must be registered in the manner prescribed by law. A citizen who owns an encumbered plot may ask for a fee.
Definition
The owner of the land has the right to demand from another citizen, in whose interests the encumbrance of the plot is established, a certain remuneration, unless otherwise provided by law, as stated in Art. 274 of the Civil Code of the Russian Federation. The easement is carried out only by agreement of the parties and requires state registration. In the event that the two owners of neighboring plots failed to agree and resolve the issue among themselves, then this dispute should be resolved in court.
Private
The limited right to use someone else's property should be established only for certain purposes. For example, for the passage or passage to a house or a plot, as well as for the construction of facilities, as stated in Art. 274 of the Civil Code of the Russian Federation. The easement does not prohibit citizens from owning, disposing of and using land, even when this restriction is established on it.
In this case, an agreement must be concluded between the parties. Otherwise, disputes on this issue are resolved only in court, as article 274 states. The right of limited use of someone else's land (easement) must be registered with the competent authorities, otherwise such a transaction will be invalid.
The agreement is drawn up by citizens only in writing. It can provide for items that provide for the payment of easement by its user. After that, this right is registered in the same manner as real estate.
The cadastral number of the plot and its address will serve as mandatory data in such an agreement. If the easement is established only on a certain territory of the earth, then it is necessary to mark its borders on the general plan. Cadastral engineers deal with this issue . If the land owner refuses to provide a plot for encumbrance, the dispute is resolved in the court, as indicated in Art. 274 of the Civil Code of the Russian Federation. The easement is registered on the basis of this decision.
Public
The main function of this easement is exactly the same as the private one. Only a public, limited right to use someone else's real estate affects the interests of the state and society. Therefore, this easement is established only on the basis of regulations. Moreover, all the same requirements of Art. 274 of the Civil Code of the Russian Federation. The easement, which is public, can also be paid when using it, if required by the land owner and this is not prohibited by law.
It is installed for the following purposes:
- crossing a piece of land, if in another way citizens cannot get to a certain territory or building;
- for repair of engineering and communication networks, infrastructure facilities;
- conducting drainage work;
- temporary use for various surveying and survey activities;
- haying, moving animals to another territory.
An application for registration of a public easement is submitted by the authority that established it. Until that moment, it will be invalid. In addition, the established restriction may be onerous, but only if it significantly complicates the use of the site. The payment may be required by the owner of the land where the easement is established. Civil Code of the Russian Federation 274 also states that a person is not deprived of the right to dispose, use and own land.
A comment
Easement means the limited use of someone else's thing, which is necessary for another citizen to achieve certain goals. Article 274 of the Civil Code of the Russian Federation with commentary states that objects in this case can only be land plots and buildings, structures. Moreover, a thing that is burdened with an easement is called an employee.
The subject here can be not only the owner, but also the person to whom the land was transferred under unlimited use rights, as stated in Art. 274 of the Civil Code of the Russian Federation with comments. The Civil Code of the Russian Federation indicates that a public easement is established by the authorities in the event that it is necessary to ensure state interests and society.
In addition, the grounds for its establishment are exhaustive and spelled out in the law itself. Article 274 of the Civil Code of the Russian Federation and commentary state that easement is necessary for travel or passage, as well as for communication, water supply, but only if it is impossible to do without this right.
Arbitrage practice
Article 274 of the Civil Code of the Russian Federation indicates that in order to establish a limited right to use someone else’s thing, it is necessary to conclude a certain agreement with its owner. As a rule, it is not always possible to agree peacefully, but mainly because many citizens want to do this for free and do not pay anything to the owner of the land. While the easement is a serious burden and causes a lot of inconvenience to the property owner.
Judicial practice under Article 274 of the Civil Code of the Russian Federation is quite common and has many examples, here is one of them.
A citizen turned to his neighbor with a request to conclude an agreement on the limited use of part of his land, because only through him could he get to his country house. The latter refused, citing the fact that he did not want to endure inconvenience. The citizen had to go to court.
From the materials of the case it follows that the person was asked to conclude an agreement on the establishment of easement on his site on a voluntary basis, because in another way his neighbor could not go and drive to his country house. But he refused, citing the fact that this restriction would cause him great inconvenience. At the same time, the Civil Code states that the controversial issue of establishing easement is decided only at the hearing. The parties in the process came to an amicable agreement and agreed that the encumbrance of the land would be paid. Thus, they resolved their conflict with mutual benefit.
registration
In order to properly carry out the establishment of the burden on the site, you must contact the competent authorities with a full package of documents. To do this, you will need:
- two statements - from the owner of the land and the person applying for easement, while the latter must have with him an agreement or a court decision;
- cadastral plan, where that part of the territory that is subject to encumbrance will be marked;
- receipt of payment of state duty for this procedure;
- passports of both persons.
After all the actions are completed, this right to use someone else's property will be deemed to be duly executed.
Termination
In the event that the established easement is no longer necessary, then it can be canceled by a court decision. Also, its effect may be terminated on the grounds specified in the agreement. Moreover, this fact must also be recorded in the registration chamber.
Cancel
In the event that a piece of land that is burdened with an easement has become unsuitable for use for its intended purpose, the owner has the right to demand that the authorities purchase it. In addition, he may appeal to the court with a request to cancel it. In addition, the owner may require the replacement of unusable land with another.
The public easement established by authorities for public and state needs should be discontinued if this is no longer particularly necessary. This action is confirmed by an act drawn up.