Civil law contains such a thing as “easement”. This is the right to use someone else's thing, provided to ensure the possibility of realizing any specific goals. It can be used to protect the environment, cultural and historical monuments, improve people's livelihoods, state security, as well as other generally useful purposes.
The word and concept of "servitutus" originated in ancient Rome. Literally, it is translated as “slavery of a thing”. Easement is a property right. It acts as long as the thing itself exists. Its owner is a obligated party and grants a limited right to use to an authorized party.
The right is subject to mandatory state registration in the Unified State Register by submitting an application. If a easement is set for a land plot, then a certified plan must also be attached, which indicates the scope of the easement (only if it does not apply to the entire territory).
Types of easements :
- Private. It is established as a result of an agreement between a person who wants to establish an easement and the owner of a plot located in the neighborhood. Registration takes place by drawing up an appropriate contract.
- Public is established as a result of the publication of a law (another normative act) to ensure the interests of the population, local government or the state, when there is no need to seize land .
A public easement can be established for various purposes. Unlike a private one, it arises to satisfy public interests, and not a specific person, and is not directly related to the needs of a neighboring land plot. The following bases are fixed in the Civil Code. It can be installed for:
- Passage (passage) through the land.
- Watering hole and water intake.
- Establishments on the site of geodetic and boundary marks.
- Pastures or driving livestock or haymaking.
- For fishing in a pond located on the land.
- Providing access to the coastal strip.
- Conducting drainage work.
- Repair engineering, electrical networks, transport infrastructure facilities.
- Conducting research and survey work.
Servitude is a right that cannot be the subject of a gift, sale, exchange, etc. It can not be transferred to persons who are not owners of real estate, to ensure the use of which it is installed. The easement is preserved upon transfer of rights to the encumbered land to another person.
In what cases can a servitude be terminated? This is possible if the grounds on which it was installed have disappeared. For example, there was the possibility of access to real estate in another way. In addition, in court, the owner of the land can apply for termination if it is impossible to use it for its intended purpose due to encumbrance, or demand a ransom with compensation for losses. In case of significant difficulties in use, he has the right to receive a proportionate fee from the body that established the easement.