in civil law contains such a notion as "servitude".It is the right to use someone else's thing to be allowed to permit the implementation of some specific goals.It can be used for environmental protection, cultural and historical monuments, improve livelihoods, the security of the state, as well as other non-profit purposes.
word and the concept of «servitutus» originated in ancient Rome.Literally, it translates as - "slavery of things."Easement - a right in rem.It acts as there is the thing itself.The owner is obliged to its side and provides a limited right of use of the entitled party.
right subject to obligatory state registration in the Unified State Register by submitting an application.If the easement is established on the land, it must also be accompanied by a certified plan, which states the scope of the easement (only if it does not cover the whole territory).
Types easements:
- private.It is set in an agreement between a person who wishes to establish an easement and the owner of the site, located next door.Registration is done by drawing up the agreement.
- Public adjusted as a result of the publication of the law (other legal act) provide for the interests of the public, local government or the state, when the withdrawal of land plots is not necessary.
public easements may be established for different purposes.Unlike the private, it appears to meet the public interest, not a specific person, and is not directly related to the needs of the land, located next door.The Civil Code enshrined the following reasons.It can be set to:
- travel (passes) through the land.
- watering and water intake.
- installed on site geodetic and landmarks.
- herding or driving cattle or hay.
- To catch fish at the lake, located on the land.
- enable passage to the coastal strip.
- drainage operations.
- making repairs engineering, electrical networks, transport infrastructure.
- carry out research and survey work.
easement - a right that can not be the subject of donation, sale, barter, etc.He can not be transferred to non-property owners, to ensure the use of which it is installed.Easement is preserved during the transition of the rights to the encumbered land to another person.
In some cases, it may be terminated by the easement?This is possible if disappeared grounds on which it was installed.For example, it is possible to pass through another property.In addition, the court the owner of land may apply for its termination, if because of the encumbrance is not possible to use for other purposes, or to require redemption of indemnity.If substantial difficulties in the use of it is entitled to a proportional payment from the body that created the easement.
