Sometimes it happens that the implementation of economic activity on the same land ownership is impossible without the operation of part or all of the neighboring allotment. This is the case when the passage, passage or conduction of communications, gas, light, water can be carried out only when using the land of a neighbor. There are many other needs. All these human needs can be satisfied if an easement is established on a land plot. What it is? What classification lends itself? How is it made out? When does it gain its strength? All of these issues will be addressed in the article.
Easement on the land. What it is?
In the process of planning transactions related to land resources, or in the formalization of ownership of a land plot, the owner often encounters the problem of encumbrance of land with easement.
Based on the laws of the Russian Federation, the easement confirms the right to use real estate, in particular land, on a permanent or urgent basis. Such a right may belong to both a limited and unlimited number of persons.
Kinds
Depending on the number of landowners, there may be a private and public easement on a land plot. What it is? A peculiar requirement in relation to the potential owner of the site or owners, as the name says. The first implies that a certain circle of people has the right to use land resources, while the second does not put forward any requirements as to who may be the landowner.
Reasons for establishing frequent easement
- The need for laying communication facilities, transmission lines, gas and water supply.
- The need for economic activities of the land reclamation type and other household works, the implementation of which is impossible without the involvement of a neighboring land plot.
Public easement: legal grounds
The imposition of a public easement is possible for the following purposes:
- organization of public passage or passage to another allotment;
- the implementation of repair and installation works, the creation of communication paths, gas pipelines that pass through the neighboring section;
- the organization of drainage of another land tenure, when it is not possible to carry out work without exploiting someone else’s land;
- water supply in case of passage on an encumbered section of the water channel;
- public works on mowing hay for agricultural purposes;
- meeting the needs of hunters, fishermen, if the site provides such an opportunity;
- collection of herbs that have healing properties.
When can I establish an easement?
Cases in which it is possible to draw up an easement burdening the land are defined at the legislative level. These include:
- providing passage or passage through a piece of land located in the neighborhood;
- laying and subsequent use of power lines, pipelines or communications;
- provision of central water supply, land reclamation;
- satisfaction of other needs of the owner of an immovable property, if they cannot be provided without establishing an easement on the land.
The latter situation involves the operation of any part of someone else's land for the purpose of servicing or using their real estate.
We give a simple example. You want to repair the wall of your house, which is located close to the neighboring land, but repair and installation work is impossible without access to the neighbor’s land allotment.
How to establish encumbrances on the earth?
Based on the main provisions of the law, the establishment of easement on a land plot is possible only after the full agreement of the parties involved, one of which is a person requiring the establishment of such an encumbrance, the second is the owner of the allotment directly. Such an agreement is fixed by an agreement in a special form, and it is called an easement. When the document is completed, it must be registered.
The procedure is carried out in accordance with the rules for registration of rights to immovable objects.
It so happens that the parties that decided to conclude an easement on the ground, can not agree and discuss about its conditions. As a result, a third party intervenes in the dispute - the court, which resolves the conflict. Moreover, the plaintiff should be the one who requires the establishment of an encumbrance.
Making easement on a land plot may be caused by the presence of relevant interest or conditions of a demanding nature. They are peculiar to the person who received the land on the basis of inheritable property rights for life. The latter will also include unlimited use rights. At the same time, one of the first requirements will be the introduction of a proportionate payment for the use of land resources.
In other cases, you can also issue an easement on a land plot. What is this "situational set" is simply obvious. All situations in which it will be allowed to establish an encumbrance on the land are spelled out in the regulatory acts of the Russian Federation.
Method of design and conditions
The land servetut is made out by concluding a contract.
The land easement contract is executed if:
1. Two land plots are owned by different owners.
2. The boundary line of the plots is common.
3. One of the land tenure is more profitable than the second, and, as a result, can satisfy the needs of a neighbor. Such needs include a drainage system, exit roads and sidewalks for passage.
Regulates the relations that arise in the preparation of easements, the Civil Code of Russia.
The agreement is a bilateral agreement between the owner of the land and the user, who, after the entry into force of the document, receives the right to limited use of land for the implementation of certain goals.
Contract form
An agreement on the encumbrance of a land plot is concluded only in writing, in fact, in the same way as any contract or contract. To fill the easement correctly, it is recommended to contact the legal office and take a sample of easement on the land.
The subject of the easement agreement is the right to move around a neighboring land plot. The document must contain information about both plots, indicate their address and cadastral number. On the plan of the site, which has a more advantageous location, the alleged ways of promotion are marked. It acts as an annex to the agreement, based on the registration law. In addition, the legislative level provides for the provision of land for temporary use at a easement for a certain fee, which is inherent in the material form, but the free use of land resources is also quite possible provided that a compromise is reached between the parties.
When concluding an agreement, the term of the servitude should also be stipulated. It can also give the right to lifelong use, but if the deadlines are set, they must be clearly stated.
Preparation of contract
There are basic criteria that must be followed when concluding an easement. These include:
- in the content of the contract, the type of imposed encumbrance on the allotment with identification on the plan of the boundaries encumbered by the land easement should be determined;
- the agreement must clearly state the conditions for the exploitation of land resources so that they are used strictly for the agreed purposes;
- an acceptable fee should be established for the use of land;
- clearly defined deadlines for making material rewards for land rent;
- in the easement the rights and obligations of each of the parties should be spelled out, their measure of responsibility in case of violations of the easement;
- the location of the allotment is indicated on the plan of the area;
- the contract must contain a detailed description of the land that is being encumbered;
- registering a cadastral registration number to conclude an agreement is mandatory;
- the validity period of the permit for the use of foreign land is determined;
- the contract should contain information about the land owner and about the second party - the potential user.
It is very important to draw up the easement agreement of the land. A sample of such a document is presented below. Here is its approximate content:
- Preamble . Identification of the parties.
- Subject of the agreement. It indicates the main reason why servetutes are compiled, and in whose interests it is established; the address of the land plot is registered; the validity period of the easement or the event, upon the occurrence of which the strength of the document will be exhausted; The amount of payment to the owner is fixed.
- Restricted Use Rules. The lines of borders and a different order of use are indicated.
- Rights and obligations of the parties. The necessary actions to be performed by the parties to the contract are registered. Moreover, they are absolutely not similar to each other. One of the fundamental responsibilities of a potential user is the introduction of material incentives. A servitude fee is established, the size of which is directly affected by the easement assessment of a land plot. It is determined by the competent authorities and is commensurate with the damage caused to the owner of the land when making encumbrances on his land.
- Additional terms. The necessity of subsequent registration with state bodies is stipulated; validity of the contract if the owner of the land plot encumbered by the easement changes. It is registered when the contract comes into force after its signing by both parties. It is also indicated in how many copies it will be drawn up, and for what instances it is intended.
- Addresses and details of the parties to the contract.
On the territory of the Russian Federation, an agreement on easement of land is in force, a sample of which you can see below.
Validity period
The period during which the easement to the earth will be valid is determined, first of all, based on the target orientation of the document. As mentioned above, distinguish between urgent and perpetual easements. The first type involves the establishment of an encumbrance for a certain period during which certain actions of an urgent nature will be carried out. For example, laying communication lines, carrying out repair and construction work of buildings and structures located very close to the boundary line of other people's land holdings.
An indefinite easement in relation to a land plot does not have a clearly defined period of validity. That is, once a signed document in this case will operate continuously (actively used in the public operation of the land allotment in the case of laying a highway, installation of electrical structures and so on).
When does a easement contract expire?
Articles of the Civil Code of the Russian Federation contain a list of grounds for the abolition of imposed encumbrances. In most cases, the owner of the land is the initiator of the termination. A previously established easement agreement automatically loses its validity if there are no more grounds for its occurrence.
We give a simple example. The allotment is operated on conditions that are not fixed in the contract, and not for its intended purpose. In this situation, only at the initiative of the judiciary can the established restrictions be invalidated if the owner of the site provides conclusive evidence regarding the unauthorized use of land for other than the specified purpose. Or another such case, when the land easement agreement was concluded with the aim of creating a new transport interchange for water supply, but in connection with the construction of the well, such a need disappeared by itself.
The agreement on the easement of the land may lose its force in the event of the liquidation of the allotment itself. This can happen, for example, as a result of flooding or natural disaster. Also, the encumbrance relationship is terminated if the land was combined with another site, for which limited use was needed.
If we are talking about public easement, then its termination can occur only by appropriate order of local authorities, when there is no need to operate the allotment for encumbrance. At the same time, if the interests of local residents are affected, a meeting must be organized in order to identify public opinion about the removal of burdens.
Termination of an unlimited term easement also occurs in case of the expiration of the lease term of the land plot, and a new agreement will not be concluded due to the fact that there was an inappropriate use of land resources.
The decision to terminate the easement can be taken by the owner of the site, if he abandons the land, and the court, if he makes the appropriate decision.
A private easement may terminate by mutual agreement of the parties to the parties, if the period has not been specified in the agreement.
Servitude for a portion of land tenure
A servitude for a part of a land plot is drawn up if it is not necessary to use the entire plot to satisfy the needs of a neighbor or the public. Such a partial easement is possible both in private and in public form. At the same time, the execution of the contract takes place according to the same rules and in the same order.
registration
The easement to the land is not subject to state registration. What it is a necessary condition, no one says, however, its notarization is still better to produce. The state itself registers the right that arose after the signing of the land agreement (for the use of land for certain purposes).
Documents for registration
Among the required papers are the following:
- a statement in the appropriate form;
- a paper confirming the payment of the state fee (usually a receipt);
- identity document of the applicant (usually a passport);
- a signed land easement that has undergone notarization;
- documents for a piece of land that is owned by one, and the other wants to use it (usually a cadastral plan).
The right of easement to a land plot and to partial use of another person’s real estate object arises only after registration in the Unified State Legal Register.
What if the neighbor is against?
Imagine the situation: in order to call a car into the courtyard, you need to use the yard territory, a land plot that, according to the documents, belongs to a neighbor, but he categorically does not contact you and does not want to hear about any easement. In this case, you need to contact the judicial authorities of the area where the house is located, write a statement of claim, indicating all the factual circumstances.
The court will approve your request and oblige the defendant to enter into an easement if you prove that there is no other way to enter the courtyard by personal transport.