The right to use other people's property is a rather ancient institution, which got its start in Rome, when civil law was just beginning to emerge. He assumed a large number of sub-institutes, which either developed or fell into decay. Types of easements, the most popular of all rights to use someone else's property, were few, but at the same time very significant for the whole society. This seriously influenced and became the foundation for the development of civil, land and other branches of the legislation of the present.
The concept of the right to use other people's things
The development of private property was the impetus for the development of many branches of law. As you know, civil law provides for three forms of sale of a property, including land and buildings: disposal, possession and use. Together, they form the right of ownership, but each of them individually also has a place in the system of civil law institutions, acting independently.
The right to other people's things from its name makes it clear that this is one of the manifestations of such a form as use. That is, a person is vested with powers aimed at someone else's property. There is some restriction in the possibilities regarding this or that property. For this reason, the key condition is the participation of only other people's things, that is, those that are owned by another person who does not use.
Types of law in question
The right to use other people's things, as well as the relation of property, is real and absolute. It has several varieties that existed from the very beginning of the formation of civil law and the establishment of civil law, which, accordingly, is reflected in the current legislation. So, there are three main types of use of other people's things.
The first, most important and widespread, is easement. The concept and types of this institution are very specific and have a number of features that distinguish it from others with specific goals. It gives the right to use other people's things that are owned by another person, on specific conditions that are negotiated in advance. A very significant moment for civil society.
Two subsequent species are considered to be emphyteusis and superficium. Not very developed and currently established institutions. They contribute to the inheritance of the very right that allows the use of someone else's property, that is, provide an opportunity to bequeath it. Very controversial institutions that are currently in a very unstable state. They were abolished from the Civil Code of the Russian Federation, and then again fell into the draft amendments to this law. Also secured are the security right, which allows collecting from the thing that was given under the guarantee.
The concept of easement
Each institution of civil and land law has its own significance and plays an important role in the regulation of public relations. The concept and types of easements, the methods of their establishment and termination - all this at any time had proper regulation by the state. The need for this is great, since such relationships are found most often. Plus, the very essence of modern society, and of what existed even in Ancient Rome, requires consideration of such important points. So what is it?
Servitude is a type of right to use someone else's property. It is important that this applies exclusively to land. The establishment of this kind of right implies some privileges in the operation of the site belonging to another owner. That is, the one who disposes of the land has no right to carry out any manipulations with it, if he nevertheless burdens the property with an easement, which, of course, is a significant moment in this matter.
Types of easements
The division of the right to use someone else's property, as discussed above, is very simple and specific. Four options that have now lost their essence in their own way. The easement as a type of this institution is also in turn subdivided into some varieties that have occurred both in past times and in the present period. So, two categories of easements are defined.
The first category is predial easements. They are also often called land. They are especially common and popular in civil society. The types of easements in land law are precisely limited to the preliminaries, which is quite logical and permissible. The RF Labor Code regulates this issue in detail and contains all the necessary standards for the application of this institution. However, despite the specifics, the act, one way or another, refers to the Civil Code.
The second category, used much less frequently, is personal easements, which imply belonging to a particular person. The meaning of such a division is that the subject is different in these categories. Hence their difference follows. In the first case, the right to other things belongs exclusively to the person who owns the land as the owner, in the second - to any person personally.
Roman law on easements
If we talk about the source of all sciences, then people immediately remember philosophy. In jurisprudence, special attention is given to Roman law as the first experience in creating a system of norms. It is the beginning of civil law, the foundation on the basis of which civil law and all other industries inextricably linked with it were formed. All this reflects the considerable importance of Roman norms and rules.
So, if you pay attention to easements, then they were very important elements of all law in ancient Rome. The only institute of this area that existed at that time was connected with land plots. That is, Rome knew only the predial easements, there was no other division. The right to other people's allotments in favor of another person allowed many at that time to provide for their lives.
If we compare the current situation and the past, then the types of easements in Roman law, of course, were significantly limited. The possibility was not provided for using other property (besides land) that would belong to another person, being in the property. Only allotments could be the object of such an attitude, but this did not prevent the development of the institute in question for other subjects of such a deal.
Land easement
The concept and types of easements in land law are no different from the interpretation in other sectors. In fact, everything is based on the conclusions of theorists. In fact, the peculiarity of these norms is only in that they affect the regulation of relations exclusively related to their specificity. Land plots are currently the subject of many transactions, as well as disputes that arise due to lack of awareness of their rights and inability to protect and secure them.
Also stipulated are the types of easements in land law. Photos of various plans and projects capture their examples. ZK RF establishes only public easements, which is also characteristic of other industries. This means that this right is provided by law and nothing else. In addition, the law provides for the possibility to apply the institution in question both for a fixed term and for a certain period of time, which is also a criterion for classification.
The legal basis of land easements is nothing but the RF LC. In fact, this act does not fully regulate the issue under consideration. His articles deal with every important issue in this area, but at the same time he refers to specific provisions in the Civil Code, which, in turn, enshrines everything necessary.
The concept and types of easements in civil law
As you know, civil law is the basis of all jurisprudence. Not only civil law, but also other private sectors depend on it. The current society requires the proper development of this industry, as it develops horizontally, excluding subordination and dependence. The institute under study is no exception. Types of easements in the civil law of the Russian Federation, their concept and other features are clearly regulated, as required by society.
If we talk about the Civil Code of the Russian Federation, then little attention is paid to this institution, despite all its significance. The law regulates such relations only by general provisions, not dwelling on something specific. However, the types of easements in civil law are still present and recorded, namely they are divided into public, which are established in accordance with the law and are also found in the RF LC, and private.
In addition, as mentioned above, there was a draft amendment, which provided for not only a more complete settlement of easements, but also the introduction, or rather, the restoration of other types of such law, emphyteusis and superficiality. At this stage, pay attention to a different act. Types of easements established by the Land Code of the Russian Federation are quite capable of regulating all relations related to this issue, while the Civil Code of the Russian Federation fixes general provisions on their acquisition and protection.
The emergence of the right to use other people's property
The use of property of others must always be supported by certain actions fixed in the law. Most often, this is a transaction, both unilateral and bilateral. Types of easements of the Russian Federation determine several options that give reason for its acquisition. This issue is regulated by the civil legislation of the Russian Federation, as well as other federal laws.
So, there are several cases that give the right to use other people's property. The first option is when the owner voluntarily sets up an easement on a personal land plot. Reasons for this do not play a role. The desire of the owner put on and there is a basis. Types of easements play a role in this matter only when the public is established, which is implied by law, but here there is a restriction only in terms and order.
The second option is a one-way deal. In this embodiment, the easement can arise only during inheritance. The testator may transfer the right of lifelong use to any of the successors, which will serve as the basis for its acquisition. And the third case, the most common of all. The conclusion of the contract. This is a bilateral agreement that takes into account all the conditions approved by each party.
Grounds for termination
ZK RF pays great attention to the institute under consideration. Types of easements in land law have the most widespread coverage, suggest several classifications. And it is this act that fixes all the necessary conditions and grounds for the termination of the right to use other people's property. These standards allow their extension to any use of easements.
The land legislation in this matter again refers to the Civil Code of the Russian Federation, which, in turn, provides a very brief and comprehensive justification for the termination of easement. So what is needed for this? The main and most significant reason is the desire of the owner of the land. The reverse situation is the one that allows you to install it at will. Also, cancellation is possible if the existing reasons for its establishment simply disappeared. For example, the loss of property, in the case of the easement - the site.
It is also possible to cancel easement in court. This is already considered a dispute between citizens, which is also a common occurrence in civil relations. When establishing the right to use other people's property, it is necessary to sell it only for its intended purpose, which is negotiated in the contract. If such a rule is not respected, then a person burdened with an easement has the right to go to court, which will terminate it. Types of easements do not matter.
Protection of the right to use other people's property
Not only the owner of the land has the right to apply to the court to protect their rights and interests. There are times when the ability to use your easement is violated. The concept and types of such a phenomenon have not been established, and this can be considered a banal violation of the rights to use other people's property. So what is the protection of interests if they do not belong to the owner, but to the other side of the contract?
A discussion of the dispute between the parties is possible. There were cases when reconciliation actions were carried out, and everything was dispensed with without high-profile proceedings. Not every citizen is ready for legal strife. However, the most common and correct way is to file a lawsuit. The solution of issues through the court guarantees a result that cannot be followed later, because the most serious liability can be foreseen for this.
In Rome, absolute lawsuits were used to protect the right to use other people's property. Actually, at present, this procedure has not changed much. The meaning of such a claim is that it helps to protect the rights of a person to use something that does not belong to him on the basis of ownership. Now, this is called an award lawsuit, which applies to all disputes, with the exception of those aimed at establishing a particular fact.
The value of easement
Any institution that is part of a particular legal system plays an important role in its functioning. All civil legal relations require special attention and regulation, since they are the most common of all and no less difficult and incomprehensible in some of their aspects. Most disputes arise precisely from a lack of awareness of their interests and rights.
So what is the interest of applying easements? There are a huge number of people who do not come to an agreement on land issues. Spores can even occur due to a small tree that affects parts of several individuals. The types of easements established by the Land Code of the Russian Federation give rise to a particularly large number of them. And precisely so that there are no conflicts about the use of a particular object or passage through someone else's yard, easements are established.
Granting the right to use someone else’s property is a great discovery for property relations in general. Property in any of its forms has always played a big role and occupied the first place, but nowadays, use without the right of disposal has gained no less popularity. And that is why the easement is subject to such regulation by the legislator and is of great importance for the entire system of law.