Art. 274 of the Civil Code of the Russian Federation. Servitude - the right of limited use of another's land

Servitude 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, and also other needs of the owner of the land. In addition, easement must be registered in accordance with the procedure established by law. A citizen who owns a burdened plot can ask for a certain price for this.

Definition

The owner of the land has the right to demand from the other citizen, in whose interests the encumbrance of the site is established, a certain remuneration, if the other is not provided for by law, art. 274 of the Civil Code of the Russian Federation. Servitude is carried out only on the basis of an agreement between the parties and requires state registration. In the event that two owners of neighboring plots failed to agree and resolve the issue among themselves, then this dispute should be decided in court.

Private

The limited right to use another's real estate should be established only for certain purposes. For example, for passage or travel to a house or a site, as well as for the construction of objects, so says Art. 274 of the Civil Code of the Russian Federation. Servitude 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 persons. Otherwise, disputes on this issue are resolved only in court, according to Article 274. The right of limited use of a foreign land plot (easement) must be registered with the competent authorities, otherwise such a transaction will be void.

The agreement is made by citizens only in writing. It can provide for points that provide for the payment of easement by its user. After that, this right is registered in the same manner as real estate.

Obligatory data in such an agreement will be the cadastral number of the site and its address. If the easement is established only on a certain territory of the earth, then it is necessary to note its boundaries on a general plan. This question is dealt with by cadastral engineers. In the event that the owner of the land refuses to provide a site for encumbrance, the dispute is resolved in the court, as specified in art. 274 of the Civil Code of the Russian Federation. Servitude is registered on the basis of this decision.

Public

The main function of this servitude is exactly the same as private. Only a public, limited right to use other people's real estate affects the interests of the state and society. Therefore, this easement is established only on the basis of normative acts. At the same time, all the same requirements of Art. 274 of the Civil Code of the Russian Federation. The servitude, which is public, can also be paid for when it is used, if the owner of the land requires it and this is not prohibited by law.

It is installed for the following purposes:

- crossing a piece of land, if in another way citizens can not reach a certain territory or building;

- for repair of engineering and communication networks, infrastructure facilities;

- conducting drainage works;

- temporary use for various geodetic and survey activities;

- mowing, crossing of animals to another territory.

The application for registration of the public easement is submitted by the authority that established it. Until then, it will be void. In addition, the established restriction may be compensated, but only if it significantly hinders the use of the site. The owner of the land, where the easement is installed, can claim the payment. Civil Code of the Art. 274 also states that a person is not deprived of the right to dispose, use and own land.

A comment

Servitude means the limited use of someone else's things that another citizen needs to achieve certain goals. Article 274 of the Civil Code of the Russian Federation with comments states that objects in this case can only be plots of land and buildings and structures. In this case, 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 as an indefinite use, so says Art. 274 Civil Code of the Russian Federation with commentaries. The Civil Code of the Russian Federation indicates that the 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 the commentary state that an easement is necessary for passage or passage, as well as communication, water supply, but only if this is not possible without this right.

Arbitrage practice

Article 274 of the Civil Code of the Russian Federation indicates that for the establishment of a limited right to use someone else's things, it is necessary to conclude a certain agreement with its owner. As a rule, it is not always possible to reach an agreement by peaceful means, but mainly because many citizens want to do this on a gratuitous basis and do not pay anything to the owner of the land plot. While easement is a serious burden and causes a lot of inconvenience to the owner of real estate.

Judicial practice under Article 274 of the Civil Code is quite common and has many examples, here is one of them.

The citizen asked his neighbor to conclude an agreement on the limited use of part of his land, because only through him he could get to his dacha. The latter refused, arguing that he did not want to endure the inconvenience. The citizen had to go to court.

From the materials of the case it follows that the person was offered to conclude an agreement on the establishment of an easement on his site in a voluntary manner, because in another way his neighbor can not pass and drive to his dacha. But he refused, arguing that this restriction would cause him great inconvenience. At the same time, the Civil Code states that the disputable issue of establishing an easement is resolved only in court. The parties in the process came to an amicable agreement and agreed that encumbrance of the land plot would be paid. Thus, they resolved their conflict with mutual benefit.

check in

In order to properly implement the establishment of encumbrances in the area, you must contact the competent authorities with a full package of documents. To do this, you will need:

- two applications - from the owner of the land and the person claiming an easement, while the latter must have an agreement or a court decision with him;

- cadastral plan, where the part of the territory to be encumbered 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 things will be considered properly designed.

Termination

In the event that the established easement is no longer necessary, then it can be revoked by a court decision. Also, its effect can be terminated on the grounds indicated in the agreement. In this case, 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 unusable for its intended purpose, then the owner has the right to demand that the authorities redeem it. In addition, he can apply to the court asking for his cancellation. In addition, the owner can demand the replacement of an unusable land plot with another.

The public easement, established by the authorities for public and state needs, should be terminated if there is no longer any special need for it. This action is confirmed by the executed act.