Servitude on the land - what is it? Land servitude agreement

Sometimes it happens that the implementation of economic activities on one landholding is impossible without the exploitation of part or all of the neighboring allotment. This is the case when the passage, passage or carrying out communications, gas, light, water can only be carried out by using the neighbor's land. There are many other needs. All these human needs are amenable to satisfaction, if you establish an easement on the land. What it is? What classification lends itself to? How is it drawn up? When does it gain its strength? All these questions will be raised in the article.

Servitude on the land. What it is?

In the process of planning transactions related to land resources, or when formalizing the ownership of a land plot, the owner often encounters the problem of burdening the land with an easement.

Based on the statute of the Russian Federation, 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 the land plot. What it is? A kind of demand in relation to the potential owner of the site or to the owners, as the name itself says. The first implies the right to use land resources from a certain range of people, while the second does not put forward any requirements as to who can be a landowner.

The grounds for establishing a frequent servitude

• Necessity of laying communication facilities, power lines, gas and water supply.

• Necessity of carrying out economic activities of melioration type and other hozrabot, the implementation of which is impossible without the use of neighboring land.

Public easement: legal grounds

The imposition of a public easement is possible for the following purposes:

• Organization of a public passage or passage to another allotment;
• The implementation of repair and installation works, the creation of communication routes, an electric and gas pipeline that pass through a neighboring section;
• Organization of drainage of other land ownership, when carrying out work without the exploitation of an alien land is not possible;
• Water supply in case of passage on an encumbered part of a water channel;
• Carrying out public works on mowing hay in agricultural needs;
• Satisfaction of the needs of hunters, fishermen, if the site provides such an opportunity;
• Collection of herbs that have medicinal properties.

When can I set an easement?

Cases in which it is possible to compose an easement burdening the land are determined 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 connections;
• Provision of central water supply, land reclamation;
• Satisfaction of other needs of the owner of the immovable property, if they can not be provided without establishing an easement on the land.

The latter situation implies the exploitation of any part of someone else's land for the purpose of servicing or using their real estate.

Let's give a simple example. You want to repair the wall of your house, which is located close to the neighboring land, but carrying out repair and installation work is impossible without access to the land plot of a neighbor.

How to establish encumbrances on the ground?

Proceeding from the main positions of the law, the establishment of an easement on a land plot is possible only after full agreement of the parties-participants, one of which is a person demanding the establishment of such encumbrance, the second is directly the owner of the allotment. Such an agreement is fixed by the agreement in a special form, and it is called an easement. When the document is drawn up, it must be registered.

The procedure is carried out in accordance with the rules for registration of rights to immovable property.

It happens that the parties that have decided to conclude an easement on the ground can not agree and debate on its terms. As a result, a third person intervenes in the dispute - a court that resolves the conflict. At the same time, the plaintiff must be the one who demands the encumbrance.

Registration of an easement on a land plot may be caused by the presence of appropriate interest or conditions of a demanding nature. They are peculiar to a person who has received a land plot on the rights of inherited property of life giving. The latter will include the rights of perpetual use. At the same time, one of the first requirements will be making a commensurate payment for the use of land resources.

You can arrange and in other cases easement on the land. What is this "situational set" is simply obvious. All situations in which it will be allowed to establish encumbrances on land are prescribed in the normative acts of the Russian Federation.

Method of design and conditions

Land servetute is formalized through the conclusion of a contract.

The servitude agreement of the land plot is formalized if:

1. Two land allotments are owned by different owners.

2. The boundary line of the sections is general.

3. One of the landed estates is more profitable than the second, and as a result, can satisfy the needs of the neighbor. Such needs include a drainage system, exit roads and sidewalks for passage.

Regulates the relations that arise in the drafting of an easement, the Civil Code of Russia.

The agreement is a bilateral agreement between the owner of the land plot and the user who, after the entry into force of the document, obtains the right of limited use of land for the realization of certain purposes.

Form of contract

The agreement on the encumbrance of the land plot is made only in writing, strictly speaking, in the same way as any contract or contract. To fill the servitude correctly, it is recommended to contact the legal office and take a sample of easement on the land plot.

The subject of the easement contract is the right of movement over a neighboring land plot. The document should contain information about both lots, their address and cadastral number. On the plan of the site, which has a more favorable location, the proposed ways of progress are noted. He acts as an annex to the agreement, based on the law on registration. In addition, at the legislative level, provision of land for temporary use for easement is provided for a certain remuneration, which has a material form, but gratuitous use of land resources is also quite possible, provided a compromise is reached between the parties.

When concluding an agreement, the term servitude should also be specified. He can give the right to life for a lifetime, but if the deadlines are set, they need to 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 encumbrance imposed on the allotment with identification on the plan of the borders encumbered by the land easement should be determined;
• The agreement should clearly specify the conditions for the exploitation of land resources, so that they are used strictly for the specified purposes;
• For the use of land, an acceptable fee must be established;

• Clearly defined the terms for making material compensation for the lease of land;
• In the easement, the rights and duties of each party, their measure of responsibility in case of violations of servitude, should be prescribed;
• The location of the allotment is indicated on the terrain plan;
• In the contract there should be a detailed description of the land plot, which is subject to encumbrance;

• The registration of a cadastre number for the conclusion of an agreement is mandatory;
• The validity of the permit for the use of foreign land is determined;
• The contract should contain information on the owner of the land and on the second party - the potential user.

It is very important to correctly draw up a land easement agreement. A sample of such a document is presented below. Here is its approximate content:

1. Preamble . Identification of the parties.
2. Subject of the agreement. Here is the main reason why a servet is compiled, and in whose interests it is established; The address of the land plot is registered; The validity period of the easement or an event, at the approach of which the force of the document will be exhausted, is established; The amount of payment to the owner is fixed.
3. Restricted Use Policy. Border lines and other order of use are indicated.
4. Rights and obligations of the parties. Prescribed the necessary actions that the parties to the contract must fulfill. At the same time they are absolutely not similar to each other. One of the fundamental duties of a potential user is the introduction of material incentives. A fee is established for easement, the size of which is directly influenced by the assessment of the easement of the land plot. It is determined by the competent authorities and is commensurate with the damage caused to the owner of the land when encumbrances are imposed on his land.
5. Additional conditions. The need for subsequent registration in state bodies is stipulated; The operation of the contract, if the owner of the land plot encumbered with easement changes. It is prescribed when the contract comes into force after it is signed by both parties. It also indicates how many copies it will be compiled and for which instances it is intended.
6. Addresses and requisites of the parties to the contract.

On the territory of the Russian Federation there is a land easement agreement, a sample of which you can see below.

Validity periods

The period during which the servitude for the land will be in force is determined, first of all, proceeding from the target orientation of the document. As it was said above, they distinguish urgent and perpetual servitudes. The first kind implies the establishment of encumbrances for a certain period during which certain urgent actions will be carried out. For example, laying communication routes, carrying out repair and construction works of buildings and structures located very close to the boundary line of foreign land tenure.

Unlimited servitude in respect of the land plot does not have a clearly defined validity period. That is, once signed a document in this case will act permanently (actively used for public exploitation of the land plot in case of laying the highway, installation of electrical facilities, etc.).

When does the easement contract expire?

Articles of the Civil Code of the Russian Federation contain a list of grounds for the cancellation of imposed encumbrances. The owner of the land acts as the initiator of the termination of the action in most cases. The previously established servitude contract automatically loses its validity if there are no grounds for its occurrence.

Let's give a simple example. The allotment is operated on conditions that are not fixed in the contract, and not for the intended purpose. In this situation, only on the initiative of the judiciary, the established restrictions may become invalid, if the site owner conclusively proves that the land is not used for the specified purpose. Or still such case when the agreement of the land easement was concluded with the purpose of creation of a new transport interchange of water supply, but in connection with the construction of the well such necessity has disappeared by itself.

The agreement on servitude of the land plot may lose its force and in case of liquidation of the allotment itself. This can happen, for example, as a result of flooding or a natural disaster. Also, encumbrance relations cease if the land was merged with another site for which limited use was needed.

If it is a question of a public servitude, its termination can come only by the appropriate order of the local authorities, when the need to operate the allotment under the burden has disappeared. At the same time, if the interests of local residents are affected, a meeting must be organized without fail in order to identify public opinion regarding the removal of encumbrances.

Termination of the servitude of the indefinite comes in the event of the end of the lease period of the land plot, and the new agreement will not be concluded due to the fact that there was a misuse of land resources.

The decision on termination of easement can be taken by the owner of the site, if he refuses land, and the court, if he makes the appropriate decision.

A private easement may cease to be valid by mutual agreement of the parties-participants, if the term has not been determined in the agreement.

Servitude for part of land ownership

An easement for a part of a land plot is formalized if there is no need to use the whole plot to meet the needs of a neighbor or the public. Such a partial servitude is possible both in private and in public. At the same time, the execution of the contract follows the same rules and in the same order.

check in

The servitude for land is not subject to state registration. What it is Necessary condition, no one speaks, however, it is better to notarize it. The state itself registers the very law 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);
• A document certifying the identity of the applicant (usually a passport);
• Signed land easement, which was notarized;
• Documents for a piece of land that is owned by one, and wants to use it another (usually a cadastral plan).

The right of servitude to a land plot and to the partial use of another's real estate object arises only after registration in the Unified State Legal Register.

What if the neighbor is against?

Imagine a situation: to drive a car into the courtyard, you need to use the yard territory, the land plot, which according to the documents belongs to the neighbor, and he categorically does not go with you to contact and about any servitude and does not want to hear. In this case, you need to apply to the judicial authorities of the area where the house is located, write a statement of claim, indicating all the actual circumstances.

The court will approve your demand and obliges the defendant to conclude an easement if you prove that there is no other way to get into the courtyard by personal transport.