Servitude is the right to use someone else's thing

Civil law contains such a notion as"easement". This is the right to use someone else's thing, provided to ensure the possibility of realizing some specific goals. It can be used to protect the environment, monuments of culture and history, improve people's livelihoods, state security, and other common purposes.

The word and the concept of "servitutus" arose in the AncientRome. Literally it is translated as "slavery of a thing". Servitude is a real right. It acts as long as the thing itself exists. Its owner is an obliged party and grants a limited right of use to the authorized party.

The right is subject to mandatory state registration in the EGRPby submitting an application. If an easement is established for a land plot, a certified plan must also be attached, in which the scope of the easement is noted (only if it does not extend to the entire territory).

Types of easements:

• Private.It is established as a result of an agreement between a person who wants to establish an easement, and the owner of a site located in the neighborhood. Registration takes place by drawing up an appropriate contract.
• The public is established as a result of publicationlaw (another normative act) to ensure the interests of the population, local government or the state, when there is no need to seize land.

Public easement can be set fordifferent purposes. Unlike the private, it arises to satisfy the public interest, rather than a specific person, and is not directly related to the needs of a land plot located in the neighborhood. The following grounds are fixed in the Civil Code. It can be installed for:

1. Directions (passage) through the land.
2. Watering and water intake.
3. Establishment of geodetic and landmark signs.
4. Pasture or run of cattle or haymaking.
5. To fish on a pond located on the land.
6. Ensure the possibility of passage to the coastal strip.
7. Drainage works.
8. Repair of engineering, electrical networks, transport infrastructure facilities.
9. Conducting research and survey work.

Servitude is a right that can not besubject of donation, purchase and sale, barter, etc. It can not be transferred to persons who are not owners of real estate, to ensure the use of which it is installed. Servitude is retained when transferring rights to the encumbered land plot to another person.

In what cases can an easement be terminated?This is possible if the grounds on which it was installed have disappeared. For example, there was the possibility of a passage to the property in a different way. In addition, in court, the owner of a land plot can apply for termination of its operation, if due to encumbrance there is no possibility of using it for its intended purpose, or demand a ransom with compensation for damages. At significant difficulties in use, he is entitled to receive a commensurate fee from the authority that established the easement.