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

Servitude means limited useforeign real estate. It can be installed for passage or passage to the required site, for laying transmission lines, water supply, as well as 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 anothercitizen, in whose interests the encumbrance of the site is established, a certain remuneration, unless otherwise provided by law, so says 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 sites failed to agree and resolve the issue among themselves, then this dispute should be decided in court.

Private

Limited right to use someone else'sReal estate must 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. The easement does not prohibit citizens from owning, disposing of and using land even if this restriction is established on it.

At the same time, between the persons must be concludedagreement. Otherwise, disputes on this issue are resolved only in court, according to Article 274. The right of limited use of another's land plot (easement) must be registered with competent authorities, otherwise such a transaction will be null and void.

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

Required data in such an agreement will beserve the cadastral number of the plot 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 issue 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. The servitude is registered on the basis of this decision.

Public

The main function of this servitude is exactly thissame as private. Only public, limited right to use other people's real estate affects the interests of the state and society. Therefore, this servitude is established only on the basis of normative acts. At the same time, 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;

- carrying out drainage works;

- temporary use for various geodetic and survey activities;

- mowing, crossing of animals to another territory.

Application for registration of public easementis 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 payment may be demanded by the owner of the land where the easement is established. Civil Code of the Russian Federation st. 274 also states that a person is not deprived of the right to dispose, use and own land.

A comment

Servitude means limited usean alien thing that is necessary for another citizen 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,as well as the person to whom the land was transferred as an unlimited use, as stated in 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 establishmentare 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 travel 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 Federationthat for the establishment of a limited right to use someone else's things, it is necessary to conclude a definite 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 the property.

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 toto conclude an agreement on the limited use of part of his land, because only through him he can get to his dacha. The latter refused, saying 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 wasproposed to conclude an agreement on the establishment of an easement on its 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 stipulates that a disputable issue on the establishment of an easement shall be decided only in a court session. 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 on the site, you must apply to 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;

- a receipt for payment of the state duty for this procedure;

- Passports of both persons.

After all actions have been completed, this right to use someone else's things will be considered properly designed.

Termination

In the event that the established easement is no longeris necessary, 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 thatburdened with easement, became 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.

Public easement, established by the authoritiesfor public and state needs, should be terminated in the event that there is no longer any special need for it. This action is confirmed by the executed act.