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

Sometimes it happens that exerciseeconomic activity 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? 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 planning of transactions related toland resources, or when formalizing the ownership of a land plot, the owner often encounters the problem of burdening the land with servitude.

Based on the statutory provisions of the Russian Federation,easement confirms the right to use real estate, in particular land, on a permanent or urgent basis. Such a right can belong to both a limited and unlimited number of persons.

Kinds

Depending on the number of landownerscan be private and public easement on the land. 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 in a certain circle of people, 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 land reclamation 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 works 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;
meeting 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 involves the exploitation of any part of someone else's land for the purpose of servicing or using their property.

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 ofeasement on the land plot is possible only after full agreement of the parties-participants, one of which is the person who demands 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 decidedconclude 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. In this case, the plaintiff must be the one who demands the establishment of encumbrance.

Registration of an easement on a land plot canbe 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 register and in other cases, easement onplot of 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 easement 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, roads for departure and sidewalks for passage.

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

The contract is a two-wayan 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 implementation of certain purposes.

Form of contract

Agreement on the encumbrance of the land plotis only in writing, in fact, just like 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 agreement is the right of movementon the neighboring plot of land. The document should contain information about both lots, their address and cadastral number. On the plan of the site, which has a more advantageous location, the prospective paths of advancement 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 servitude is envisaged for a certain remuneration, which has a material form, but gratuitous use of land resources is also possible, provided a compromise is reached between the parties.

When concluding an agreement, you should also specify the term of the servitude action. He can give the right to lifelong use, 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 should be established;

clearly defined the timeframe for making material compensation for the lease of land;
in the easement, the rights and obligations 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 recording of the cadastral registration number for the conclusion of an agreement is mandatory;
determines the period of validity of the permit to use foreign land;
The contract should contain information about the owner of the land and about the second side - the potential user.

It is very important to draw up a servitude agreement for the land plot A sample of such a document is presented below. Here is its approximate content:

Preamble. Identification of the parties.
Subject of the agreement. The main reason whya servetut is drawn up, and in whose interests it is established; the address of the land plot is prescribed; establishes the period of validity of the servitude or event upon the occurrence of which the strength of the document will be exhausted; fixed amount of payment to the owner.
Restricted use rules. Boundary lines and other uses are indicated.
Rights and obligations of the parties. The necessary actions are prescribed, whichmust fulfill the parties to the contract. However, they are absolutely not similar to each other. One of the fundamental responsibilities of the potential user is making a material incentive. The fee for the servitude is established, the size of which is directly influenced by the assessment of the servitude 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 placed on his land.
Additional conditions. Needs to followregistration with government agencies; validity of the contract if the owner of a land plot burdened with a servitude changes. It is prescribed when the contract comes into force after it is signed by both parties. It also indicates in how many copies it will be compiled, and for which authorities it is intended.
Addresses and details of the parties to the contract.

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

Validity periods

The period during which the servitude to the landwill be in force, determined primarily based on the focus of the document. As mentioned above, there are urgent and unlimited servitudes. The first type implies the establishment of a charge for a certain period during which certain actions of an urgent nature will be carried out. For example, laying communication routes, carrying out repair and construction work on buildings and structures located very close to the boundary line of foreign land ownership.

Perpetual easement in relation to landplot has no clearly defined expiration date. That is, once signed the document in this case will act continuously (actively used in the public operation of the land plot in case of laying the highway, installation of electrical structures, etc.).

When does the servitude contract expire?

Articles of the Civil Code of the Russian Federationcontain a list of grounds for the cancellation of the encumbrances The initiator of the termination in most cases is the owner of the land. Previously established servitude agreement automatically loses its force if there are no more reasons 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 at the initiative of the judicial authorities, the established restrictions may lose their force if the owner of the parcel brings incontestable evidence regarding the unauthorized use of land for a purpose other than specified. Or another such case, when the agreement of the land servitude was concluded with the aim of creating a new transport interchange of water supply, but in connection with the construction of a well, such a need has disappeared by itself.

The servitude agreement of a land plot mayto lose its power in the case of liquidation directly put on. This can happen, for example, as a result of flooding or a natural disaster. Also, the relationship of the burden is terminated if the land was merged with another plot, for which limited use was needed.

If it is a public servitude, then histermination can occur only under the appropriate order of local authorities, when the need for exploitation has been put on the burden. At the same time, if the interests of local residents are affected, a meeting must be organized in order to identify public opinion on the removal of encumbrances.

Termination of servitude unlimitedcomes in the case of the expiration of the lease term of the land, and the new agreement will not be concluded due to the fact that there was an inappropriate use of land resources.

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

A private servitude may terminate by the mutual consent of the parties involved, unless the term has been specified in the agreement.

Servitude on part of land tenure

The servitude on the part of the land plot is madein the event that to meet the needs of a neighbor or the public there is no need to use the site as a whole. Such a partial servitude is possible both in private and in public. In this case, the contract is processed according to the same rules and in the same manner.

check in

The servitude on the land plot is not subject to state registration. What it is necessary condition no one says however hisnotarization is still best done. The state registers the right itself, which 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:

application in the appropriate form;
paper confirming payment of state duty (usually a receipt);
an identity document of the applicant (usually a passport);
a signed land easement, which was notarized;
documents for a plot of land that is owned by one, and another wants to use it (as a rule, a cadastral plan).

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

What to do if a neighbor is against?

Introduce the situation to you: in order to drive the car into the courtyard, you need to use the yard territory, the land plot, which according to the documents belongs to a neighbor, but he categorically does not make contact with you and does not want to hear about any servitude. In this case, you need to contact 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 request and obliges the defendant to enter into an easement if you prove that there is no other way to enter the yard by personal transport.