Servitude means limited use.someone else's real estate. It can be installed for the passage or passage to the desired site, for laying transmission lines, water supply, as well as other needs of the owner of the land. In addition, servitude must be registered in the manner prescribed by law. A citizen who owns a burdened land plot can ask for a fee.
Definition
The owner of the land has the right to demand from anothera citizen, in whose interests the encumbrance of the plot is established, a certain remuneration, unless otherwise provided by law, so says Art. 274 of the Civil Code. The servitude is carried out only on the basis of the agreement of the parties and requires state registration. In the event that the two owners of the neighboring plots could not agree and resolve the issue between themselves, then the dispute should be resolved in court.
Private
Limited right to use someone else'sreal estate should be established only for specific purposes. For example, for the passage or passage to the house or plot, as well as for the construction of facilities, as stated in Art. 274 of the Civil Code. The servitude does not prohibit citizens from owning, disposing of, and using land, even when this restriction is set on it.
At the same time between persons must be concludedagreement. Otherwise, disputes on this issue are resolved only in court, as stated in Article 274. The right to restricted use of another's land plot (servitude) must be registered with the competent authorities, otherwise such a transaction will be invalid.
The agreement is made by citizens only inwriting. It can provide for items that provide for the servitude payment by its user. After that, this right is registered in the same manner as real estate.
Mandatory data in such an agreement will beserve as the cadastral number of the plot and its address. If the servitude is established only on a certain territory of the earth, it means that it is necessary to mark its borders in general terms. This issue involved cadastral engineers. If the owner of the land refuses to provide a plot for encumbrance, the dispute is resolved in court, which is specified in Art. 274 of the Civil Code. Servitude is registered on the basis of this decision.
Public
The main function of this servitude is exactlysame as private. Only the public, limited right to use someone else's real estate affects the interests of the state and society. Therefore, this servitude is established only on the basis of regulations. At the same time, all the same requirements of art. 274 of the Civil Code. A servitude that is public can also be paid for when it is used, if the landowner requires it and is not prohibited by law.
It is installed for the following purposes:
- crossing over a plot of land, if in another way citizens cannot 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;
- haying, crossing the animals to another territory.
Application for registration of public servitudeserved by the authority that installed it. Up to this point it will be invalid. In addition, the established restriction can be compensated, but only if it significantly complicates the use of the site. Fees may require the owner of the land where the servitude is installed. GK RF Art. 274 also states that a person is not deprived of the right to dispose, use and own land.
A comment
Сервитут означает ограниченное использование someone else's thing that is needed by another citizen to achieve certain goals. Article 274 of the Civil Code of the Russian Federation with comments states that the objects in this case can only be land plots and buildings. In this case, the thing that is burdened with servitude is called an employee.
The subject here can be not only the owner,as well as a person to whom the land was transferred for permanent use, as stated in Art. 274 of the Civil Code with comments. The Civil Code of the Russian Federation indicates that a public servitude is established by the authorities in the event that this is necessary to ensure public 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 states that a servitude 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 points tothat in order to establish the 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 peacefully, but mainly because many citizens want to do this free of charge and not pay anything to the owner of the land plot. While servitude is a serious burden and causes a lot of inconvenience to the property owner.
Judicial practice under article 274 of the Civil Code of the Russian Federation is quite common and has many examples, here is one of them.
The citizen turned to his neighbor asking forto conclude an agreement on the limited use of part of his land, because only through him will he be able to get to his dacha. The latter refused, arguing that he did not want to endure the inconvenience. The citizen had to go to court.
It follows from the case file that the person wasit was proposed to conclude an agreement on the establishment of a servitude on his site on a voluntary basis, because in another way his neighbor cannot go and go to his country house. But he refused, arguing that this restriction would cause great inconvenience to him. At the same time, the Civil Code states that the controversial issue of establishing a servitude is resolved only in a court hearing. The parties in the process came to an amicable agreement and agreed that the encumbrance of the land will be paid. Thus, they resolved their conflict with mutual benefit.
check in
In order to properly establish the establishment of the site, it is necessary to contact the competent authorities with a full package of documents. For this you will need:
- two statements - from the owner of the land and the person applying for the servitude, while the latter must have with him an agreement or a court decision;
- the 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 actions are completed, this right to use someone else's things will be considered properly executed.
Termination
In the event that the established servitude is no longeris necessary, it can be canceled by court order. Also, its action may be terminated for the reasons specified in the agreement. Moreover, this fact must also be recorded in the registration chamber.
Cancel
In the event that a piece of land that isburdened with servitude, became unsuitable for use for its intended purpose, the owner is entitled to demand that the authorities bought it. In addition, he may apply to the court for cancellation. In addition, the owner may require the replacement of an unsuitable land with another.
Публичный сервитут, установленный органами власти for public and state needs, should be discontinued if this is no longer a special need. This action is confirmed by the act.
