An easement is a right to use someone else's thing

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2018-04-01 08:43:08

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In the Civil law contains such a notion as "easement". It is right to use someone else's thing provided to enable the implementation of certain goals. It can be used for the protection of the environment, monuments of history and culture, improve people's livelihoods, security, and other non-profit purposes.this Easement

The Word “servitutus” originated in Ancient Rome. Literally it is translated as “slavery thing”. Easement – property law. It works until there is the thing itself. The owner is the liable party and provides a limited right of use to the entitled party.

The Right subject to mandatory state registration in the unified state register by filing an application. If the easement is established on the land, it must also be accompanied by a certified plan, which States the scope of the easement (only if it does not cover the entire territory).

Types of easements:

  • Private. It is set in the result of an agreement between a person wishing to establish an easement, and the owner of the plot next door. Registration is by drawing up a relevant agreement.
  • Public set in the result of the publication of the law (other normative act) for ensuring interests of the population, local governments or the state when the seizure of land is not necessary.public easement

A Public easement may be established for different purposes. In contrast to private, it arises to meet the public interest, not a specific person, and not directly related to the needs of the land nearby. In the civil code establishes the following grounds. It can be set to:

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  1. The Passage (passage) through the land.
  2. Watering and water intake.
  3. Establish the geodetic and land boundary markers.
  4. Herding or cattle or haymaking.
  5. For the implementation of fishing on the pond located on the land.
  6. Enable access to the coastal strip.
  7. For drainage works.
  8. Repairs, engineering, electrical networks, objects of transport infrastructure.
  9. Conduct research and exploration operations.

the easement land

Easement-a right that cannot be subject of donation, sales, barter, etc. It can not be transferred to persons who are not property owners, to ensure that it is installed. The easement is maintained in the transfer of rights on the encumbered land plot to another person.

In some cases, may be terminated by the easement? This is possible if disappeared the grounds on which it was installed. For example, the opportunity of access to the property by other means. In addition, in court the owner of land may apply for its termination, if the encumbrance cannot use, or require the repurchase with damages. When significant difficulties in using it has the right to receive a commensurate payment from the authority that has established the easement.


Article in other languages:

AR: https://tostpost.com/ar/the-law/3328-an-easement-is-a-right-to-use-someone-else-s-thing.html

BE: https://tostpost.com/be/zakon/5889-serv-tutu---geta-prava-na-karystanne-chuzhoy-rechchu.html

DE: https://tostpost.com/de/das-gesetz/5890-dienstbarkeit-ist-ein-recht-auf-nutzung-einer-fremden-sache.html

ES: https://tostpost.com/es/la-ley/5895-una-servidumbre-es-el-derecho-al-disfrute-de-la-cosa-ajena.html

HI: https://tostpost.com/hi/the-law/3331-an-easement-is-a-right-to-use-someone-else-s-thing.html

JA: https://tostpost.com/ja/the-law/3329-an-easement-is-a-right-to-use-someone-else-s-thing.html

KK: https://tostpost.com/kk/za/5893-servitut---b-l-paydalanu-y-y-b-reud-zatty.html

PL: https://tostpost.com/pl/prawo/5893-s-u-ebno---prawo-do-korzystania-z-cudzej-rzeczy.html

PT: https://tostpost.com/pt/a-lei/5889-servid-o-o-direito-ao-gozo-de-coisa-estranha.html

TR: https://tostpost.com/tr/hukuk/5896-rtifak---hakk-kullan-m-yabanc-bir-ey.html

UK: https://tostpost.com/uk/zakon/5894-serv-tut---ce-pravo-koristuvannya-chuzhoyu-r-chchyu.html

ZH: https://tostpost.com/zh/the-law/3593-an-easement-is-a-right-to-use-someone-else-s-thing.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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