Servitet on the land - what is it? Types and procedure for establishing servitude on the land
Land rights of land plot owners are quite often violated by other persons for personal interests. The consequence of this are numerous disagreements, which are dealt with in the future by the court. In order to reduce the number of such cases, at the state level norms of relations between the owners of the plots and the persons encroaching on personal possessions were developed. Their interaction is governed by legislative acts explaining the rights of the parties. In regulatory acts, these relationships are called servitude. We find out what is interesting servitude on the land, what it is and how to use it.
What does servitude mean?
Very few people know the meaning of the concept “servitude”, and the word itself is not widely known.This is due to the rather rare use of such a right in life in compliance with the laws.
The servitude represents the limiting right to use someone else's real estate for its own purposes. In the case of land, it extends to a neighboring plot. For example, the owner of the allotment can use the land of a neighbor for the smooth passage to his own home.
It is clear to a minority that this right must be registered, and sometimes it must be paid for. Most often there is an oral agreement between the owners of the plots, which violates existing laws. Knowing how to arrange servitude on the land, what it is, you can defend your right in any controversial issues.
What is characteristic of servitude?
If a servitude is registered on the land, this does not mean that the owner of the allotment loses his rights. He disposes of them in his own interests, not violating the law. The owner may cancel the servitude if he considers that the latter violates his rights. This happens voluntarily or through the courts.
Servitude applies to:
- private land;
- state or municipal sites.
The law does not prohibit the registration of a restricting right to a plot in the interests of the parties to whom the land is granted for:
- lifelong use;
- indefinite possession.
As soon as the servitude registration for a land plot has ended, the owner who has obtained rights to it can legally dispose of the allotment within the limits of the clauses of the contract.
Reasons for servitude
When the owner needs to place his property in the adjacent plot, he draws up the servitude in writing, coordinating its terms with the owner of the allotment used on a voluntary basis or through a lawsuit. The reasons for such actions may be the following:
- The use of the land of a neighbor is a necessity, independent of his desire.
- The servitude is not registered properly. The conclusion of the contract allows you to control the legal relations of the owners.
- The owner of the allotment receives inconvenience or harm from the uncontrolled use of his lands.
- The owner is entitled to receive monetary compensation for the use of his allotment.
Thus, servitude makes it possible to regulate land relations in the interests of the parties.
How does servitude arise?
Few people know why servitude is needed and why it is used. However, its establishment provides invaluable assistance in carrying out important construction operations, land use in accordance with agricultural purposes.
A public and private servitude to a land plot may arise in connection with:
- ensuring open access to the shore, public places or communications facilities;
- drainage of land;
- forest use for hunting or felling trees;
- growing crops;
- breeding fish and its catch;
- conducting various research works.
The list provided is not considered exhaustive. Each case is individual and may require other reasons.
Terms of servitudes
Existing rights to the site are:
- unlimited or perpetual.
The first case indicates that the right of servitude to a land plot was received for the period established at the time of signing the contract. It is agreed by the parties on the basis of the purpose of creating such a right. Urgent servitude can act for:
- communications wiring (electricity, gas, water and others);
- directions with the implementation of the repair building.
The indefinite right allows to dispose of a site without time limit. This can be useful for:
- permanent travel on the paved road;
- passage through a section of the neighbor in the absence of other paths.
The last point is important if you need to get to another place, provided that this is the only available way.
Learning about the opportunities that servitude gives to the land, what it is,let's see what forms it is presented. The right to restrict land has two types:
Public servitude is established by state or municipal authorities for the purposes of a population in a region or a country as a whole. This view can be used for:
- the passage to the coast;
- cattle run.
Servitude on land plots of municipal property- a fairly common phenomenon due to the large amount of land owned by local authorities.
A private easement is accepted by agreement of the participants in personal amenities. The purposes of its use can be:
Both types of rights can be established by filing a claim by the initiator.
Registration of public servitude
To register a public easement for a land plot, it is necessary to go through the following stages:
- to collect the required documentation explaining the need to use the piece;
- submit a collective application from the population to the authority having the right to the site;
- wait for a decision within a month on setting the date of public meetings of interested parties;
- the result of the meetings will be the refusal or approval of the need to formalize a servitude;
- if the authorities take a positive decision, then a regulatory act is created regulating the relations of the parties to the signed agreement.
After passing through all the stages, limited access to the land plot will be legalized.
Private servitude is usually between individuals and legal entities. Often, interested parties are state and local governments. The procedure for establishing servitude on a land plot includes the steps:
- negotiations of the parties;
- signing a contract for a compromise or a court decision in case of disagreement between the parties to the agreement;
- valuation of the used plot (carried out by the owner of the allotment or by a court decision);
- collection of all required documents, including the contract, by the initiating party and transfer to the RosReestr for the registration of rights;
- after the appearance of the registration record, the servitude begins its action.
To regulate land relations between the participants of the servitude, a specific contract is signed. It is made in writing. For a private easement, you will need three copies of the contract for both parties and the RosReestr. A public servitude for a land plot does not require a written agreement, since in such a case a regulatory document is created.
The contract necessarily contains the data:
- compilation date and location;
- features of the land;
- agreement period;
- boundaries of use of the allotment;
- fee for the established right;
- opportunities and responsibilities of the parties;
- dispute resolution procedure;
- addresses and details of participants with signatures.
Documents required for legalization
Most transactions require documentation.This applies to the full transition rights. To arrange a servitude on a part of the land plot, it is necessary to prepare documents for submission to the Rosreestr. Their list includes:
- a statement from an interested party in the use of someone else’s allotment;
- receipt of payment of state duty;
- identity document of the initiator;
- signed agreement;
- technical documents on the site.
Submission of papers produced by a person who wants to use someone else's site. Registration is made within one month.
Reasons for termination of rights to the site
The servitude ceases to exist as a result of the expiration of its validity period under the contract or for other reasons. These may include:
- inappropriate use of allocated land;
- abuse by the right holder of opportunities;
- violation of the terms of the contract of one of the parties;
- the destruction of the land and the impossibility of its use for its intended purpose;
- the ransom was put on by the servitude initiator;
- failure of the interested person to use the site;
- the decision of both parties to the contract;
- restrictions on easement by the authorities.
If the negotiators do not conclude a voluntary agreement on the establishment of a servitude on a land plot, the court shall consider the matter. In this case, the person concerned submits a claim to the judicial authorities at the location of the site. It is necessary to provide exhaustive evidence of the need to use the neighboring land plot. Otherwise, the decision on the issue will be negative, and the servitude will not be registered.
After registration of the right to the site, you can also apply to the judiciary with the legal requirements. If the owner of the allotment incurs losses that are not covered by the land use fee, he can terminate the contract. Often, servitude initiators show resistance to the actions of the owner, and therefore only the court can decide.
Transfer of land rights
When changing the owner put on the servitude continues its action. The plot can be sold, transferred into the possession of others or become the object of other operations. However, the restricting right to dispose of them remains with the initiator of the transaction for the entire duration of the agreement.
Cannot be used as a pledge or become a separate subject of the contract of sale and servitude to the land plot. The types of rights to it remain solely for the side of the servitude, which favors its initial design. It is not allowed to transfer the right of restriction to a plot by this person in any of the ways.
All improperly committed servitude transactions have no legal basis, and therefore cannot exist. The fact of their discovery is punishable by the authorities and leads to the termination of the contract between the parties.
Having understood how to register an easement for a land plot, what it is, every land owner must promptly react to the violation of personal rights so that this action does not lead to serious consequences. Obstruct objective actions on the part of other persons are also not worth it due to disagreements.
A servitude is an opportunity to prove one’s rights to land, regardless of the owner’s will or by agreement. The introduction of this right at the state level significantly reduces the number of misunderstandings on the part of landowners or those wishing to use someone else’s land.Following the law, it is possible to stop attempts of encroachment on own property or to prove expediency of use of the neighboring earth.