What is a land easement?


Access to the site through the Economy ditch

An economical option for organizing a check-in, which is designed for cars to enter the site.

Standard

Price: 36,000 rub. Full construction

. The price includes all necessary materials and their delivery:

  • geotextiles,
  • plastic geogrid (to strengthen slopes),
  • quarry sand - up to 4 m3,
  • crushed stone m600 - 2 m3,
  • asbestos pipe.

Stages of work:

  1. We manually clean the ditch and remove the soil;
  2. We lay road geotextiles with a density of 250 g/m2;
  3. We arrange an underlying layer of sand;
  4. We install an asbestos pipe in a ditch up to 60 cm deep;
  5. We fill the pipes with quarry sand and compact them;
  6. We arrange a covering of crushed stone of fraction 20-40, M600, compact it;
  7. We strengthen the slopes with geogrid.

Characteristics of asbestos pipe:

  • Type: asbestos,
  • Diameter: 300 mm,
  • Length: 5 m.

Advantages of asbestos pipe:

  • not subject to corrosion;
  • ease of installation, without special equipment;
  • resistance to aggressive substances and liquids;
  • relatively low cost.

Disadvantages:​

  • low strength and fragility.

Easement on a land plot - what is it? Land easement agreement

An easement for a part of a land plot is issued if there is no need to use the entire plot to satisfy the needs of a neighbor or the public. Such a partial easement is possible in both private and public versions. In this case, the contract is drawn up according to the same rules and in the same order.

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Let's give a simple example. The allotment is operated under conditions that are not stipulated in the contract, and not for its intended purpose. In this situation, only at the initiative of the judicial authorities can the established restrictions become invalid if the owner of the land provides undeniable evidence regarding the incompetence of using the land for other than the specified intended purpose. Or another case where a land easement agreement was concluded with the aim of creating a new water supply interchange, but in connection with the construction of a well, such a need disappeared by itself.

Access to the site through the Economy+ ditch

Designed to allow cars and trucks weighing up to 25 tons to enter the site.

Price: 39,000 rub. Full construction

. The price includes all necessary materials and their delivery:

  • geotextiles,
  • plastic geogrid (to strengthen slopes),
  • quarry sand - up to 4 m3,
  • crushed stone m600 - 2 m3,
  • two-layer corrugated plastic pipe – 1 pc.

Stages of work:

  • We manually clean the ditch and remove the soil;
  • We lay road geotextiles with a density of 250 g/m2;
  • We arrange an underlying layer of sand;
  • We install a plastic pipe in a ditch up to 60 cm deep and up to 80 cm wide;
  • We fill the pipes with quarry sand and compact them;
  • We arrange a covering of crushed stone of fraction 20-40, M600 and compact it;
  • We strengthen the slopes with plastic geogrid.
  • Work warranty - 6 months.

Characteristics of SN8 plastic pipe:

  • Pipe type: double-layer corrugated plastic;
  • Load class: SN8;
  • Length: 6 meters;
  • Diameter: 300 mm.

Advantages of SN8 plastic pipe:

  • abrasion resistance, o
  • resistance to chemical influences and corrosion,
  • low cost,
  • long service life.

Disadvantages of SN8 plastic pipe:

  • cannot withstand high loads.

Registration of an easement for access to the site

  • the circumstances according to which the parties followed during the conclusion of the easement agreement have changed significantly;
  • restrictions on the rights of the owner of land encumbered by an easement have increased or decreased at the end of a specific period after its establishment;
  • the parties came to a general agreement to change the amount of the proportionate fee for the easement (private easement);
  • the scope of the easement has increased or decreased;
  • a state authority or local government body adopted a regulatory legal act that changed the act by which the easement was established in relation to the amount of value (public easement);
  • the court made a decision to change the value of a private or public easement by adjusting the easement agreement or a regulatory legal act of the administration.

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However, if the territory for passage is required not only by one citizen, but by a whole group of people, the authorities can establish a public easement for passage and passage in order to ensure the interests of local residents. Such a decision will be made at public hearings and will not be agreed upon with the owner of the encumbered plot.

Access to the site through the “Steel” ditch

Designed for a driveway width of 5 m.

Price: 57,000 rub. Full construction

. The price includes all necessary materials and their delivery:

  • geotextiles,
  • plastic geogrid (to strengthen slopes),
  • quarry sand - up to 4 m3,
  • crushed stone M600 - 2 m3,
  • steel pipe - 1 pc.

Stages of work:

  1. We manually clean the ditch and remove the soil;
  2. We lay road geotextiles with a density of 250 g/m2;
  3. We arrange an underlying layer of sand;
  4. We apply an anti-corrosion coating;
  5. We install a steel pipe in a ditch up to 80 cm deep and up to 100 cm wide;
  6. We fill the pipes with quarry sand and compact them;
  7. We arrange a covering of crushed stone of fraction 20-40, M600, compact it;
  8. We strengthen the slopes with geogrid.

Characteristics of steel pipe:

  • Pipe type: steel,
  • Length: 6 m,
  • Diameter: 273 mm.

Advantages of steel pipe:

  • high strength;
  • relatively low cost.

Disadvantages of steel pipe:

  • prone to corrosion.

Entering the site through the “Reinforced Concrete” ditch

Designed for a driveway width of 6 m.

Price: 62,000 rub. Full construction

. The price includes all necessary materials and their delivery:

  • geotextiles,
  • plastic geogrid (to strengthen slopes),
  • quarry sand - up to 4 m3,
  • crushed stone M600 - 2 m3,
  • reinforced concrete pipe - 3 pcs.

Stages of work:

  1. We manually clean the ditch and remove the soil;
  2. We lay road geotextiles with a density of 250 g/m2;
  3. We arrange an underlying layer of sand;
  4. We install reinforced concrete pipes in a ditch up to 80 cm deep and up to 100 cm wide;
  5. We fill the pipes with quarry sand and compact them;
  6. We arrange a covering of crushed stone of fraction 20-40, M600, compact it;
  7. We strengthen the slopes with geogrid.

Characteristics of reinforced concrete pipe:

  • Pipe type: reinforced concrete,
  • Diameter: 400 mm,
  • Length: 2.5 m.

Advantages of reinforced concrete pipe:

  • stability during operation in a wide temperature range;
  • high frost resistance;
  • is characterized by high strength and durability;
  • not subject to corrosion and rotting processes;
  • relatively low cost.

Disadvantages of reinforced concrete pipes:

  • not resistant to aggressive liquids;
  • has heavy weight.

Registration of easement

An easement can be issued to ensure passage and passage through a neighboring land plot, construction, reconstruction and (or) operation of linear objects that do not interfere with the use of the land plot in accordance with the permitted use, as well as other needs of the owner of real estate that cannot be provided without establishing easement.

The decision to establish a public easement is published in the text of the act of the government authority, which indicates the following: the property (land plot), the location of the land plot, the cadastral number (for this you need to go through a mandatory procedure for marking the boundaries of the land plot), the owner or other holder of the land the plot encumbered by a public easement, the name of the easement (public), the contents of the easement, its validity period, the conditions for its establishment.

18 Jul 2020 glavurist 375

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Access to the site through the “Improved” ditch

Designed to allow cars and trucks weighing up to 25 tons to enter the site.

Price: 76,000 rub. Full construction

. The price includes all necessary materials and their delivery:

  • geotextiles,
  • formwork boards,
  • quarry sand - 2 m3,
  • crushed stone M600 - 2 m3,
  • double-layer corrugated plastic pipe,
  • reinforcement AIII 10mm,
  • concrete M300 4m3.

Stages of work:

  1. We manually clean the ditch and remove the soil;
  2. We lay road geotextiles with a density of 250 g/m2;
  3. We arrange an underlying layer of sand;
  4. We install a plastic pipe in a ditch up to 60 cm deep and up to 80 cm wide;
  5. We fill the pipes with quarry sand and compact them;
  6. We arrange a covering of crushed stone of fraction 20-40, M600, compact it;
  7. We install formwork,
  8. We build a frame from 10mm reinforcement,
  9. Fill it with concrete.

Characteristics of SN8 plastic pipe:

  • Pipe type: double-layer corrugated plastic;
  • Load class: SN8;
  • Length: 6 meters;
  • Diameter: 300 mm.

Advantages of SN8 plastic pipe:

  • relatively light weight,
  • abrasion resistance, o chemical and corrosion resistance, o low cost,
  • long service life.

Cable on site

Advice from lawyers:

1. A Rostelecom cable was found at the individual housing construction site, how to move it and what to refer to?

1.1. Hello! You do not have the right to transfer it yourself. First of all, make sure that you do not have an encumbrance in the form of an easement on this site. If so, this must be indicated on the land title certificate. If there is no encumbrance, then contact Rostelecom in writing with a request to withdraw the line from the territory of the site. If they refuse, then Rostelecom will need to be forced to do so in court and recover damages.

Did the answer help you?YesNo

Consultation on your issue

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Calls from landlines and mobiles are free throughout Russia

2. On the territory of the site, a plot of land for lifelong inheritable ownership! A cable was buried underground. Workers entered the territory of the site and dug a hole without the knowledge of the owners, leaving a note with the task of digging up meter by meter, is it legal and who owns the cable? After the call, it was said that where the cable lies is the territory of the organization and the site is therefore not registered correctly.

2.1. Go to court immediately

and first, request an extract for the site from the Unified State Register of Real Estate (Rosreestr).

Did the answer help you?YesNo

3. I discovered that there is no electricity in the village house. Power engineers supply electricity. It turned out that two weeks ago a neighbor installed gas on his property. His contractors probably damaged my cable in the ground. The neighbor does not deny the fact of excavation work, but from his side there are no proposals for compensation for damage. What should I do? Thank you. Vladimir.

3.1. Call the police. The police are required to identify the person who damaged the cable.

Did the answer help you?YesNo

4. Two years ago we bought a plot of land without encumbrances, began to put up a fence and found a 10,000 W cable right in the center in the ground, we began to investigate and found out that this was a water supply cable to a wastewater treatment plant, and a year ago we received a construction passport and a notice of the start of construction . But how to build if according to the plan the house should be exactly where the cable runs. They don’t want to move it and won’t let us build.

4.1. Hello, you need to file a lawsuit and legally force them to move the cable. There is judicial practice on this.

Did the answer help you?YesNo

4.2. They don’t want to move it - go to court.

First of all, you need to know the history of this site - about the transfer of rights and the original right and status.

Did the answer help you?YesNo

5. In SNT (New Moscow) they changed the email. pillars. The pole between my plot and the neighboring one was placed not at the boundary, but 3 meters away from my plot. Accordingly, when the neighbor connected the electric. cable to my house, it ran diagonally through part of my site. How can I force my neighbor to remove the cable from my property?

5.1. Hello! You just need to go to court on the basis of Art. 209 of the Civil Code of the Russian Federation, which states that the owner has the rights to own, use and dispose of his property. And on the basis of Art. 304. Civil Code of the Russian Federation The owner may demand the elimination of any violations of his rights, even if these violations were not associated with deprivation of possession. You need to demand the removal of obstacles to the use of your site. Based on a court decision, the neighbor will be required to remove the wire.

Did the answer help you?YesNo

6. A plot was purchased. During the initial construction process, the fact that a cable was laid there was revealed. This became clear during the process when the roots were pulled out. There are all documents for the site, without any restrictions. The signatures of all the heads of services are also there. How can I remove this cable so that it does not pass through the site? The management of Rostelecom asks me to submit a statement. How to proceed?

6.1. Good afternoon Does the cable belong to Rostelecom? In this case, really apply.

Did the answer help you?YesNo

7. We are planning to buy a plot of land in SNT. There is nothing in the encumbrance column in the certificate for the plot. To the cadastre. The object “electric cable route” is displayed on the map. It runs through the site and limits the construction of the house. Is it possible to remove it from the site? Who should do this (at whose expense) SNT or us? The owner did not give permission to lay the cable.

7.1. This is not the simplest question and it will not be possible to fit into the space of this site. It is necessary to look at a lot of documents, namely when, in what year and on what basis the route was laid. Who allocated the land for this? Who is the owner today? What specific restrictions and encumbrances are imposed? Is there an easement established or not? And so on. If construction is prohibited in the required area to maintain the highway, then there is no point in taking such a site. It is possible to transfer it, but only by agreement with the company, or in court - and this does not provide a 100% guarantee of a positive decision.

Did the answer help you?YesNo

7.2. Hello, most likely this is a cable from the Russian Ministry of Defense. Moving it or removing it will be problematic. The specified area with an encumbrance. You need to order an extract from the Unified State Register. there it should be reflected.

Did the answer help you?YesNo

8. My cable runs over the territory of a neighbor in the corner of the plot, he wrote a complaint to the chairman of the gardening and they want to disconnect me. Do I need permission from him to connect the cable?

8.1. According to the general rule on non-discriminatory access to electricity supply services, persons through whose sites electrical wires indirectly pass do not have the right to prevent consumers from receiving electricity. But in this case, everything depends on the availability of specific documents in your hands (for connection, etc.)

Did the answer help you?YesNo

9. I purchased a plot of land and have a purchase and sale agreement in hand. Rostelecom fiber optic cable runs through the area. Development is disturbing. It is possible through the court to obtain its transfer beyond the territory of the site boundary.

9.1. Hello. Theoretically, perhaps there are such court decisions. But in practice, everything depends on the court and documents. Which Rostelecom has, cable laying diagrams, terms, how long it has been in the ground and the grounds for providing them with the site. I personally had legal proceedings with them and our court did not satisfy the transfer requirements, despite similar cases in other regions and positive decisions in favor of individuals.

Did the answer help you?YesNo

10. In 2020, we received land as a young family. But it turned out that the land was military and it was seized. They paid the rent for the first year, but then didn’t pay it. Electrical cables also run through the site; the administration has not built a road to the site. Now the contract with us has been terminated and in court they are demanding that we pay a fine of rent. Is this legal?

10.1. After terminating the rental agreement, you only have to pay for the period up to the termination of the agreement.

Did the answer help you?YesNo

11. On my plot (property) there are cables underground, can I build on it? What if Noah needs access to them in a number of years, and there is already a building above it?

11.1. Request a town planning plan for the land plot from the administration; it will indicate the maximum construction parameters. Also obtain an extract from the Unified State Register to determine whether there are any restrictions. If there are no restrictions, then carry out construction in accordance with your GPZU.

Did the answer help you?YesNo

11.2. You need to do a geo survey, contact the architecture department and find out whose cables it is.

Did the answer help you?YesNo

12. After purchasing the plot, I did a geodesy of the plot (put pegs (borders)) and it turned out that on my plot there is a road ditch and some kind of cables (there are signs to the right, do not dig 2 meters to the left). A house is registered on the plot.

12.1. Good afternoon Your site is limited in use due to the presence of utility lines and, accordingly, security zones within its boundaries. Didn't you see this when you bought the land? The buyer did not warn you about the presence of restrictions on the use of the land plot due to the location of communication lines within its boundaries? There are no restrictions in the cadastral passport of the land plot, in the graphic part of the code. the line passports are not marked? Did the signs appear after geodesy? If you need help, contact me by phone/WhatsApp, oral consultation up to 15 minutes is free.

Did the answer help you?YesNo

13. We bought a garden plot in SN, and now we are re-selling the private housing construction without any encumbrances. It turned out that there was a cable running underground that fed the MV illegally. The cable was accidentally damaged. The board insists on repairs. How can we resist this and ensure that the cable is removed from the site? There is psychological pressure from de-energized SN members.

13.1. Elena, write a statement to the energy supply and to the prosecutor's office and immediately all talk about repairs will stop.

Did the answer help you?YesNo

13.2. Elena, if you bought a plot of land without restrictions on its use (the documents do not indicate the presence of a cable within the boundaries of the land plot), you have the right to demand that this cable be moved outside the boundaries of your plot at the expense of the cable copyright holder or make a claim to the former owner of the land plot. up to the termination of the purchase and sale agreement. You are not responsible for damage to an illegally placed cable; therefore, you are not obligated to fix it (repair). Keep in mind that the presence of a cable or other linear object on a plot of land (legally) entails certain restrictions on economic activity on such a plot of land (limitation of development, depth of soil excavation, etc.), so I would recommend that you consider the option of dismantling the cable for account of its copyright holder.

Did the answer help you?YesNo

Consultation on your issue

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Calls from landlines and mobiles are free throughout Russia

14. We laid an armored cable underground along our site, and hung the meter on the house. The house is located at the end of the plot and not at the beginning, the pillars are along the road, They are no longer connected to the pillar, motivating. That the meter is on the outside of the house and there is no project on whether this is legal.

14.1. Hello Svetlana! Apparently, you signed without reading the technical conditions for connecting to the electrical network, which immediately indicated the requirement to place an electricity meter on the street. Or they didn’t sign the documentation at all. Before starting work on installing an electric meter, you need to obtain a standard agreement complete with an Act on the division of balance sheet. Have you received these documents?

Did the answer help you?YesNo

15. I live in a private sector, a corner house, immediately behind it is a vacant lot, reeds and a railway. Behind the house, along the border of my land plot, decorative “deer antlers” trees were planted - beautiful, and the other day all these trees were literally broken at the roots. Tell me where to go with a complaint, because... Before this, these trees had already been broken off at the end of winter, presumably by one of the communications workers (they have a cable laid in the vacant lot in the reeds from the house no less than 15 meters), but someone’s hands are itching.

15.1. Good afternoon. The only option is to contact the local commissioner. But I’ll warn you right away that it won’t do any good. At best, they will simply accept the application and put it on the table. An acquaintance presented him with a video surveillance camera recording - to no avail. For the system to work, you need a corpse or serious harm. Harsh Russian reality.

Did the answer help you?YesNo

15.2. If the trees are located in the network zone, then this intervention is justified; you can only clarify whose cable it was and what standards were followed. Restrictions on felling, as a rule, apply only to fruit trees. A house adjoining property is the property of the municipality, no matter in what zone it is located, if it is not registered and is not registered with any entity. Write a complaint if your rights are violated, only then will it take effect.

Did the answer help you?YesNo

16. The network organization, while stretching a cable through my property (owned), damaged the carbonate in the greenhouses. How can I prove that I suffered damage? What documents will be needed for this and who can provide them to me?

16.1. Galina, you can prove it both with testimony and conduct expert research.

Did the answer help you?YesNo

17. An electric cable runs near the individual housing construction site. The cable is not legalized and is not on cadastral maps. This cable interferes with the water supply to the site. What can be done?

17.1. Dmitry, find out who owns the cable and contact the owner with a demand to remove the obstacle.

Did the answer help you?YesNo

18. I’m building a house in the SEC, I haven’t been able to get a connection from the chairman for a month, today he announced to me that I need to install 11 poles and lay a new cable, in the amount of 500 thousand rubles! Is this even legal? If there is a line 5 meters from my site?

18.1. No, this is not legal, write a complaint against him to the prosecutor's office.

Did the answer help you?YesNo

19. On my site there is a communication cable that was laid back in the 60s, CRIS employees arrived and demanded that the fence be moved 2 m, citing that this is a security zone.

19.1. If you have a land survey, the boundaries of the site are defined, then the KRIS employees demand that the fence be moved illegally, your site is owned, there is an encumbrance on it, it is prohibited to dig on it, dig a pool, etc. below a certain depth indicated in the archival documents located in cadastre department, BTI or in the city archive. Upon request, they are required to be provided to you.

Did the answer help you?YesNo

20. In 2020, they put up a fence at the dacha, damaged the electric cable laid in the ground through our site, now something happened there and 2 stations were left without electricity. Now it is being repaired and they are going to issue an invoice, is the cable lying there legally and is it possible to How do we bring it to the site and are we required to pay for it? After all, in our documents there is not a word about this cable.

20.1. If you are at fault for the damage, you will be responsible for paying for it. It will just be necessary to find out on what basis this cable was laid, and whether or not the owner of the site gave permission to lay this cable.

Did the answer help you?YesNo

20.2. If you were not notified of the presence of the cable, then you are not guilty of damaging it. I recommend contacting a lawyer to protect your interests before it’s too late.

Did the answer help you?YesNo

I would like to note that at the moment I need to start construction on the site,

A special communication cable runs near the site, construction permission has been received! What problems might arise?

While installing a sewer system on a personal property, an excavator broke the cable. Can energy networks be forced to pay for damages?

I left a request to connect a private home to the Internet, and they gave me a price tag of 30 tr.

On my agricultural land plot, Rice wants to install a high-voltage cable without the consent of me, the copyright holders of this land plot.

We want to purchase a plot of land, it is leased, with the subsequent construction of a house and registration of its ownership.

We live in a private house for two owners. The second part of the house is located in a dilapidated area, no one lives there.

We bought a plot of land in 2005. And later it turned out that there was an underground power cable attached back in the USSR when, by law, they had to register it?

I live in the private sector, new development. The site is not yet fenced.

How can I find out whose poles are crossing my site!? And can I take rent from those whose pillars these are?

I have owned agricultural land for more than 20 years, this year I registered one plot of 19 hectares for the construction of country houses,

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