Art. 57 Law of the Republic of Belarus On state registration of real estate Documents that are the basis for state registration of the occurrence of an easement dated July 22, 2002 No. 133-Z Law of the Republic

Example of an easement

In this example, the company that owns the water supply system enters into an easement with the owner of the site for the possibility of repairing underground communications in the event of an accident
. The intended purpose of the land plot is not only a restriction for its owner (the obligation to exploit the land for certain needs), but also the right to use the territory according to its assigned categories. An easement agreement is one of the legislative instruments that protects this right when its implementation requires access to a neighboring land plot.

Essence and content

The essence of an easement is to provide a limited or unlimited number of persons with the opportunity to:

drive or pass through private property;
transport special equipment (for laying utility networks or construction/reconstruction);
use land resources (pastures, water utilities, communications).

The establishment of a land easement is possible only when there is no other way to carry out specific work or meet the needs of a neighboring plot (access to which is blocked). Parties to the agreement:

The initiator is a user of someone else's territory, called the authorized person. It can be the legal owner of the land plot or its user (on the basis of an agreement of indefinite/free use, lifelong inheritance, lease).
The owner of the encumbered land is the obligated party.

Stages of establishing a public easement

Submitting an application from a local government body or state authority, which indicates the site, the purpose of establishing the encumbrance, information about the owners of the land and the validity period of the easement
Consideration of the application by a representative body with the drawing up of a detailed act on the conduct of the case
Organizing hearings and making a final decision. By the way, according to the Land Code, the organization is only advisory, but not mandatory.
Publication of a legal act on the entry into force of a public easement

To register a public easement on a land plot, a number of documents are required: an application, a receipt for payment of the state duty, a legal act on the imposition of the easement and a plan of the land plot. A public easement is established for travel or passage through the territory of a site, performing geodetic work, withdrawing water resources, driving livestock, carrying out drainage work, and free access to the coastal strip. To learn more about public easements (judicial practice on which is not uncommon), we recommend that you seek help from the lawyers of our online portal.

When and why is easement law implemented?

Establishing an easement on a land plot has one goal - to ensure the possibility of normal exploitation of the territory, access to which is difficult. Sometimes (a public contract) it is about the use of limited resources located on private territory.

The specific purposes of concluding an agreement may be:

the need to build on a land plot where equipment (or a team of construction workers) can only get through a neighbor;
travel/passage to the site through the neighboring territory (in the absence of direct access to it);
the need to lay communications (connection through a neighbor to water, heating, electricity, gasification);
repair work on the established border between areas and much more.

An easement agreement is a limited encumbrance on land. By providing a “normalized” right to use someone else’s territory, it does not limit the owner of this territory in property rights.

Links[ | ]

Encumbrance of property rights with a land easement, Garant, March 18, 2008
Kuznetsova L.V. Private easement in Russian civil law: main features / Journal of Russian Law No. 6 - 2011 p. 50
Payment for a private easement: commentary on the determination of the Judicial Collegium for Economic Disputes of the Supreme Court FROM 06/11/2015 ON CASE No. A43-11824/2013 / Journal “Law” No. 10 October 2020 p. 88

This is a draft article about law and jurisprudence. You can help the project by adding to it.

Types of contracts

The main classification of land easements is determined by the Land Code of the Russian Federation (Article 23) and divides contracts into public and private.

A private treaty is the right for one neighbor to use the land of another. The encumbrance can be imposed both on a limited area of the territory and on the entire plot within its cadastral boundaries. The basis for establishing a private easement may be a peace agreement or a court decision.

A public document is the right to use owned land for an unlimited number of persons in the interests of the state, population, and local administration bodies. The establishment of a public easement always carries social content.

Other characteristics divide contracts into fixed-term and indefinite, partial and established for the entire land plot.

Russia[ | ]

The Civil Code of the Russian Federation leaves open the list of needs that cannot be provided without establishing an encumbrance on a land plot in the interests of the owner of another or neighboring plot. The procedure for establishing a private easement is defined in the Civil Code of the Russian Federation:

An easement is established by agreement between the person requiring the establishment of an easement and the owner of the neighboring plot and is subject to registration in the manner established for the registration of rights to real estate. If no agreement is reached on the establishment or conditions of the easement, the dispute is resolved by the court at the request of the person demanding the establishment of the easement.
- Art. 274 Russian Federation[2]

The Land Code of the Russian Federation does not contain a definition of private easement, but has a reference to the Civil Code of the Russian Federation, namely that

An easement is established in accordance with civil law.
- part 1 art. 23 RF[3]

The definition of private easement contained in the Civil Code of the Russian Federation is not applicable for private forest easement[1].

Private easements are subject to mandatory state registration as one of the types of restrictions (encumbrances) on the right of ownership of a real estate property[4].

The procedure for establishing and registering an easement on a land plot

The legal framework consists of the Civil and Land Codes, 122-FZ and a number of other laws (on agricultural management, livestock farming, and the use of subsoil). What determines the complex procedure for establishing an easement .

GeoStroyProekt LLC has mastered all the subtleties and nuances of this process. We constantly monitor changes in legislation, so we can provide competent assistance or protection against land encumbrances where there is no objective need for it.

The basis of the procedure is a written agreement between the obligated party and the authorized user. Its form is the same for all regions, including the Penza region . There are a number of parameters that must be reflected in the contract, confirming its validity:

Name.
Details of the parties.
Information about the land plot on which the boundaries of the encumbrance are established.
Reasons, goals, grounds for encumbrance.
Access rights boundaries.
Rent volume.

Payment

The last point is worth dwelling on separately. Thus, the Civil Code of the Russian Federation defines a clear obligation of the authorized party to pay a fee for the use of an easement (easement right).

Its size is set individually and must be justified. The specific rate is a dependent value, calculated taking into account the intensity of use of the site, the nature of its use, the consequences that such use may lead to (passage of heavy equipment, regular passage of personal vehicles, if this is a travel easement ).

The user fee may include:

expenses of the obligated party for the formation of conditions for the implementation of easement rights (clearing the territory, building roads);
the cost of organizing a security checkpoint;
repair of utility networks that will be used by authorized persons.

The fee can be paid one-time or regularly. The first option is usually used for fixed-term contracts, the second involves a clear fixation in the agreement of the terms, procedure, size, and frequency of payment cost .

In some cases, the establishment of an easement on a site is possible free of charge. Participants can reach such a solution through peaceful negotiations.

Sample easement agreement

How to draw up an easement agreement?

The agreement gains strength not from the moment of signing, but from the date of registration of the easement in the Unified State Register (USPR). This is clarified by the norms of 122-FZ. You can register the document yourself or seek help from GeoStroyProekt specialists. In the latter case, you will only need:

2 applications (from each owner);
passports of representatives of the parties (for a legal entity - extract from the Unified State Register of Legal Entities);
receipt of payment of the fee (for 2020 the fee is 1000 rubles for individuals, 4000 for enterprises/companies/organizations);
signed contract.

When registering a public easement, decisions of municipal/state authorities are additionally required. If the encumbrance is imposed by a court decision, it must also be provided. When access is provided to part of the site, registration of the agreement is carried out in the presence of an extract from the cadastre for the encumbered site with the intended boundaries of open access.

At the exit (if you decide to order a support service from GeoStroyProekt), the owner of the encumbered plot will receive a notice of the imposition of an encumbrance. The initiator of the process of implementing the easement right - a certificate of registration of his agreement.

How are easements established?

To establish an easement, it is necessary to agree with the owner of the land that will be needed for use. If there are obstacles to the laying of communications or to travel between the territories of neighbors - the building interferes with the installation of water supply or the access of equipment, neither party has the right to demand that such an obstacle be removed. The only way out is to ask to establish an easement and register it.

In order to formalize and establish a private easement on someone else’s land, only the legal owner of the land adjacent to him can apply for this requirement, if he has sufficient grounds for this. Main requirements:

The applicant has a legal right to the land and owns a certificate of title to it or has the right to a life annuity.
He turned to the owner of a neighboring plot with a request to establish an easement on his plot for his needs and described the reasons.
There are no other ways to satisfy the applicant's needs other than to establish an easement on this adjacent property.

The rights to use the easement cannot be transferred to other persons who are not the owners of the site. You can also apply for an easement to real estate tenants, regardless of whether they are an individual or an organization.

A request for the provision of an easement and for its registration is addressed to the municipal or regional authorities that manage the land of the given location. You can establish an easement on the entire plot or only on part of it.

The following documents must be submitted:

Statement.
Documents for the applicant (passport of an individual or extract from the Unified State Register of Legal Entities if a legal entity);
Receipt for paid state duty.
An easement agreement (drawn up in a voluntary form between the parties or a court decision).
Cadastral plan of the site with markings where the easement will pass (if it is not installed on the entire site).

A private easement agreement must be drawn up according to all the rules. It must contain information about the parties and the property, the reasons for establishing the easement, the boundaries and scope of its action, the amount of the established fee for use and other rights and obligations.

Judicial establishment of easement

Being savvy in the legal nuances associated with land use processes, our experts always strive to come to an amicable agreement on establishing an easement of a land plot between neighbors. But in the absence of an opportunity to reach an agreement, we will competently represent you in court.

Only the owner of land to which access is restricted can file a claim to establish an easement The defendant under the law is the owner of the land on which the encumbrance is supposed to be imposed. Grounds for claim:

The presence of objective evidence of the need to gain access to one’s site through someone else’s. The responsibility for collecting evidence and presenting it in court rests with the defendant (his representative).
The property that needs to be encumbered is owned and has undergone cadastral registration.

If the outcome of the case is positive (a court decision to conclude an agreement), the establishment of an easement of the land plot is “tied” to the real estate, and not to its owner, according to Art. 275 Civil Code. That is, when the encumbered plot is transferred into the possession of another person, the neighbor’s right to use it is preserved.

In the absence of the grounds that determined the execution of the easement , the obligated party may demand the removal of the encumbrance. Termination of the easement right is also possible by mutual consent of the parties to the agreement.

Procedure for establishing a private easement

In standard situations, the establishment of a private easement on a land plot occurs on the basis of a written agreement drawn up and signed by the interested party and the owner of the plot.

When drawing up and executing an agreement, it is important to ensure compliance with civil law standards that take into account the interests of both parties. The format of the agreement is regulated by clause 1 of Art. 161 of the Civil Code of the Russian Federation, with the mandatory inclusion of the following sections:

Information about the parties to the agreement, addresses, bank details.
The specific location of the object in question.
Reasons for the need.
The essence of the agreement being concluded.
Mechanism for implementing limited use rights.
Responsibility, rights, obligations.

By signing the agreement, the second party receives the right, subject to certain conditions, to use the territory in accordance with established purposes. As soon as the circumstances and grounds under which the need for the right arose disappear, the validity of the document also ceases. The owner of the plot has the right to set fees for the use of land at his own discretion. In fact, the payment is a consideration received for the provision of a temporary right to use property by the other party to the contract.

In the absence of mutual understanding between the parties, the interested party files a claim in court with a request to grant permission for access or another way of using the adjacent plot, taking into account the need to ensure their right to use their land.

Registration of rights

The registration procedure can be considered completed only after state registration of the agreement on the establishment of an easement. To do this, the parties contact the Rosreestr office with an application and the attached package of documents.

Download the Application for establishing an easement agreement for individuals. persons (20.6 KiB, 201 hits)

Application for establishing an easement agreement. Sample for legal entities (20.9 KiB, 212 hits)

Application for establishing easement of part of the site for individuals. persons (20.8 KiB, 192 hits)

Application for establishing easement of part of the site for a legal entity. persons (20.9 KiB, 185 hits)

The list of documents required to make a registration entry is presented:

a cadastral plan, on which there is a stamped restriction mark;
decision of a judicial authority, administrative act of a government agency, agreement;
payment document confirming the paid state duty;
passport of the interested person (applicant).

Depending on the category of owner, the amount of the fee will be:

1.5 thousand rubles – for ordinary citizens;
6.0 thousand rubles – for organizations.

A registered right is not established for a limited period of time. The duration of the right of use is determined by the period of compliance with the conditions and grounds specified in the administrative document.

Where to order an easement in Penza?

provides comprehensive support for forced or voluntary registration of land easements in Penza and the region. Already at the first consultation, we will help you determine the prospects for a successful outcome of the case and outline an action plan and an estimate of current expenses. Initial legal consultation is provided free of charge.

Depending on individual circumstances, our specialists will draw up for you an effective plan of solutions for establishing a private easement in Penza :

We will help you prepare all the necessary documents and fill out application forms without errors.
We will negotiate with our neighbor. It is easier to achieve a peaceful solution to the problem with us.
We will draw up a contract correctly. Here you can view or take as a basis a sample of establishing an easement .
If necessary, we will develop tactics for judicial conduct of the case, protect your interests in court, and collect evidence.
We will monitor the execution of the court decision.

Feel the care of professionals. We work for your results, reduce the cost of a complex procedure to a reasonable minimum, and work strictly according to the law.

Russia

An easement is established by agreement between the person requiring the establishment of an easement and the owner of the neighboring plot and is subject to registration in the manner established for the registration of rights to real estate. If no agreement is reached on the establishment or conditions of the easement, the dispute is resolved by the court at the request of the person demanding the establishment of the easement.
- Art. 274 Russian Federation[2]

The Land Code of the Russian Federation does not contain a definition of private easement, but has a reference to the Civil Code of the Russian Federation, namely that

An easement is established in accordance with civil law.
- part 1 art. 23 RF[3]

The definition of private easement contained in the Civil Code of the Russian Federation is not applicable for private forest easement[1].

Private easements are subject to mandatory state registration as one of the types of restrictions (encumbrances) on the right of ownership of a real estate property[4].

The cost of establishing an easement in Penza

The price for professional participation of GeoStroyProekt is always determined individually. Our lawyers have extensive experience working with easement law. Already at the first consultation you will be able to get an idea of the costs.

As our experience shows, the average cost of comprehensive legal and organizational support for the process starts from 30 thousand rubles. But for a more accurate calculation (the amount may decrease depending on the circumstances), please contact our specialists. You can sign up for a free consultation by phone or email.