Rights In Rem Mechanisms in the Adjoining Landowners Rights

The author analyses adjoining landowners rights regulation within in rem legal framework. Adjoining landowners rights and obligations, reciprocal by default, publicly establish the limits of landowner’s right in use of his property. Landownership law regulation considered to be necessary in every legal system desiring to regulate relations in the sphere of property ownership and Russian legal system, still lacking this legal mechanism, is not an exclusion. In addition to the adjoining landowners rights per se, the article explores related legal mechanisms that allow adjoining property owners to change established limits of the legally protected ownership rights by means of private agreements, changing the volume of their rights, or even waiving of them. It is shown that private servitude can be the only legally appropriate mechanism solidifying the change in the volume of property rights. Thus, improving the regulation of adjoining landowners rights in the domestic legal system requires reconsidering role of the servitude law, its further development on the basis of more developed legal systems’ experience. That also means a return to Russian pre-revolutionary legal roots and reestablishment of legal mechanisms known from that times. The purpose of the study is to put forward proposals for a comprehensive reformation of adjoining landowners rights regulation.