Право земельного сервітуту: актуальні питання

The article is devoted to topical issues in the field of land servitude law. The legislative support for the formation and development of servitude land use is studied. The author analyses in detail the grounds, peculiarities and procedure for establishing land servitudes. It is emphasised that despite the legislative definition of the right of land servitude, a land servitude may be established only for a part of a land plot owned or used. This refers to the technical documentation on land management to establish the boundaries of the part of the land plot to which the easement right applies. The author emphasises the emergence of new types of land easements. It is emphasised that a land servitude should be exercised in the manner that is least burdensome for the owner of the land plot in respect of which it is established. The author focuses on the establishment of easements on land plots of various forms of ownership. The author examines the peculiarities of establishing land servitudes on land plots owned by the state and municipalities. The article deals with the limits of state interference with property rights by establishing a land easement. Procedural aspects of establishing a land servitude on lands not formed into land plots are considered. The article separately considers the peculiarities of establishing land servitudes by contract, law, will and court decision. The content of an agreement on the establishment of a land easement is indicated. The peculiarities of concluding an agreement on the establishment of a land servitude are noted. It is emphasised that a land servitude is subject to state registration in accordance with the procedure established for state registration of rights to real estate. Examples of legislative provisions on the establishment of land servitudes by law are provided. The author analyses the procedure for establishing a land easement by will. Emphasis is placed on the inclusion of a land easement in the will and then in the certificate of inheritance. The author examines the peculiarities and conditions for concluding a servitude agreement by a court decision. Examples of court practice in this area are provided.