Types of easements, established by the Land Code of the Russian Federation

The right to use someone else's property is quite an ancient institution, which began in Rome, when civilization was just beginning to emerge. He assumed a large number of sub-institutions, which then developed, then fell into decay. Types of easements, the most popular of all rights to use someone else's property, were few, but at the same time very significant for the whole society. This seriously affected and became the foundation for the development of civil, land and other branches of the legislation of the present time.

The concept of the right to use other people's things

The development of private property has become the impetus for the development of many branches of law. As you know, civil law provides for three forms of selling a property, including land and buildings: disposal, possession and use. All together, they form the right of ownership, but each of them individually also takes place in the system of civil institutions, acting independently.

The right to foreign things from its name makes it clear that this is one of the manifestations of a form such as enjoyment. That is, the person is vested with powers directed at someone's property. There is a certain limitation in the possibilities for this or that property. It is for this reason that the key condition is participation only of other people's things, that is, those that are owned by another person who does not use.

Kinds of the considered right

The right to use other people's things, as well as the relation of property, is real and absolute. It has several varieties that existed from the very beginning of the formation of civil law and the development of civil law norms, which, accordingly, is reflected in the current legislation. So, there are three main types of using someone else's things.

The first, the most important and common, is an easement. The concept and types of this institution are very specific and have a number of features that distinguish it from others by certain goals. He gives the right to use other people's things that are in the ownership of another person, on specific conditions that are negotiated in advance. A very important moment for civil society.

Two subsequent species are considered to be emphyteusis and superficies. Not very developed and institutionalized now institutions. They promote the inheritance of the very right that allows you to use someone else's property, that is, they give you the opportunity to bequeath it. Very ambiguous institutions, which at the present time are in a very unstable state. They were abolished from the Civil Code of the Russian Federation, and then again fell into the draft amendments to this law. Also, there is a pledge right that allows you to recover from a thing that was given under a guarantee.

The concept of servitude

Each institution of civil and land law has its significance and plays an important role in regulating public relations. The concept and types of easements, the ways of their establishment and termination - all this at any time had due regulation by the state. The need for this is great, since such relationships are most often encountered. Plus the very essence of modern society, and even what existed in ancient Rome, requires consideration of such important points. So what is it?

Servitude is one of the types of right to use someone else's property. It is important that this applies exclusively to land. The establishment of this kind of right implies certain privileges in the operation of a site belonging to another owner. That is, the one who disposes of the land, has no right to carry out any manipulation with it, if nevertheless has burdened the property with an easement, which, of course, is a significant moment in this matter.

Types of servitudes

The division of the right to use another's property, as was discussed above, is very simple and concrete. Four options, which at present have lost their essence in their own way. Servitude as a kind of the given institute also in turn is subdivided into some versions which took place both in last times, and in the present period. So, define two categories of easements.

The first category is predial servitudes. They are also often called land. They are especially common and popular in civil society. Types of easements in land law are just limited to the pre-annual, which is quite logical and permissible. The LC RF regulates this issue in detail and contains all the necessary norms for the application of this institution. However, despite the specifics, the act, one way or another, refers to the Civil Code of the Russian Federation.

The second category, which is used much less often, is personal easements that involve belonging to a particular person. The meaning of this division is that the subject in these categories is different. Hence their difference. In the first case, the right to foreign things belongs exclusively to the person owning the land as an owner, in the second - personally to any person.

Roman law on servitudes

If we talk about the source of all sciences, people immediately remember philosophy. In jurisprudence, special attention is given to Roman law as the first experience in creating a system of norms. It is the beginning of civilization, the foundation on which the civil law was formed and all other branches inextricably linked with it. All this reflects the considerable importance of Roman norms and rules.

So, if you pay attention to easements, then they were very important elements of the whole law in ancient Rome. The only institution of this region that existed at that time was connected with land plots. That is, Rome knew only the predial servitudes, there was no other division. The right to alien land in favor of another person allowed many at that time to ensure their lives.

If we compare the current situation and the past, then the types of easements in Roman law, of course, were significantly limited. There was no provision for the use of other property (other than land) that would belong to another person while in the property. Only allotments could be the object of such a relationship, but this did not prevent the development of the institution under consideration in other subjects of such a transaction.

Land easement

The concept and types of easements in land law are no different from the treatment in other industries. In fact, everything is based on the conclusions of theorists. In fact, the peculiarity of these norms is that they affect the regulation of exclusively relations related to their specifics. Land plots are currently the subject of many transactions, as well as disputes that arise because of insufficient awareness of their rights and their inability to protect and secure them.

Also, the types of easements in the land law are stipulated. Photos of various plans and projects capture their examples. The LC RF establishes only public easements, which is typical for other industries. This means that this right is provided for by law and in no other way. In addition, the law provides for the possibility to apply the institution in question both for a fixed term and for a certain period of time, which is also a criterion for classification.

The legal basis for land servitudes is nothing more than the Land Code of the Russian Federation. In fact, this act regulates the issue in question not fully. His articles deal with every important issue in this area, but he also refers to the Civil Code, which, in turn, fixes everything that is necessary.

The concept and types of easements in civil law

As you know, civilization is the basis of all jurisprudence. Not only civil law, but also other branches of the private sector depend on it. The existing society now requires the proper development of this industry, since it develops horizontally, excluding subordination and dependence. The institute being studied is not an exception. Types of easements in the civil law of the Russian Federation, their concept and other features are clearly regulated, as the society demands.

If we talk about the Civil Code of the Russian Federation, then much attention is paid to this institution, despite all its significance. Law only general provisions regulate such relations, not stopping at something concrete. However, the types of easements in civil law are still present and fixed, namely they are subdivided into public ones, which are established in accordance with the law and are also found in the RF LC and private.

In addition, as mentioned above, there was a draft amendment, which implied not only a more complete settlement of servitudes, but also the introduction, or rather, the restoration of other types of such rights, emphyteusis and superficies. At the same stage, pay attention to another act. Types of easements, established by the Land Code of the Russian Federation, are fully capable of settling all relations related to this issue, while the Civil Code of the Russian Federation fixes general provisions on their acquisition and protection.

The emergence of the right to use another's property

The use of other people's property should always be supported by certain actions fixed in the law. Most often, this is the transaction, both one-way and two-way. Types of servitudes of the Russian Federation define several options that give the basis for its acquisition. This issue is regulated by the civil legislation of the Russian Federation, as well as by other federal laws.

So, there are several cases that give the right to use someone else's property. The first option, when the owner at his own will establishes an easement for a personal plot of land. The reasons for this role do not play. The desire of the owner of an allotment is the basis. Types of easements play a role in this issue only when the public is established, which is implied by the law, but here there is a restriction only in terms and conditions.

The second option is a one-way deal. In this case, easement can occur only with inheritance. The testator can transfer the right of lifelong use to any of the successors, which will serve as the basis for his acquisition. And the third case, the most common of all. Conclusion of the contract. This is a bilateral agreement that takes into account all the conditions approved by each party.

Grounds for termination

The Law of the Russian Federation pays much attention to the institute under consideration. Types of easements in land law have the most extensive coverage, suggest several classifications. And it is this act that records all the necessary conditions and grounds for the operation of the right to use another's property to cease. These rules allow their distribution to any cases of using servitudes.

The land legislation in this issue again refers to the Civil Code of the Russian Federation, which, in turn, gives a very brief and exhaustive justification for the termination of easement. So what is needed for this? The main and most significant reason is the desire of the owner of the land. The reverse situation is that which allows you to set it at will. Also, cancellation is possible if the existing reasons for its establishment simply disappeared. For example, the loss of property, in the case of servitude - the site.

It is also possible to cancel the easement in court. This is already considered a dispute between citizens, which is also often a phenomenon in civil relations. When establishing the right to use someone else's property, it is necessary to realize it only for the intended purpose, which is negotiated in the contract. If such a rule is not observed, then the person burdened with easement has the right to apply to the court, which will terminate it. Types of easements do not matter.

Protection of the right to use another's property

Not only the owner of a land plot has the right to apply to the court to protect his rights and interests. There are cases when the opportunity to use your easement is violated. The concept and types of such a phenomenon are not established, and this can be considered a banal violation of the rights to use someone else's property. So what is the protection of interests, if they belong not to the owner, but to the other party to the contract?

Discussion of the dispute between the parties is possible. There were cases when conciliatory actions were carried out, and everything did without loud trials. Not every citizen is ready for judicial disputes. However, the most common and correct way is to file a claim. Solving issues through the court guarantees a result that can not be subsequently not met, because it can be foreseen the most serious responsibility.

In Rome, for the protection of the right to use someone else's property, absolute claims were applied. Actually, at present this procedure has not changed much. The meaning of such a claim is that it helps to protect the rights of a person to use what he does not own. Now this is called the claim for award, which applies to all disputes, with the exception of those aimed at establishing one or another fact.

Value of Servitude

Any institution that is part of a legal system plays an important role in its functioning. All civil legal relations require special attention and regulation, since they are the most common of all and equally difficult and incomprehensible in some aspects. Most disputes arise just because of insufficient awareness of their interests and rights.

So what's the use of servitudes? There is a huge number of people who do not come to an agreement on land issues. Spores can occur even because of a small tree that affects parts of several individuals. Types of easements, established by the Land Code of the Russian Federation, give rise to a particularly large number. And precisely to ensure that there is no conflict over the use of a particular object or passage through someone else's yard, and servitudes are established.

Granting the right to use someone else's property is a great discovery for corporeal relations in general. Ownership in any of its forms has always played a big role and ranked first, but now use without the right of disposal has become no less popular. And that's why the servitude is subject to such regulation by the legislator and has great significance for the whole system of law.