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

The right to use someone else's property is enoughan ancient institution that got its beginnings in Rome, when civilization had just begun to emerge. He assumed a large number of sub-institutions, which then developed, then fell into decay. The types of servitudes, the most popular of all rights to use other people's property, were few, but very significant for the whole society. This seriously influenced and became the foundation for the development of civil, land and other branches of legislation of the present time.

The concept of the right to use someone else's things

The development of private property was the impetus fordevelopment of many branches of the law. As is known, civil law provides for three forms of the sale of a property, including land and buildings: disposal, possession and use. Together, they form the right of ownership, but each of them individually also has a place in the system of civil law institutions, acting independently.

The right to other people's things from its name givesunderstand that this is one of the manifestations of such a form as use. That is, a person is vested with powers directed to someone’s property. It assumes some limitations in the possibilities with respect to this or that property. It is for this reason that the key condition is the participation of only the things of others, that is, those that are owned by another person who does not use.

Types of law

The right to use other people's things, as well asproperty relationship is proprietary and absolute. It has several varieties that existed from the very beginning of the formation of civil law and the formation of civil law, which, respectively, is reflected in the current legislation. So, there are three main types of use of other people's things.

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

Two subsequent species is considered to beemphyteusis and superficies. Not very developed and consolidated institutions. They contribute to the inheritance of the very right that allows the use of another's property, that is, make it possible 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 after that they again fell into the draft amendments to this law. Also, they allocate the pledge right, which allows for the recovery of the thing that was given under the guarantee.

Notion of servitude

Every institution of civil and land lawhas its value and plays an important role in the regulation of social relations. The concept and types of servitudes, methods of their establishment and termination - all this at any time had proper regulation by the state. The need for this is great, because such relationships are most common. Plus, the very essence of modern society, and even that which existed in ancient Rome, requires consideration of such important points. So what is it?

Servitude is one type 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 is not entitled to carry out any manipulations with it, if he nevertheless burdened the property with a servitude, which, of course, is a significant moment in this matter.

Types of servitudes

The division of the right to use someone else's property, asIt was discussed above, very simple and specific. Four options that are currently in their own way lost their essence. Servitude as a type of this institute is also in turn subdivided into some varieties that took place both in the past and in the present period. So, define two categories of servitudes.

The first category is the premial servitudes. They are also often referred to as land. They are especially common and popular in civil society. The types of servitudes in land law are precisely limited to the prealities, which is quite logical and permissible. HCC RF regulates this issue in detail and contains all the necessary standards 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, used much less frequently, isthese are personal servitudes that imply that they belong to a particular person. The meaning of this division is that the subject in these categories is different. Hence the difference between them. In the first case, the right to other people's belongings belong exclusively to the person who owns the land plot as the owner, in the second - personally to some person.

Roman servitude law

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

So, if you pay attention to servitudes, then theywere very important elements of all law in ancient Rome. The only institution of this area that existed at that time was associated with land plots. That is, Rome knew only the predial servitudes, there was no other division. The right to other people's allotments in favor of another person allowed many to secure their lives at that time.

If we compare the current situation and the past, thentypes of servitudes in Roman law, of course, were significantly limited. It was not possible to use other property (besides land), which would belong to another person, being in property. Only plots could be the object of such an attitude, but this did not prevent the development of the institution in question for other subjects of such a transaction.

Land easement

The concept and types of servitudes in land law is nothingdo not differ from interpretations in other industries. In fact, everything is based on the findings of theorists. In fact, the peculiarity of these norms is only that they affect the regulation of relations exclusively related to their specificity. Land plots are currently the subject of many transactions, as well as disputes arising from a lack of awareness of their rights and the inability to protect and secure them.

The types of servitude in the landright. Photos of various plans and projects fix in themselves their examples. The RF LC establishes only public servitudes, which is also characteristic of other industries. This means that this right is provided by law and in no other way. In addition, the law provides for the possibility to apply the institution in question both for a permanent period and for a certain period of time, which is also a criterion for classification.

The legal basis of land servitudes is notwhich is nothing like the LC of the Russian Federation. In fact, this act does not fully regulate the issue under consideration. His articles cover every important issue in this area, but at the same time, he refers to specific provisions to the Civil Code, which, in turn, enshrines everything that is necessary.

The concept and types of servitudes in civil law

As you know, civil law is the basis of alljurisprudence. Not only civil law, but also other branches of the private sector depend on it. Today's existing society requires proper development of this industry, as it develops horizontally, excluding subordination and dependence. Studied institution is no exception. Types of servitudes in the civil law of the Russian Federation, their concept and other features are clearly regulated, as society demands.

If we talk about the Civil Code, then attention to thisThe institute is not paid much, despite its significance. The law regulates such relations only by general provisions, without dwelling on something concrete. However, types of servitudes in civil law are still present and fixed, namely, they are divided into public ones, which are established in accordance with the law and are also found in the Land Code of the Russian Federation and private ones.

In addition, as mentioned above, existedthe draft amendment, which envisaged not only a more complete settlement of servitudes, but also the introduction, or more precisely, the restoration of other types of similar rights, emphyteusis and superficies. At this stage it is worth paying attention to another act. The types of servitudes established by the Land Code of the Russian Federation are fully capable of settling all relations connected with 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 someone else's property

Using other people's property should always bebacked up by those or other actions enshrined in the law. Most often, this is a transaction, both unilateral and bilateral. Types of servitudes of the Russian Federation define several options that provide the basis for its acquisition. This issue is regulated by the civil legislation of the Russian Federation, as well as other federal laws.

So, there are several cases that giveright to use other people's property. The first option is when the owner voluntarily places an easement on a personal land plot. The reasons for this do not matter. The owner’s desire has put on and is the foundation. Types of servitudes play a role in this matter only when it is established public, 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 embodiment, servitude can only occur with inheritance. The testator may transfer the right to life for use to any of the successors, which will serve as the basis for its acquisition. And the third case, the most common of all. The conclusion of the contract. This is a bilateral agreement that takes into account all the conditions approved by each party.

Grounds for termination

HCC RF pays great attention toInstitute. Types of servitudes in land law have the most extensive coverage, suggest several classifications. And it is this act that fixes all the necessary conditions and grounds for the effect of the right to use other people's property to cease. These rules allow their distribution for any use of servitudes.

Land legislation in this matter againrefers to the Civil Code of the Russian Federation, which, in turn, provides a very brief and comprehensive justification for the termination of the servitude. 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 one that allows you to install it at will. Also, cancellation is possible in the case when the existing reasons for its establishment simply disappeared. For example, the death of property, in the case of a servitude - the site.

It is also possible to cancel the servitude in court.okay This is already considered a dispute between citizens, which is also a frequent phenomenon in civil relations. When establishing the right to use someone else's property, it is necessary to implement it only for the intended purpose, which is negotiated in the contract. If such a rule is not observed, then the person burdened with the servitude is entitled to go to the court, which will terminate it. Types of servitude have no meaning.

Protection of the right to use someone else's property

Not only the owner of the land has the rightgo to court to protect their rights and interests. There are cases when the ability to use your servitude is violated. The concept and types of this 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 second side of 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 legal strife. However, the most common and correct way is to file a lawsuit. Solving issues through the court guarantees a result that subsequently cannot be ignored, because it can be provided for the most serious responsibility.

In Rome, to protect the right to use someone else'sThe property applied absolute claims. Actually, currently 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 that which does not belong to him. Now this is called the award lawsuit, which applies to all disputes, with the exception of those that are aimed at establishing a particular fact.

Servitude value

Any institution that is part of that orother legal system plays an important role in its functioning. Any civil legal relations require special attention and regulation, as they are the most common of all and no less difficult and incomprehensible in some of their aspects. Most disputes arise precisely because of a lack of awareness of their interests and rights.

So what is the interest in the use of servitudes? There are a huge number of people who do not come to an agreement on land issues. Disputes can occur even because of a small tree that affects areas of several individuals. The types of servitudes established by the Land Code of the Russian Federation give rise to an especially large number of them. And precisely in order to avoid conflicts over the use of a particular object or passage through someone else's yard, servitudes are established.

Granting the right to use someone else'sproperty - a great discovery for property relations in general. Ownership in any of its forms has always played a large role and ranked first, but at present, use without the right of disposal has gained no less popularity. And that is why servitude is subject to such regulation by the legislator and is of great importance for the entire system of law.