Lawyer practicing real estate, construction and land law.
Easement on a land plot
According to current legislation, the right to use a plot of land owned by someone else can be exercised on the basis of an easement. In what cases may this document be needed? For example, when using a land plot not in full, to obtain the opportunity to implement a construction plan on part of the plot, etc. There are not infrequent cases when individuals use the right of easement to be able to conduct communications through their neighbor’s plot. In this article, we will consider in detail what an easement for a land plot is.
Features of obtaining the right to use a plot of land
So, as indicated above, a land easement is a legal basis for using someone else’s land for free or for a fee.
The main grounds for establishing a land easement are:
- Law.
- Contract.
- Court decision.
- Will.
In most cases, the legal basis for establishing an easement will be an agreement between the person who plans to receive it and the owner of the land plot. Please note: the law does not determine the form of a land easement agreement. Therefore, this document can be concluded in any form in compliance with the requirements of current civil legislation. The agreement must include a separate clause specifying the cost of using the land plot. Also among the important clauses:
- The procedure for paying the easement fee.
- The term of the easement obligations.
- Establishing liability for failure to fulfill obligations by one of the parties.
Please note: if, for example, the term of the agreement is not specified, it will be considered indefinite. The document regulating the state registration of an easement is the Law of Ukraine “On State Registration of Real Rights to Real Estate and Their Restrictions”.
If the parties have not reached an agreement on the establishment of an easement (both partial and full), the right of easement may arise on the basis of a court decision. In what format does this occur? The person initiating the establishment of an easement files a lawsuit with the local court, justifying the importance of obtaining an easement (for example, proving that full use of his own land plot is impossible without encumbering the neighbor’s land with an easement). The lawyers of our law firm “Prykhodko and Partners” will help prepare the appropriate lawsuit.
Another option is the establishment of a land easement by law. However, today it remains more theoretical. Analyzing the current Ukrainian legislation, we came to the conclusion that there are no cases when the right of easement would arise based solely on the law.
As for the establishment of an easement by will, this is a type of obtaining such a right in the form of a contract. How does this happen? After the testator dies, the person in respect of whom the easement is intended to be established performs a certain transaction – agrees to receive the easement. To do this, the person accepts the inheritance and takes steps to legalize it.
Establishment and termination of easement
Land easements can be divided into two groups: permanent and temporary.
- Permanent: the right under which one of the land plots serves another on a permanent basis.
At the same time, its ability to meet the relevant needs of the user (owner) of the property increases. Examples include the laying of a certain linear object by the owner of the plot through the adjacent one.
- Temporary: easements, which are based on the maintenance of land plots on a temporary basis.
For example, the owner of the main plot placed building materials on the neighboring plot to carry out repairs to real estate objects. After the construction is completed, the right of use is terminated.
Please note: a land easement cannot be alienated. This means that it cannot be considered as a subject of pledge, purchase and sale, etc. The prohibition on alienation is regulated by Article 2 of Article 101 of the Land Code of Ukraine.
Among the legal consequences of establishing the specified right is the encumbrance of a land plot, which is characterized as a serviceable one. That is, there is a certain restriction on the rights of the user or owner. At the same time, establishing an easement on land does not lead to the deprivation of the owner of such a plot of land of any of his legal rights. This means that the owner of the dominant plot receives the right only to limited use of someone else’s land.
Important: the right to obtain an easement requires state registration in the manner established for state registration of real estate.
Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer’s services for obtaining an easement for a land plot, fill out the form below.
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The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.
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- Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
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- Brovary district (the cities of Brovary, Berezan).
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- Obukhiv district (towns of Obukhiv, Boguslav,
- Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
- Fastiv district (the cities of Fastiv, Boyarka).
It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!
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Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.
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