Legal encyclopedia. Letter C

SERVITUT

- the right of limited use of foreign land plots that can be installed to ensure passage and passage through a neighboring section, laying and operation of power lines, communications and pipelines, providing water supply, as well as for other needs of the owner of real estate that can not be secured without establishing FROM.

C. is established by agreement between the person who requires the establishment of S., and the owner of the land, and in some cases, if the agreement is not reached, by the court.

The owner of a plot encumbered by S. has the right to demand from the persons using S. a commensurate fee for the use of the plot. When the grounds for the use of S. cease, it can be terminated at the request of the owner of the site, and when the rights to a land plot that is burdened by S. are transferred to another person, S. remains.

The legislation establishes the right of following with respect to S., therefore, in the case of the transfer of rights to a land plot, encumbered with S., to another person, S. persists. It also provides for the encumbrance of S. buildings, structures and other real estate, the limited use of which is necessary outside the connection with the use of the land.

C. are divided into:

1) private - S., providing the interests of one person or a small group of persons (for example, passage or passage through a neighboring section);

2) public S. - S., providing the interests of society (for example, laying the power line).

Private S. is established in accordance with civil law, and public law or other regulatory legal act of the Russian Federation, the regulatory legal act of the subject of the Russian Federation, the regulatory legal act of the local government in cases where it is necessary to ensure the interests of the state, local government or local Without the withdrawal of land. The establishment of a public institution is carried out taking into account the results of public hearings. The established S. may be urgent or permanent.