How to execute the easement

A public easement is established by law or a normative act in cases where it is necessary for the state or municipal interests. The initiator of these actions is the state. Its establishment is carried out taking into account results of public hearings in the cases listed in article 23 of the Land code. So if you found out that your site are going to place an easement, check the list of cases, whether the establishment of an easement in your situation.

You'll need to conclude an agreement on the easement between the property owner and the person in whose favor the servitude has been established (by the state). It should reflect the area under the easement, the period, the fee (if it is paid). In the presence of such agreement the state registration of the servitude is held at the request of state bodies. You as the owner of the site will need to submit a copy of the identity document and a copy of the administrative act on establishment of easement in the Russian state register. From a legal entity will be required of constituent documents, certificates on registration and INN assignment. After registering, a public easement can be considered a feature.

By law, the owner of the property may require the owner of a neighbouring property the establishment of a private easement for the passage, travel expenses, exploitation your object. The servitude may be established also for the laying and operation of transmission lines, communications, pipelines, and other needs of the property owner, if can not be ensured without establishing a servitude. So first of all make sure that you don't have any other possibility of the passage (passage, etc.) to its object, except through adjacent property. Otherwise by law to establish private easement you are not supposed to.

If you all the same decided to establish a private easement, you will also need to conclude an agreement on it. Then you make a statement on the state registration of the easement and submit it to the bodies of Rosreestr, along with the agreement, the cadastral passport and cadastral plan of the land plot. The parties will also need to submit identity documents, or articles of incorporation. Upon completion of registration, the easement can be considered an established and properly designed.