Passage through someone else's territory to one's own. What to do if neighbors in the area are blocking the passage to the house? How much does it cost to register an easement on a land plot?

Implementation economic activity on land plots is largely due to the interaction between their rights holders. For example, quite often passage and passage to a specific land plot can only be provided through a neighboring (alien) land plot. In addition, at the expense of a neighboring plot of land, it is often necessary to supply various engineering communications(electricity, gas, etc.), ensure water supply and land reclamation. There are other needs of the owner of a land plot and other real estate, which he cannot provide without the use of a neighboring land plot or capital facility.

The above needs can be met by establishing easement- rights of limited use of someone else’s (neighboring) land plot.

Thus, the legal holder of a land plot (real estate property), in whose favor an easement is established, acquires the right to freely use the neighboring land plot (real estate property) to the extent necessary to satisfy his economic needs.

However, in practice, establishing an easement in relation to a neighboring land plot (real estate property) is a complex organizational and legal process. For example, it is not uncommon for owners land plots and objects capital construction abuse their right to establish an easement in relation to neighboring plots.

Thus, the acquisition of the right to use someone else’s land plot, as well as the protection of rights in relation to real estate that is encumbered by an easement, require qualified legal support.

In connection with the above, any person who needs to enter into a relationship to establish an easement must take into account the following.

1. Purposes and conditions for establishing an easement.

An easement can be established to ensure passage and passage through a neighboring land plot or other property, the laying and operation of power lines, communications and pipelines, water supply and land reclamation, construction, as well as other needs of the owner of real estate that cannot be provided without the establishment of an easement. .

An easement can be established in exceptional cases when the provision of this right is the only way to ensure only the necessary needs of the property owner, and does not create significant inconveniences for the owner of the servicing land plot.

2. Persons who have the right to demand the establishment of an easement.

The owner of a land plot or other real estate object has the right to apply for the establishment of an easement. In addition, owners of land plots on the basis of the right of lifelong inheritable possession or permanent perpetual use have the opportunity to demand the establishment of an easement.

Persons using real estate on the basis of any other rights (for example, rent) has no right to demand establishing an easement. However, their rights to travel and other needs can be protected by presenting requirements about not causing obstacles to the use of real estate belonging to them.

3. The procedure for encumbering real estate with an easement.

To encumber real estate with an easement, the legal holder of a land plot (a capital construction project) must offer the owner of the encumbered object to enter into an agreement on the establishment of an easement.

Under the terms of this agreement, the owner of the encumbered real estate undertakes, for a fee, to provide this property for the specific needs of the right holder of a neighboring land plot or real estate property. This agreement also contains conditions on the scope of the easement, the amount of payment for the easement, the rights and obligations of the parties, etc. From the moment of registration of this agreement in the Unified State Register, the easement is considered established, and the agreement on its establishment has entered into legal force.

If the copyright holder refuses to sign the easement agreement, or the parties have any disagreements regarding the terms of this agreement, the dispute over the establishment of the easement may be resolved in court.

In this case, the right to limited use of a land plot or other real estate is subject to registration in the Unified State Register on the basis of a court decision.

4. Amount of fee for placing an easement.

The person in whose favor the easement is established is in all cases obliged to transfer payment to the owner of the encumbered object.

The payment for the easement must be proportionate to the material benefit that this person could receive if the land plot were not encumbered by the easement (for example, the possible benefit from leasing part of the plot of land used for travel and passage to third parties). The amount of payment for an easement is also influenced by the nature and intensity of use of the land plot by the person in whose interests the easement is established.

Depending on the specific circumstances, it is also permissible to include in the fee for the right of travel and passage the costs of the owner of the encumbered area to create conditions for the exercise of the right of limited use of other people’s property, including the costs of ensuring security and access control, maintaining the road surface in proper technical condition and etc.

5. The difference between an easement and obligatory (contractual) relations between the right holders of real estate.

To ensure their economic needs, the right holders of neighboring land plots (real estate objects) may not resort to establishing an easement, and have the right to regulate their relations with an agreement for the provision of services for passage, passage, etc., and enter into other obligatory relations.

At the same time, the establishment of an easement provides more legal guarantees to the person in whose favor it is established. So, for example, the alienation of a land plot (real estate object) encumbered with a right of limited use (easement) is not grounds for termination of such a right. In addition, the amount of payment for the use of the easement is determined in accordance with clear procedures defined by the current regulations and sustainable judicial practice. Whereas, within the framework of obligatory relations, the owners of the encumbered objects often artificially inflate the fee for the use of the real estate they own.

It should be noted that the existence of any obligatory legal relationship between the parties does not exclude the possibility of establishing an easement. Those. If, for example, an agreement has already been concluded between the right holders of neighboring land plots for the passage through one plot to another, but this agreement is not registered in the Unified State Register as an agreement on the establishment of an easement, then the parties still have the right to regulate their relations precisely through the establishment of an easement.

6. Grounds for termination of the right to limited use of someone else’s land plot or real estate property.

Usually the easement is established indefinitely, although it can be established for a certain period. The right of limited use of someone else's land plot or other real estate object, established for a certain period, is terminated upon expiration of this period.

In other cases, the easement may be terminated:

by agreement of the owners of things associated with the easement;
when the circumstances that caused the need to establish an easement cease to exist at the request of any of the owners of the things bound by the easement;
if a land plot (real estate property) as a result of being encumbered with an easement cannot be used in accordance with the intended purpose of the plot, at the request of its owner.

7. Peculiarities of judicial proceedings on claims for the establishment of easements.

If there is a dispute between the rights holders of land plots of other real estate objects that prevents the signing of an easement agreement, the easement can be established in court.

During trial the person who applied for the establishment of an easement (the Plaintiff) will need to prove the impossibility of satisfying his needs in any other way except by granting him a limited right to use someone else’s land plot (real estate).

It must be taken into account that if there is a dispute about the establishment of an easement, the court is not bound by the parties’ arguments about the conditions of this easement. That is, the court has the right to independently determine optimal conditions easement, including the route of travel and passage, which would not only meet the interests of the plaintiff, but would also be the least burdensome for the owner of the servicing land plot. On certain issues of the terms of the easement, for example, on the issue of determining the proportionate fee for the easement, the court may order an expert examination.

In this regard, in some cases, the interests of the rights holders of neighboring land plots (real estate objects) will be most consistent with the extrajudicial procedure for concluding an agreement on the establishment of an easement.

8. Protection of the rights of the person whose real estate is encumbered by the easement.

In the process of carrying out economic activities on land plots (real estate objects), situations often arise when the right holders of real estate abuse their right to establish an easement.

For example, often these persons intend to conclude an easement agreement at a deliberately reduced price and offer other conditions for establishing an easement that are extremely unfavorable for the copyright holder of the encumbered object.

In such cases, it is in the interests of the legal owner of the land plot (real estate object) encumbered by the easement to consider disputes regarding the establishment of the easement in court.

So, for example, in order to determine an adequate fee for an easement, the specified person has the right to apply for the appointment of an examination in specialized appraisal organizations.

In addition, due to the current judicial practice Regardless of the plaintiff's demands, the courts must determine the least burdensome method for the defendant to establish the easement.

There are also other mechanisms for protecting the rights of the owner of property encumbered by an easement.

9. Features of establishing an easement at the request of state authorities or local government.

In a closed list of cases, an easement may be established in relation to a land plot for so-called public needs. At the same time, the owner of the encumbered object has the right to demand a proportionate payment for such an encumbrance only if the establishment of an easement for public needs leads to significant difficulties in the use of the land plot (real estate).

At the same time, if the establishment of a public easement leads to the impossibility of using the land plot, its right holder may demand seizure, including through redemption, of this land plot with compensation by the authority state power or organ local government who established an easement, damages or the provision of an equivalent land plot with compensation for losses.

An easement for public needs can be established exclusively for:

passage or passage through a land plot;
use of a land plot for the purpose of repairing utility, engineering, electrical and other lines and networks, as well as transport infrastructure facilities;
placement of boundary and geodetic signs and approaches to them on the land plot;
carrying out drainage work on the land plot;
water intake and watering place;
driving farm animals through a plot of land;
haymaking, grazing of farm animals in the prescribed manner on land plots within periods the duration of which corresponds to local conditions and customs;
use of land for hunting and fishing purposes;
temporary use of a land plot for the purpose of carrying out survey, research and other work;
free access to the coastal strip.

In other cases, the requirements of state bodies or local governments to establish an easement do not relate to public needs and are considered according to general rules, stated above.

Legal center "Regional Center" legal security» offers the following organizational, legal and consulting services for legal support of relations regarding the establishment of easements:

counseling (both oral and written), as well as comprehensive legal expertise land relations on the issue of encumbering land plots with easements;
full legal support for registration of relations on encumbering land plots (real estate objects) with easements;
protection of the rights of persons whose real estate is encumbered by an easement;
representing the interests of citizens and legal entities in courts of various instances.

Very often in gardening associations, dacha associations or ordinary private sectors, tense relations arise between neighbors. Often they develop into open sabotage of each other. One of the options for complicating the life of neighbors is to block access roads to a neighbor’s property with the help of garbage, equipment, or by including part of the public territory into the plot of one of the neighbors. Learn ways to deal with such behavior from your neighbors.

To adopt a legally correct method of dealing with neighbors, study the material regarding blocking the access routes to the house of one land owner to another.

Based on the data in Article 262 of the Civil Code of the Russian Federation, conclude that owners of plots of land should be able to get to their plot and house built within the boundaries of the land plot without complications or obstacles. In addition, citizens have the right to visit public areas without anyone’s permission and without restrictions on the time spent in such areas. Citizens can use natural objects located in public areas within the limits established by the law of the country.

Article 262 of the Civil Code of the Russian Federation is literally called “Land for public use. Access to the land plot."

Please note that this article regulates not only the right to use your own plot of land, but also public areas that cannot be blocked based on the desire of any citizen or group of persons. At the same time, the article refers to the right to use municipal territories where there are no restrictive equipment installed government agencies, and not just territories located within the PDO.

There are regulatory data on ensuring passages through the territory when carrying out work on land management of new land use objects and putting in order existing territories in accordance with the standards of Roszemkadastr.

Any plot of land in accordance with the category of land and VRZ is provided with a pedestrian passage, the width of which cannot be less than 1 meter, and a passage for motor vehicles, the width of which cannot be less than 3.5 meters.

Any land plot on which it is permitted to construct capital construction projects must be provided with a passage. In this case, the fact of the presence of constructed structures on a given site does not matter.

If the territory of public lands is not enough to provide full access to a plot of land, then access to the plot is ensured by drawing up a private easement.

Be aware that, on the basis of Federal Law No. 218, it is impossible to register a land plot if access to it is blocked by driving or passage. The state registration authority has the right to suspend the procedure for registering property rights in relation to a plot of land that is being formed or redistributed if unobstructed and permanent access to such a plot is not provided. State cadastral registration can be carried out by drawing up an easement in relation to a site deprived of direct access to the general territory.

It is not possible to register a plot of land or enter data into the cadastral register in relation to a plot that does not have access to a common territory. If access to a plot of land is blocked due to the fault of a neighbor, this is a direct violation of the legal rights of the owner of the land plot.

Federal Law No. 218 clearly states that when carrying out the procedure for clarifying the boundaries of plots, data for the formation of boundaries is entered from documents that are proof of the right to own and dispose of a plot of land. If the owner does not have title documentation for the land, then data on the boundaries is taken from documents drawn up during the formation of the land plot or territory that includes the plot of interest.

If there is no data about the site, there is no information about the boundaries of the territory, then the position of the boundaries of the land plot is fixed on the basis of the legal procedure for the formation of a land surveying project in accordance with the norms of urban planning legislation. If, when checking the territory surveying project, information about the site is not found, the actual boundaries of the land plot that have existed for 15 years are recognized as the boundaries.

At the same time, the boundaries are tied to objects of natural origin and to the site restrictions erected by the owners. Such restrictive landmarks can be trees, bushes, or a fence.

If neighbors block access to the site, then in accordance with Article 12 of the Civil Code of the Russian Federation these actions are considered a violation civil rights citizen. The protection of civil rights and freedoms can be achieved by restoring the conditions that were present before they were violated. All violations must be formulated and listed, actions that may lead to a violation of the right must also be indicated.

And on the basis of Article 304 of the Civil Code of the Russian Federation, any owner of property, including a land plot, has the right to demand the elimination of violations of his rights and the cessation of attempts to create a threat of violation of civil rights. It does not matter whether there was a violation of possession or damage to property.

If the boundaries of your neighbor’s plot are determined incorrectly, which prevents access to your own plot, feel free to file an application with the court in order to make changes to the cadastral register in relation to the plots of land in respect of which there were inaccuracies in land surveying. Often such situations can arise due to the seizure of PDO territory without the coordination of this action with the settlement administration.

The owner of a land plot, access to which has been blocked, defends his right by returning the previous boundaries of the plots that existed before the violation of his rights, while the injured owner himself was not deprived of property.

If the owner of a neighboring plot of land, at his own request, illegally seized part of the public land, then this cannot be a basis for restricting the right of movement on the common territory of any other neighbor. The movement of citizens in open municipal and state territories cannot be limited by private individuals.

Legal practice shows that there are a lot of clear-cut situations of obvious violation of the rights of one neighbor by another. However, there are situations when the owner of a land plot restores his rights within the boundaries of his own territory, while the rights of his neighbor are violated. In fact, in court it is necessary to sort out who is violating each other’s rights and what, and for this purpose the basic parameters of plots of land are determined.

Consider an example that will show the complexity of such situations and violations of the rights of neighbors. The owner of a neighboring plot decided to sell the plot of land and carried out the land surveying procedure with the involvement of land cadastre employees. After the survey was carried out, the boundaries of its territory were determined, which were subsequently surrounded by a fence in full compliance with legal norms.

At the same time, it turned out that the passage was closed for the neighbor; he could not get to his site due to the erected fence. It turns out that for many years the owner of the site to which the passage was blocked moved through someone else's territory without having the right to do so. In such a situation, it is useless to challenge the position of the boundaries determined by the cadastral engineer in the process of land surveying. It is necessary to try to establish an easement if the owner of an isolated plot of land cannot find another way to the site.

To resolve the current situation described above, it is possible for the owner of an isolated plot of land to file a negative claim in court (a claim the purpose of which is to identify all possible violations of property rights against the applicant). Since a citizen’s right to access a plot of land without obstacles has been violated, he has the right to try to restore his violated rights.

With such a development of events, it is necessary to demand in court the elimination of all events and situations that are the reasons for the violation of the applicant’s rights and complicate access to the territory of the land plot.

If your neighbor flatly refuses to cooperate and try to resolve the situation through an agreement, contact the administration or court to court made a decision on necessary and sufficient actions that could eliminate the problem of access to the land.

Application for a neighbor on a land plot

To draw up a statement to the district police officer, you need to write in free form the essence of the question and problem; you can use a sample to correctly fill out the form. If there is no desire or opportunity to make a written statement, the citizen can orally present all claims and the essence of the issue of violation of his rights to the employee internal organs police. In this case, the Ministry of Internal Affairs officer is obliged, according to the applicant, to draw up a detailed protocol, which, after drawing up, must be signed by the applicant.

A written statement drawn up independently by the applicant, or an oral statement recorded by the district police officer, is registered in the duty station so that it can be considered by employees of the Ministry of Internal Affairs.

A citizen’s application can be sent to the local inspector or to the head of the department of the Ministry of Internal Affairs. After the application is reviewed by the head of the internal affairs department, the application is sent back to the district police officer for further consideration.

In a statement to the police or district police officer, it is necessary to indicate only those facts that occurred. If there are witnesses to the events, they must be indicated in the statement.

After a detailed and consistent presentation of the situation requiring the intervention of internal affairs bodies, indicate in the text the measures that need to be taken against citizens who have violated the applicant’s rights. After drawing up the document, the date and signature of the applicant with a transcript are placed below the text.

To guarantee consideration of the application, it is possible to send it by letter to the department of the Ministry of Internal Affairs or deliver it in person and register it at the duty station, receiving a receipt indicating who accepted the application and at what time.

Please note that when drawing up an application for a neighbor on a land plot, you must enter the following data into the text:

On the top right is written the full name and position of the Ministry of Internal Affairs officer to whom the application is addressed;
Applicant’s passport details, personal data, contact details, actual residential address;
A statement of facts on the merits of the events that the applicant considers a violation of his rights. It is necessary to set out in detail all the facts, mention all persons who may be witnesses to the commission of offenses against the applicant;
The applicant must set out the requirements that, in his opinion, must be applied to the offender;
Put a date and signature with a legible transcript; if the handwriting is unreadable, the application may not be accepted.

Please keep in mind that applications to the police without the applicant indicating his or her identity will not be considered. Please note that the application is considered by an official depending on the seriousness of the material presented and the workload official. Expect that the maximum processing time for your application can be up to a month.

Know that making an appeal to the local police officer is the right of every citizen, which he has the right to use to protect his rights. Any actions of neighbors that violate the rights of a citizen are grounds for filing a statement with the police.

How to sue neighbors on a land plot

If an attempt to solve a problem with neighbors on a land plot by contacting the police is unsuccessful, you can file a statement of claim in court.

In this case, the statement must be drawn up by the person whose rights are being violated by neighbors on the land plot, and not by eyewitnesses or friends of the injured citizen.

Additionally, prepare the documents that must be submitted along with the claim:

Title documents for a plot of land;
Proof of payment of the state fee;
Cadastral passport for a plot of land;
Plan for the implementation of the land surveying procedure;
Expert opinion;
If claims and complaints were filed against neighbors with the administration or government authorities, then attach official responses to the complaints;
Visual material proving the illegality of the neighbors’ actions;
Additional documents.

Cost of compilation statement of claim in relation to neighbors is 300 rubles. Claims against neighbors on a land plot are usually considered within 60 days from the date of filing documents in court and longer.

In drawing your conclusion, remember that if you decide to file a police report against your neighbor, be prepared for the fact that he, in turn, may file a statement demanding that certain measures be taken against the initiator of the conflict. Before submitting an application to the Ministry of Internal Affairs against a neighbor, think about whether the neighbor has a reason to do the same in your direction.

The ability to legally use property owned by another person is called an easement. In some specific situations, a land plot acts as property. This right is legal, but has some restrictions.

You can use a land plot owned by someone else only within the framework of specific purposes, and within strictly defined limits. What needs to be done to establish an easement on a plot of land to ensure passage through this territory - we will find out in the article.

In order to freely move or drive vehicles through a specific plot of land, it is necessary to establish an easement of a public nature. This action is performed in order to meet the needs of citizens living in a given area or local authorities.

In order to use land owned by another person for any purpose, it is necessary to conclude an agreement with the owner, which will confirm the establishment of a private easement. This paper provides the opportunity to travel or pass through the territory, which is prescribed in one of the paragraphs of the document.

In this situation, it is necessary to indicate the subject of the agreement, which stipulates the establishment of the easement:

Personal data of both parties signing the agreement (full name) or name of legal entities;
The number under which the plot, which is the subject of this agreement, is entered in the cadastral register;
The most detailed description of the part of the land ownership that is planned to be used in accordance with the agreement;
A list of specific actions that will be performed in this territory;
All the grounds that gave rise to the agreement;
The validity period of the concluded agreement, or the clause that states the unlimited nature of the agreement being concluded;
The possibility of compensation for the granted right of use, prescribed by a separate provision in the concluded agreement.

It is also necessary to specify as precisely as possible the rights and obligations of the persons between whom this agreement is concluded. The owner of the plot should be aware that the easement agreement is an encumbrance on a plot of land that is privately owned. As a result, certain restrictions arise on the use of specific land ownership, including the transfer of rights to a plot of land. These points are mandatory specified in the concluded agreement.

Owners of different, but most often adjacent to each other, land plots can draw up such an agreement. One of the parties must have ownership of the plot, which, according to the concluded agreement, will be burdened with an easement (the owner of this plot is often called the land user).

The other party is the owner of the land, in whose favor an easement will be established on the plot that is the subject of the agreement (hereinafter he may be called the user or holder of the easement).

It will be useful to supplement the already specified information about land ownership (such as the name of the easement and its content, as well as data on land plots) with a cadastre plan on which the easement will be indicated.

When travel through the territory of land ownership is permitted, it is necessary to designate the road along which it will be carried out. Data about the trail marked on the map will make it possible in the future to avoid disagreements and conflicts that could be started by the owner of the easement, who claims that he does not know the boundaries of the territory that has come into his use.

The cost of establishing an easement rarely affects the conclusion of an agreement, since often a use agreement is concluded free of charge. According to the law, the owner of the encumbered land plot has the right to name the amount of money that must be paid in order for the easement agreement to be reached. But he may refrain from making this statement. The owner has the right to set a price, but is not obliged to perform this action.

It is best to write down the term and cost as separate clauses in the concluded contract. If these instructions are missing, the contract becomes of an open-ended and gratuitous nature.

Conditions for establishing an easement on a land plot

The encumbrance is established voluntarily, there is the possibility of payment corresponding to the size of the transaction, that is, the party further using the easement must compensate the owner of the plot for all expenses and losses caused by the alienation, as well as compensate for the benefits that can be derived from this land.

In addition, throughout the entire period for which the encumbrance agreement is concluded, the person holding the easement is responsible for the land plot and undertakes to maintain the property entrusted to him in proper form. The part of the territory covered by the easement can only be used for the purpose specified in the official agreement.

The owner of the plot, in turn, agrees that the territory provided within the framework of the concluded agreement can be freely used by the owner of the territory under the conditions specified in the agreement. He must respect the established boundary points and also remove all obstacles located in the vicinity of the encumbered part of the territory that might interfere with its use.

In this case it is prohibited:

Use land for purposes other than its intended purpose or go beyond the category;
Carry out actions leading to a decrease in soil fertility;
Harm the environment;
Seize land belonging to others.

Compliance with fire and sanitary safety requirements is mandatory.

How to establish an easement on a plot of land

If there is a need to formalize an easement on a neighboring plot in order to legally use it for any purpose, contact the owner of this plot. Further actions must be carried out in accordance with the instructions. Having discussed all the conditions under which it will be possible to use the lands of interest jointly, the parties must enter into a written agreement, formalized accordingly, which is also an agreement on the establishment of an easement.

The parties register in this document all legal issues that are important to them, in order to avoid the occurrence controversial situations, as well as to ensure that all obligations specified in the easement agreement are impeccably observed. It is necessary to take into account all the nuances of using the land in advance in order to clearly follow the prescribed conditions in the future, without going beyond them.

Register the easement with government authorities and enter information about the encumbrance in Rosreestr. To do this, it is necessary that the agreement be drawn up in accordance with the sample and signed by both parties.

An easement can only be registered with the relevant authority by receiving an extract from the decision made by a special administrative commission.

Contact the registrar who works at the local cadastral chamber office or cartography department, or at the MFC, and submit a package of papers confirming:

The identity of the parties who entered into the agreement;
Availability of permission issued by the administration to establish an easement;
The fact that one of the parties owns the site regarding which the agreement was concluded.

When accepting documents, a receipt is issued indicating the date when the paper confirming the registration of the easement will be issued. In most cases this occurs after 21 days.

How much does it cost to register an easement on a land plot?

When calculating the amount of a proportionate fee for establishing an easement on a certain territory, the type of encumbrance, the requirements of the land owner and the decision made by the relevant authority must be taken into account.

The parties to the agreement can independently determine the amount of money and stipulate it in the appropriate clause of the concluded agreement. In addition, the value may be reflected in the court decision.

If we talk about public easements, which are established to organize passage or passage through a specific territory, the amount of a proportionate fee for the use of a land plot can be recorded in official documents issued by the authority that establishes the encumbrance.

Actions carried out by local authorities are carried out free of charge. Payment is made only if, for permission controversial issues the parties will use the services of a third-party lawyer.

To draw up an agreement you will need to pay approximately 5,000-10,000 rubles. The specific price depends on the region where the plot is located and the qualifications of the lawyer dealing with this issue.

When submitting the agreement to the authorities involved in registering such transactions, pay the state fee. Its size is indicated in Article 333.33 of the Tax Code of the Russian Federation.

Since 2015, for the official registration of an easement you will have to pay:

Individuals - 2000 rubles;
Legal – 22,000 rubles.

One of the types of encumbrances that is established in relation to a land plot is. An easement can be established to solve a variety of problems, including providing access to a neighboring site.

What is an easement for access to a site: concept and legislative regulation

An easement can be established in relation to a land plot for the construction of utilities, the laying of power lines, the storage of building materials, installation, etc.

The installation of an easement is required if it is impossible to get to your plot by other means than through the territory of the neighboring plot. The right to demand the installation of an encumbrance is prescribed in Art. 274. Civil Code.

Terms and cost of registration of easement

A state duty is required for installing an easement on a land plot. Commission fee registration actions in Rosreestr is 1500 rubles.

The fee for conducting and drawing up a cadastral plan regarding the boundaries of the easement can be in the range of 15-30 thousand rubles.

If it is impossible to resolve the issue through conciliation, the parties are required to go to court. The state fee for filing a claim will be 300 rubles. The average training fee varies in the range of 5-10 thousand rubles. Legal support in court can cost 10-100 thousand rubles.

The person in whose favor the easement is established should not forget about the need of the owner of the site.

Thus, an easement for access to a neighboring plot of land is one of the most popular types of encumbrances. It can be established in the interests of a specific person or group of persons. Based on this, private and public easements are distinguished. A private easement can be established by contract or through court. Public – requires public hearings, on the basis of which a court decision is made.

Supreme Court The Russian Federation has summarized the practice of domestic courts on claims for the establishment of easements. Unfortunately, this word is too familiar to a considerable number of summer residents and gardeners. And for those who are lucky enough to not know what an easement is, let us explain: this is the right to use a driveway or passage through someone else’s land in order to get to one’s own acres.

In past times, when there were not so many garden plots, all dachas were built taking into account the fact that the owner could easily enter or drive into his plot. And the easement was something exotic, only a narrow circle of lawyers knew about it.

But over time, land plots owned by citizens and all kinds of legal entities became many times larger, and existing plots began to be divided or merged at incredible speed.

The heirs could split one plot into several and sell it.

Buyers could demolish an old house on their acres and build a new one in another place, so much so that it became problematic to drive up to it. Plus, in some regions, local authorities could sell a former field for a certain object in front of old summer cottages. The result is that the previous entrances to the sites disappeared under the excavator bucket. In general, there are so many options for establishing an easement that it is very difficult to list everything. As a result, in our courts, claims for the establishment of easements began to appear almost everywhere and in considerable numbers.

The easement is mentioned in the Civil and Land Codes. Thus, Article 274 of the Civil Code states that the owner of real estate has the right to demand from the owner of neighboring land, and sometimes from several owners of plots, to grant him the right of “limited use” of their plots. An easement is established in several cases: for passage or passage through a neighboring plot, for the construction or operation of linear facilities (gas, water, electricity, etc.) and for “other needs” of the property owner, who cannot do anything without an easement.

Is an easement required? No. Neighbors can come to an agreement. But if it doesn’t work out, then the problem will be solved by the court, which will establish an easement. You need to know that an easement is subject to registration, just as property rights are registered. But an easement is not necessarily a burden for the rest of your life. If the grounds on which it was established disappear, then the easement may be terminated (Article 276 of the Civil Code).

The Supreme Court of the Russian Federation, in its review, emphasized several main provisions that courts must take into account and implement, and citizens should know about them.

Thus, it is not necessary to establish an easement if passage or passage to an unauthorized building is required. As an example, the Supreme Court cited the decision of its colleagues in a similar dispute. A certain company demanded a lifetime easement through a summer resident’s plot for access to its newly constructed building, as stated in the lawsuit: “for the purpose of maintaining this building.” The court denied the businessmen, as it turned out that they had erected a huge capital facility on the site of an old warehouse without permission. But since they built the building without documents, they have no ownership rights to it. This means that there can be no question of any easement.

Another important provision that the Supreme Court drew attention to. An easement can be established only if the owner of the plot has no other way to get to his place other than through his neighbor’s plot. As an example, a dispute between two neighbors is given. One of them asked the court to establish an easement, since the road to his house goes through a neighboring plot. But the court found that the plaintiff’s house can be reached not necessarily through someone else’s land. There is another way. Yes, it is in poor condition, and it takes longer to travel along it, but since there is another way, then there is no need to cause any inconvenience to your neighbor.

Neighbors can come to an agreement. But if it doesn’t work out, then the problem will be solved by the court, which will establish an easement

There is another aspect that needs to be taken into account. If, after establishing an easement, the owner of the site through which the passage will be unable to use his land, the easement cannot be permitted. This situation arose in a dispute between a certain company and a citizen, on whose site there were utility networks, sewer pipes and a pumping station. All this farm was used by the company to service its facilities, so it asked for an indefinite easement of the neighboring plot. The consideration of the dispute in court showed that it was once one plot, which was divided and part was sold to the company. The owner of the second part has repeatedly asked businessmen to remove utility networks from their land.

The court found that this could have been done, but the company was stubborn. Now, the court decided, if the company is allowed an easement, then the owner of the land will actually not be able to use it and rejected the claim.

An easement is a paid pleasure for those who asked for it. The Supreme Court emphasized that the fee for the easement is established by the court based on “the principles of reasonableness and proportionality, the area and the period for establishing the easement.” This may be a one-time payment, or perhaps periodic payments. The Supreme Court also reminded that the fee for using an easement can be changed - increased or decreased. But this can only be done if the owner of the plot encumbered by the easement changes the scope of restrictions on his rights.

And the last point that the Supreme Court drew attention to in its review is that if the state real estate cadastre does not contain information about the plot encumbered by an easement, then this does not prevent the registration of the easement itself.