Establishment and Implementation of the Right of Limited Use of Another's Land Plot (Easement): Some Problems of Theory and Practice

Abstract

The article analyzes the legal regulation of one of the types of limited real rights to land – easement. Particular attention is paid to the Concept of development of civil legislation of the Russian Federation of 2009, which involves a number of innovations relating to easement. The study allowed the author to formulate a number of conclusions. In particular, it is proposed to fix in the Civil code a fundamentally important rule on the establishment of easement on the terms least burdensome for the use of land in accordance with its intended purpose and permitted use; it is proposed as a general rule to make the easement paid, while the gratuitous easement may be established by agreement of the parties. Considering one of the difficult issues in establishing easement in court – the question of determining the amount of payment for the use of another's land – the author says about the need to clarify at the level of the law criteria for determining the proportionality of fees for the use of another's land, as well as the development of a detailed mechanism for its calculation.