Article 39.26. The procedure for concluding an agreement on the establishment of an easement in relation to a land plot located in state or municipal ownership

In accordance with current legislation, easement means the possibility of partial use of someone else's real estate.

When registering an easement, you will need to collect the following documents: an application, a receipt for payment of the state duty, a passport or constituent documents (for a legal entity) and documents of ownership of real estate or land.

To ensure that no controversial issues arise in the future between the parties to the easement agreement, it is worthwhile to spell out all the nuances as much as possible in the concluded agreement.

Namely:

Subject of the agreement. In this paragraph, you should write in full all the rights that are granted to the servitude in relation to someone else’s property (land plot). It is necessary to indicate information about the site (building, structure), which allows you to establish its exact location (cadastral number, address). If possible, it is necessary to mark on the plan of the encumbered property where exactly the easement will be implemented. In accordance with current legislation, a plan with a marked easement is an integral annex to the agreement;
Purposes of establishing an easement. This agreement is drawn up in cases where travel or passage is necessary, power lines and communications through someone else's property (land plot) or other needs that cannot be satisfied without the establishment of an easement. This type of agreement is concluded in exceptional cases when it is not possible to meet the existing needs of the property owner, however, this agreement should not cause inconvenience for the owner servicing the land plot (structure, building;
Methods of burdening. The contract must reflect its scope, all rights and obligations of the parties;
Pay. In current legislation there are two types of easements: paid and gratuitous. In the case when a fee is established, it must correspond to the material benefit that the owner could receive if the property were not encumbered by an easement (for example, renting out part of the property to third parties). The size of the fee is also greatly influenced by the purpose for which the easement is established. In the case of travel or passage, you need to take into account the fact of maintaining the road surface in a suitable condition, etc.;
A mandatory clause of the contract must be the responsibility of the parties;
Validity. In most cases, the easement is established indefinitely, but there are exceptions.

Rights and obligations of the servituary:

The right to use someone else’s property, observing all the conditions of the easement;
When the owner of the encumbered property changes, the easement has the right to preserve the easement;
The servitude cannot change the purpose of the object; all its rights are specified by scope;
The servitude’s responsibilities include registering the agreement with government agencies and paying all associated expenses;
Upon expiration of the contract, the easement is obliged to terminate the easement and register it with the authorized body.

Rights and obligations of the owner:

The owner is obliged to provide assistance in establishing an easement (to provide all the necessary documents for registration of this agreement);
The owner is obliged to ensure compliance with the terms of the easement agreement in a passive or active form. He must not take any action that might prevent the servitor from using the property;
The owner has the right to demand from the servitude timely payment for the use of the property in the amount determined by the terms of the agreement;
The owner has the right to demand termination of the easement if this is provided for by the legislation of the Russian Federation.

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Sample and contents of the document

Before drawing up the terms of the easement, it is necessary to understand that they are already prescribed in the Civil Code of the Russian Federation and supported by special acts. Therefore, in order to correctly prepare the document, it is advisable to immediately familiarize yourself with the rules of law and the rules for filling it out. You will see a sample drafting of an easement agreement for a land plot below. You can download a ready-made form (template) for free on the Internet.

A cap. It must be completed without fail, because it contains information about the parties to the agreement. It is important to take into account that if one of the parties nominated representatives during signing, then this fact must be indicated.
The purpose of drawing up an easement. All conditions for signing the document and further use of the land plot are indicated.
Financial questions. If the easement is not gratuitous, then the entire amount of payments under the easement, including the period and method of payment, should be indicated.
Rights and obligations of the parties. The information in this paragraph is based on the conditions of each situation separately. And if the parties disagree, they turn to legislation or to court.
Details: details of the participants signing the agreement.

Despite such open information about filling out this type of documentation, many citizens still face questions when writing it. After all, the content of the contract, therefore, the conditions specified in it, may be of a different nature and established in each case separately. It all depends on the terms of the transaction and the use of additional documentation, acts and court orders.

An example of this can be both the direct features of the easement object and its location. The terms of the agreement may also change depending on the information that will describe further actions for the use of the object or land plot. The law also provides only options for payment methods and terms. Often, residents deal with this issue on their own, and disputes arise only when one of the parties to the transaction fails to fulfill the obligations.

A common problem is calculating the cost of an easement. We have already talked about this, and you can familiarize yourself with the formulas in one of our articles. Detailed information is also available in the Civil and Land Codes of the Russian Federation.

Sample form of a land easement agreement

LLC “A”, hereinafter referred to as “Owner”, represented by ____________________, on the one hand, and OJSC “K”. represented by _________________, hereinafter referred to as the “Easement Owner”, on the other hand, entered into an agreement on the following:

I. Subject of the agreement

The owner grants the right to limited use of a land plot (part of a land plot) (hereinafter referred to as the plot) in favor of a land plot owned by the Owner of the easement on

the right _____________________________________________________________________ (name of the right) located at the address ___________________________________________________ (address of the land plot) and having the cadastral number _______________________________________

II. Characteristics of the land plot

2.1. The plot on which the easement is established is located at the address _____________________________________________________________________ (address of the land plot) and has a cadastral number ___________________________________________ 2.2. The site on which the easement is established belongs to the lands ______________________________________________________________________________ (land category) 2.3. Purpose of the site on which the easement is established ___________________________________________________________________________ 2.4. The area of the easement is ________________________________ ha. (area in words) 2.5. The easement boundary is shown on the easement boundary diagram attached to this agreement, which is an integral and integral part of this agreement. 2.6. The following are located on the site: a) ________________________________________________________________________ (buildings, structures) b) _________________________________________________________________________ (other real estate relevant for establishing an easement)

III. Purpose of the easement

The easement was established for passage and passage, for servicing a real estate property owned by OJSC "K", through a land plot owned by LLC "A" for carrying out the economic activities of OJSC "K"

IV. Rights and obligations of the Owner

4.1. The owner has the right:

exercise control over the use of the site transferred for limited use in accordance with the purposes of its provision;

suspend work carried out by the Owner of the easement in violation of current legislation or the terms of this agreement;

4.2. The owner is obliged:

provide the easement holder with a plot of land for limited use within 3 days from the date of state registration of the agreement;

provide the easement owner with the opportunity to use the site in accordance with the purposes of the easement;

V. Rights and obligations of the easement owner

5.1. The owner of the easement has the right:

use the site in accordance with the purpose and terms of the easement;

5.2. The owner of the easement is obliged:

not violate the rights of other land users and tenants, the established procedure for the use of water, forest and other natural resources;

quarterly, within the period ______________________________, pay a fee for the use of the site to the Owner’s bank account in the amount of 5 basic units;

comply, in accordance with the requirements of the relevant services, with the operating conditions of underground and above-ground communications, structures, roads, driveways, etc. and not interfere with their repair and maintenance, and reclaim the lands disturbed by them;

do not allow storage of goods within the boundaries of the easement;

prevent actions that lead to a deterioration in the quality characteristics of the site and the environmental situation;

perform other duties provided for by current legislation and arising from the essence of the obligation.

VI. Responsibility of the parties

6.1. In case of failure to pay the fee for the easement within the terms established by the contract, the Owner of the easement shall pay the Owner a penalty in the amount of _____% of the payment amount for each day of delay.

VII. Contract time

7.1. This agreement comes into force from the moment of its state registration in ____________________________________________________________ (indicate the name of the registration authority) 7.2. This agreement is concluded on ________________________________ (indicate the duration of the agreement)

VIII. Special terms of the agreement

8.1. Disputes arising during the execution of the contract are resolved in the manner established by the legislation of the Republic of Belarus.

8.2. Changing the terms of the contract, its termination and termination are permitted by agreement of the parties.

8.3. Any changes or additions to this agreement must be in writing and signed by both parties. All annexes to the agreement are its integral parts.

Appendix to the agreement: diagram of the boundaries of the easement.
Owner: Owner of the easement: Details ________________________ Details ________________________ __________________________________ __________________________________ address ____________________________ address ____________________________ Tel. (fax) _______________________ Tel. (fax) _______________________ ______________ ___________________ ______________ ___________________ signature, seal signature, seal ___________________ ____________________ (date) (date)

Conditions for establishing an easement

Any agreement on the establishment of a private easement in its list of conditions must include information such as:

Information about the individual cadastral number of the immovable property;
The registration number of the part of the land plot on which the encumbrance in the form of an easement is placed;
Information about restrictions, including the size of the occupied territory, its exact location, for what purposes it is imposed;
How the interested person or interested parties have the right to use the property;
Data about the parties to the agreement (passport or constituent documents for legal entities);
On what grounds is an easement issued?
Duration of the agreement (specific time frame or indication of perpetuity);
The amount of monetary compensation for the owner if the transaction is paid;
Responsibilities and rights of the interested party, in particular, what activities he can carry out in the specified territory, how and when he must pay (at a time or every month, quarter, year, etc.), maintenance, and other conditions agreed upon individually.

The list of terms of the agreement is always open in nature and may even include the hours from which time the user has the right to carry out the agreed activity. At the same time, we must not forget about thinking through ways to resolve possible conflicts and other situations.

Agreement on the establishment of a private easement of a land plot (urgent, paid)

AGREEMENT

on the establishment of a private easement of a land plot (urgent, paid)

____________ "___"__________ ____

__________, hereinafter referred to as the “Owner”, represented by ___________________, acting___ on the basis of _________________________, on the one hand, and ____________, hereinafter referred to as the “User”, represented by ___________________, acting___ on the basis of _________________________, on the other hand, have entered into this agreement on the following :

1. SUBJECT OF THE AGREEMENT

1.1. The Owner provides the User with ___________

___________________________________________________________________________

(indicate the basis on which the easement is established)

right of temporary limited use (hereinafter referred to as easement) of land

plot located at: _____________________, cadastral number

_____________________, the purpose of the land plot is _______________.

The land plot provided for the establishment of an easement,

belongs to the Owner by right of ownership on the basis of ______________

(indicate name and details

_______________________________________________.

document confirming ownership)

1.2. The easement is established in the interests of the User, who is the owner (owner on the right of lifelong inheritable possession or user on the right of permanent (perpetual) use) of a neighboring land plot, cadastral N __________, adjacent to the land plot of the Owner on the _________________________________ side.

Ownership right (right of lifelong inheritable ownership or right

permanent (perpetual) use) of the User on the land plot

confirmed by ____________________________________________________________

(indicate the name and details of the document confirming

_________________________________________.

User's right to a land plot)

1.3. The boundaries of the easement are determined in the cadastral passport of the land plot, which indicates the scope of the easement, which is an integral part of this agreement.

1.4. The easement is established for the period from “___”_______________ ____ to

"___"__________ ____ year (or _____________________________________________

(indicate an event in the future, upon occurrence

_________________________________________).

which easement must be terminated)

1.5. The easement comes into force after its registration in the Unified State Register of Rights to Real Estate and Transactions with It.

1.6. The responsibility for submitting (receiving) documents for state registration of the easement lies with __________ (Owner/User).

Expenses associated with state registration of the easement are borne by ___________ (Owner/User).

2. RESTRICTED USE PROCEDURE

2.1. Limited use (easement) of part of the Owner’s land plot is carried out by the User strictly within the boundaries defined in accordance with clause 1.3 of the agreement.

2.2. The implementation of the easement by the User occurs in the following order: _________________________________________________________.

2.3. Encumbering a part of a land plot with an easement does not deprive the Owner of the rights of ownership, use and disposal of this part or the building as a whole. The implementation of the easement by the User must be the least burdensome for the land plot of the Owner in respect of which it is established.

2.4. In case of transfer from the User of the right of ownership of his land plot to another person, the easement is transferred to such person simultaneously with the rights of ownership of the property.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The owner is obliged:

3.1.1. Provide the User with the opportunity to use the land plot belonging to him in the manner established by this agreement.

3.1.2. Carry out all the required actions to register the easement in the manner prescribed by law, including providing the necessary title and other documents.

3.2. The owner has the right to demand termination of the easement due to the disappearance of the grounds on which it was established.

3.3. The user is obliged:

3.3.1. Use the Owner's land plot in the manner established by Section 2 of this agreement, and in the least burdensome way for the Owner.

3.3.2. Timely pay the Owner a fee for the implementation of the easement under the terms of Section 4 of this agreement.

3.3.3. Carry out all the required actions to register the easement in the manner prescribed by law.

3.3.4. When the deadline (event) specified in clause 1.4 of the agreement occurs, terminate the easement and take all necessary actions to register its termination with the authorized body.

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4. FEE FOR servitude

4.1. The user, for the established easement of part of the land plot, pays the Owner a fee in the amount of ________ (____________________________) rubles.

4.2. Payment is made by the User monthly no later than the _____ day of the month in the following order: _______________________________________________.

4.3. The owner has the right to revise the amount of the fee for the easement as his own costs associated with maintenance increase, in the following order: ______________________________.

5. PROCEDURE FOR CONSIDERATION OF DISPUTES

5.1. The parties agreed to take all measures to resolve disagreements between them through negotiations.

5.2. If the parties do not reach mutual agreement, disputes are considered in accordance with the current legislation of the Russian Federation in court.

5.3. An easement cannot be an independent subject of purchase or sale, pledge, and cannot be transferred in any way to persons who are not the Owners/Users of the land plot to ensure the use of which the easement was established.

6. FORCE MAJEURE

6.1. A party is released from liability for partial or complete failure to fulfill obligations under this agreement if it proves that proper performance was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the present conditions.

6.2. If the circumstances specified in clause 6.1 occur, each party must immediately notify the other party about them in writing. The notice must contain information about the nature of the circumstances.

6.3. If a party does not send or untimely sends the notice provided for in clause 6.2, then it is obliged to compensate the second party for losses incurred by the second party.

6.4. In cases of the occurrence of the circumstances provided for in clause 6.1, the deadline for the party to fulfill its obligations under this agreement is postponed in proportion to the time during which these circumstances and their consequences apply.

6.5. If the circumstances listed in clause 6.1 and their consequences continue to apply for more than ____ months, the parties conduct additional negotiations to identify acceptable alternative ways of executing this agreement.

7. FINAL TERMS

7.1. The easement is preserved in the event of transfer of rights to the part that is encumbered by the easement to another person, as well as when the Owner enters into a lease agreement or otherwise encumbers it.

7.2. This agreement comes into force upon signature by the parties. The agreement is drawn up in three copies, one for each party and for the body carrying out state registration.

7.2. Applications:

1. A copy of the certificate of state registration of the Owner’s right to the property.

2. A copy of the certificate of state registration of the User’s right to the property.

3. Cadastral passport of the land plot.