Termination of easement on a land plot in 2022: grounds, procedure

What is an easement and its types

It is a special form of use of real estate, which is established in order to ensure the normalization of the living conditions of a person who owns areas whose location is significantly worse than adjacent plots. The restriction applies to part of the area for the possibility of use by the interested entity. Such actions are provided for in Art. 23 of the Land Code of the Russian Federation. The limit can be set:

By agreement of the participants - when both parties are satisfied with the established conditions for the use of land;
By court decision - determined when one of the participants appeals due to objections to the proposed conditions;
In the manner determined by regulatory enactments, the need to use the territory by the municipality and other government agencies and institutions.

In fact, this means that the owner of the plot accepts restrictions on the use of part of his personal property in favor of another landowner. He can do this voluntarily if there are the following reasons:

Another subject is forced to use his land by external reasons;
The damage from the established restrictions is insignificant for the owner;
A certain amount of money is transferred to the owner to pay off the obligations.

With the signing of the agreement or delivery of the relevant court order, the applicant is the owner of the easement. At the same time, he gets the opportunity to use part of someone else’s property; any other property claims cannot be considered.

There are two types of easements:

Private. Restrictions are applied if adjacent landowners are interested in the normal use of land real estate;
Public. They are established by the state in order to normalize the living conditions of the population of the municipality.

Reasons for occurrence

An easement is the right to limited use of someone else’s land. The grounds for its occurrence are regulated by Article 274 of the Civil Code and Article 23 of the Land Code of the Russian Federation.

The basis for the emergence of an easement may be the signing of a law, a regulatory act of the Russian Federation, or a decision of local government bodies. A public easement is always established taking into account public hearings.

An easement can be established to carry out the following actions on a land plot:

repair of transport infrastructure, utilities, engineering, and electrical networks;
carrying out drainage works;
installation of boundary signs;
carrying out research and survey work;
passage of farm animals;
abstraction of water resources;
ensuring passage or passage through the site for other citizens.

We talked in more detail about what constitutes the basis for the establishment of an easement in a separate article, and you can read about the procedure for establishing it here.

Legislative regulation

The main laws regulating the termination of easements are the Civil and Land Codes of Russia.
They contain comprehensive grounds for the procedure, rules for lifting the encumbrance, voluntary and judicial procedures for lifting restrictions. The Code of Civil Procedure of the Russian Federation regulates the process of canceling an easement if it occurs through judicial proceedings. It establishes the obligation to file a claim and provide additional documentation as evidence necessary to fully resolve the conflict.

Considering that the imposition of encumbrances and their cancellation must be registered in the manner prescribed by law, this procedure is regulated by the Federal Law “On Real Estate Registration”.

Let's sum it up

A private easement can be removed by agreement between the parties and by court. A public easement is removed by decision of authorized state and municipal bodies, and also by court.

If the easement had an expiration date, then the encumbrance is terminated without the participation of interested parties.

All circumstances under which the owner of the plot has the right to demand termination of the easement are established by law.

Read: How to privatize land under a garage in 2021

Grounds for cancellation of easement

In addition to lifting restrictions for natural reasons, they may also be lifted due to the emergence of other conditions. Such powers arise for the owner of the encumbered object in the event of non-compliance with his property rights. This applies to:

Damage to the fertile layer of the earth;
Destruction of the natural environment;
Failure to comply with sanitary and environmental standards;
Carrying out unauthorized work;
Violation of the boundary lines of a land property transferred for use;
Failure to pay for the encumbrance.

Guided by Article 12 of the Civil Code of the Russian Federation and Art. 60 of the Land Code of the Russian Federation, the owner may demand payment of compensation for property damage caused by an unscrupulous owner in whose favor restrictions have been established.

In addition, the reason for removing the encumbrance may be the disappearance of the original requirements that became the basis for its establishment. These may be cases where opportunities arise to solve the assigned problems that do not require continued restrictions on the use of land.

Termination of easement on land

In fact, this is the termination of the existing encumbrance on land property, which was established to ensure the normal exploitation of adjacent areas of land. If a public easement is cancelled, it is assumed that the use of other people’s lands will cease for purposes aimed at improving the quality of life of residents of a particular administrative entity or several.

Article 276 of the Civil Code of the Russian Federation and Art. 48 of the Land Code of the Russian Federation defines the grounds upon the occurrence of which the easement is cancelled.

Cancellation of an easement on a land plot can be carried out when appropriate reasons arise. Its initiator can be the owner of a land object with restrictions in use and the persons who were the founders of the established easement.

The procedure for terminating different types of easements differs not only in the actions carried out, but also in the evidence base used as grounds.

Private may be canceled due to:

Loss of relevance of the grounds in connection with which it appeared (when, without using the allotment, it was possible to achieve the results for which the encumbrances were established, and the need for it disappeared);
It is impossible to use the encumbered object for its intended purpose.

Cancellation of a private obligation by agreement of the participants is the simplest way to remove restrictions. During the procedure, the need to confirm your authority is reduced to zero, and the terminated agreement can only be registered.

The impossibility of reaching a mutual decision between the parties entails unilateral termination of the agreement on the establishment of encumbrances. In this case, the initiator must go to court to justify his rights to the full use of land property. But the grounds on which contractual legal relations can be terminated must be preserved and comply with the requirements of the law.

A public easement can only be canceled unilaterally, since the decision to impose an encumbrance is made by government agencies. It must also be registered with the appropriate service.

Regardless of the type of easement, if one of the parties disagrees with its cancellation, the process can be carried out during court hearings. The grounds for its termination do not change in any case.

Methods for canceling an easement

The possibility of removing encumbrances can be done in two ways:

By mutual agreement. The process takes place in several stages and is as follows:

Determination of circumstances entailing the possibility of canceling the current encumbrance. This can be done by the party interested in its removal and by both participants;
Concluding a separate agreement on termination of the easement. The document must contain information about the owner and holder of the easement, reasons for establishing the encumbrance, information about the site, grounds for cancellation of the easement, and be signed by both parties. It will become the determining factor that served as the basis for registration of a legally significant fact;
Appeal to the authorized body with an application to lift restrictions. They are the Departments and Committees of Land and Property Relations of the administrations of municipalities or constituent entities of the country. In addition to the application, documentation certifying the legality of the stated requirements is submitted. They may be a plan for the operation of the encumbered facility, confirming the impossibility of its use for its intended purpose, or evidence that the use of the territory is no longer necessary. After their submission, within 10 days, employees of the institution check the submitted papers and review them by the head. Within no more than thirty days, an appropriate decision must be made and a resolution prepared;
Carrying out registration actions to cancel established restrictions with obtaining the corresponding extract from the Unified State Register. They are produced in Rosreestr no later than 10 days after signing contractual obligations or receiving a resolution, and a corresponding entry is made in the register of rights. The extract issued at the end of the procedure can be used as evidence indicating the nullity of third party claims for actions related to the use of the easement.

Termination of the agreement in court. If it is impossible to agree on the removal of encumbrances by agreement, you will have to go through the following stages of resolving the issue:

Pre-trial settlement of disputes. To do this, you will need to draw up a written notification to the other party about the disappearance of the reasons for which the encumbrances were established. The document is sent by post with notification of its receipt;
Preparation of a statement determining the possibility of terminating restrictions. It is drawn up by the person initiating the cancellation of the encumbrance;
Filing a claim with the courts, attaching documentation that serves as evidence confirming the possibility of canceling the easement;
Consideration of the case on its merits, during which the information presented is studied and analyzed. Adjudication;
Concluding an additional document on the termination of the contract to establish encumbrances or using a court order to terminate the contractual relationship;
The procedure for registering the lifting of restrictions on the basis of a signed agreement or a decision of a judicial authority.

Forcibly

Cancellation of an agreement is also possible in a situation where one of the parties refuses to do so voluntarily.

Only a court decision becomes the basis for compulsory termination of the easement. In this case, the party requesting termination will need to:

prepare a claim for termination and submit it to the court based on the location of the disputed territory;
supplement the claim with an agreement between the parties on the use of the territory;
attach documents on registration in the Unified State Register of Real Estate;
provide evidence of the inability to use the site;
plaintiff's passport.

In such a situation, a court decision allowing termination of the easement becomes only the impossibility of the person who applied for the decision to use the land plot, passage or driveway to it, which has been proven in court .

Important: only those issues of land use are resolved by force when such a decision becomes the only possibility of preserving the property and civil rights of the plaintiff.

Read other useful materials from our specialists on how fees for easements are established and collected, as well as how to write a statement of claim for establishing an easement.

Incurring expenses when withdrawing limited rights of use

The termination of the encumbrance results in certain expenses, since such a process relates to the performance of legally significant activities. The main expense will be the payment of the state fee for completing the registration process. Depending on the holding entity - a citizen or an organization - the amount can range from 500 to 2000 rubles.

If preparing an application and the necessary documents requires contacting specialists with appropriate training, or a notary, expenses may range from 2,000 to 15,000 rubles, depending on the type of restrictions.