Is there an easement on your land? Are you the holder of an easement located on a neighboring property? But at the same time, you no longer need an easement? Clear. Now we will tell you how to remove an easement from a land plot.
ATTENTION : our lawyer for establishing a land easement in Yekaterinburg will also help with other legal issues: professionally and on time, call today!
Grounds for termination of a private land easement
Of course, it will not be possible to terminate an easement just like that, without grounds. Substantial reasons are needed. And for the owner of a plot encumbered with an easement, the grounds are as follows:
- Lack of grounds on which the easement was established
- The site can no longer be used for its intended purpose
- Violation of the rules established by the easement agreement
- Inappropriate use of a site encumbered with an easement
- Termination of payment for easement
- Significant deterioration of the condition of the land plot that is not subject to restoration, or in the event of the refusal of the subject of the easement to restore the plot at its own expense or on its own
This list of reasons is not exhaustive. In addition, for all of the above reasons, except the first, the easement will have to be terminated in court, in case of disagreement with the termination of the easement on the part of its user. At the same time, you should take into account that the occurrence of the above grounds will have to be proven.
Grounds for termination of public land easement
In order to terminate an easement established for public purposes, you need to understand the reasons for its cancellation.
Thus, a public easement can be canceled for the following reasons:
- The reasons why a public easement was established have disappeared
- The easement has expired
- Violation of the rules for establishing a public easement
- Inability to use the easement in accordance with the permitted type of use of the land plot on which such an easement is established
- Violation of the law by the user of the easement, within the framework of the activity for which such an easement was established
Grounds for termination of a public land easement established for special purposes
However, a public easement established for special purposes can be terminated before the period established by the agreement on the establishment of the easement. And the reasons are as follows:
- The land on which the easement is established has not been used for more than two years
- There is no payment for the use of easements
- In the event that the user himself refuses the easement
It is worth understanding that this list is not exhaustive. However, the presence of reasons not provided for by current legislation will have to be proven in court.
It is important to note that a lot of documentary evidence can only be obtained through legal or judicial requests, since the defendant is unlikely to agree to provide it to you voluntarily.
The concept of termination of easement. Grounds for termination of easement
Civil law regulates the termination of an easement, which consists of the termination of onerous obligations in relation to a specific land plot. This procedure is characterized by the termination of all terms of the agreement on the establishment of an easement, as well as the termination of the rights to limited use of plots that were granted to all parties to the agreement on the basis of the easement.
The legislative order provides several mechanisms for canceling an easement agreement. Accordingly, the participants in the easement agreement have the right to voluntarily terminate it if there is no need for third parties to use the territorial area owned by someone else.
To cancel the encumbrance on a land plot and terminate the land easement regime, serious grounds must arise. The legislation provides for the following grounds for terminating the right to limited use of someone else’s land plot (easement):
- The elimination of all the grounds on which the right of limited use of the land plot in favor of third parties was established.
Thus, there should be no need to ensure free passage or travel, the use of land and natural resources, the implementation of hay cutting and grazing and driving farm animals, a ban on hunting and fishing.
Also, the grounds for termination of the easement agreement are the completion of all work on the placement of state signs and entrances to them, the absence of the need to conduct research and archaeological work, the completion of repairs of communications, transport systems and the completion of drainage work;
- Changes in the qualities and condition of the land territory that became the object of the easement;
- The person in respect of whom the easement has been established does not use his right to limited use of the territory for more than two years;
- There was a unification in the hands of a single person of the rights to legal ownership and limited use of the land territory that is the object of the agreement;
- Alienation of a land plot that was provided to a citizen for permanent use on an indefinite basis to meet the needs of government agencies and municipal institutions of local self-government;
- The expiration date of the easement;
- The impossibility of full or partial use by the legal owner of his land territory in accordance with its intended purpose and established regime.
In this case, the owner of the territory may demand protection of his property rights in court. However, the citizen’s demands may not be satisfied if there are legal grounds for restricting the rights of the owner of the territory.
The basis of such restrictions is the need to protect constitutional rights and freedoms, morality and health, as well as the rights and interests of individuals, as well as the security of the country and the integrity of territorial borders;
- Termination of the agreement on granting the right to limited use of the site due to prescription;
- Violation of the terms of limited use of the land plot by the parties to the agreement.
The procedure for terminating a private land easement
In order for the owner of a land plot encumbered with an easement to terminate the easement, it is necessary:
- Submit an application requesting termination of the easement agreement
- Draw up an agreement to terminate the easement
- In case of refusal to draw up an agreement to terminate the easement, it is necessary to draw up and submit a statement of claim with the relevant requirements
- Submit an agreement to terminate the easement, or a corresponding court decision to Rosreestr
In order for the court to satisfy your demands to terminate the easement on your land plot, you must provide the court with the following documents:
- Passport, or passport and power of attorney of a representative
- Title and title documents
- Easement Agreement
- Cadastral passport of the encumbered land plot/technical plan
- Land management examination if your claim is based on the fact that the user of the easement has currently terminated the grounds on which the easement was established
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.
Agreement to terminate a private easement on land
Termination of the easement agreement is possible by mutual agreement or through the court. Has the user of the easement agreed to terminate the easement? Congratulations. Then we’ll look at how to draw up an agreement to terminate the easement of a land plot. It must indicate the following:
- Date and place of conclusion of the agreement
- Parties to the agreement
- Data on the easement object
- Obligations of the parties (usually the user of the easement goes to Rosreestr himself, stops registering the easement, and restores the land plot to its original position)
However, the obligations of the parties to terminate the easement, as a rule, duplicate the obligations of the parties to terminate the easement established by the agreement establishing the easement.
USEFUL : read about drawing up an agreement on establishing an easement on land by following the link on the website of AB “Katsailidi and Partners” by following the link
How to win a court case to remove a private easement from a land plot?
The easement user refused to terminate the easement? Don't worry, we will help you now. Here's the procedure:
- File a claim
- Submit it to court (note that jurisdiction must be correctly determined)
- Prove the existence of grounds for termination of the easement
- If you win, submit an application to Rosreestr (do not forget to attach a copy of the court decision to the application)
In order to win the court, you need to correctly state the factual circumstances, namely the absence of grounds for the existence of an easement on your land plot. Then prove them correctly, with the help of the regulatory framework of legislation, examinations, and witnesses.
However, keep in mind that this category of disputes is not simple. Some nuances require special legal knowledge.
USEFUL : order a claim in court from our land lawyer to have guarantees that the application will be accepted by the judge
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Consequences of termination of a private land easement
The consequences are as follows:
- The user is deprived of the right to use your land plot
- You will not be charged for this use.
- It should be noted that if there is a legal dispute, it will often be impossible to re-negotiate the establishment of an easement. However, if the easement is terminated by agreement of the parties, and subsequently grounds arise for re-establishing the easement, no one will prevent you
However, it is worth keeping in mind that often the process of terminating an easement gives rise to a dispute between the parties. Trials begin, in which only those who are better and more correctly prepared for them win.
In this regard, the lawyers of the Law Office “Katsailidi and Partners” are ready to help not only with advice, but also with action in any situation.
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