Establishment of an easement in relation to a land plot owned by the state or municipal property

General Provisions

Basis for Establishing a Servitude on Land Owned by the State or Municipal Property

According to Article 39.23 of the Land Code of the Russian Federation, an agreement on establishing a servitude in relation to land plots owned by the state or municipal property is concluded in cases provided for by civil legislation, this Code, other federal laws, and, in particular, in the following cases:

• placement of linear objects, communication structures, special information signs, and protective structures that do not hinder the permitted use of the land plot;
• carrying out survey works;
• conducting activities related to the use of subsoil.

Parties concluding agreements on establishing a servitude in relation to land plots owned by the state or municipal property

According to Article 39.24, if a land plot owned by the state or municipal property is provided for perpetual (indefinite) use, life tenure with inheritance rights, or for lease or gratuitous use for a period exceeding one year, an agreement on establishing a servitude is concluded by the land user, landowner, or lessee of the land plot. In this case, written consent from the authorized body to conclude such an agreement is not required unless otherwise provided in this article or in the lease agreement or gratuitous use agreement.

If a land plot owned by the state or municipal property is provided for perpetual (indefinite) use or for lease to a state or municipal unitary enterprise, state or municipal institution, an agreement on establishing a servitude is concluded with the written consent of the federal executive authority, executive authority of a subject of the Russian Federation, or local self-government body responsible for these enterprises and institutions.

The land user, landowner, or lessee who has concluded an agreement on establishing a servitude in relation to such a land plot must notify the authorized body about the conclusion of this agreement within ten days from the date of its conclusion.

A lessee or land user who has been granted a land plot under a gratuitous use right may conclude an agreement on establishing a servitude for a period not exceeding the term of the lease agreement or gratuitous use agreement for the land plot.

From the day of early termination of the lease agreement or gratuitous use agreement for the land plot, the effect of the servitude agreement concluded by the lessee or land user in relation to such a land plot ceases.

An agreement on establishing a servitude in relation to a land plot owned by the state or municipal property

According to Article 39.25, an agreement on establishing a servitude in relation to a land plot owned by the state or municipal property must include:

• the cadastral number of the land plot in relation to which the servitude is intended to be established;
• the accounting number of part of the land plot for which the servitude is established, except in cases where the servitude is established on the entire land plot or as provided in paragraph 4 of this article;
• information about the parties to the agreement;
• objectives and grounds for establishing the servitude;
• the term of the servitude;
• the amount of payment determined according to paragraph 2 of this article;
• the right of the person in whose interest the servitude is established to carry out activities aimed at ensuring the establishment of the servitude;
• the obligation of the person in whose interest the servitude is established to pay under the agreement;
• the obligation of the person in whose interest the servitude is established, after the termination of the servitude, to restore the land plot to a condition suitable for its use in accordance with the permitted use.

If otherwise not provided by federal laws, payment under an agreement on establishing a servitude in relation to land plots owned by the state or municipal property is determined as follows:

• in the manner established by the Government of the Russian Federation for land plots owned by the federal government;
• in the manner established by the executive authority of a subject of the Russian Federation for land plots owned by subjects of the Russian Federation and for land plots with undivided state ownership;
• in the manner established by the local self-government body for land plots owned by municipal property.

The payment under an agreement on establishing a servitude in relation to a land plot owned by the state or municipal property is paid to the land user, landowner, or lessee of the land plot with whom the agreement on establishing the servitude has been concluded, except for cases provided in this paragraph.

In the case where an agreement on establishing a servitude is concluded with an authorized body, state or municipal enterprise, or state or municipal institution, the payment under this agreement is paid and credited to the corresponding budgets of the budgetary system of the Russian Federation.

If an agreement on establishing a servitude in relation to a land plot owned by the state or municipal property is concluded for a period up to three years, it is permissible by mutual agreement to establish the servitude in relation to part of such a land plot without conducting works that would prepare documents containing necessary information for the state cadastral registration of the part of the land plot on which the servitude is established, without carrying out the state cadastral registration of this part of the land plot and without registering the restriction (encumbrance) arising from establishing the servitude. In such cases, the boundary of the servitude's effect is determined in accordance with the attached to the agreement on establishing the servitude scheme of the servitude boundaries on the cadastral plan of the territory.

Procedure for Concluding an Agreement on Establishing a Servitude in Relation to Land Plots Owned by the State or Municipal Property

According to Article 39.26 of the Land Code of the Russian Federation, if an agreement on establishing a servitude is concluded with an authorized body, an interested party submits an application for concluding an agreement on establishing a servitude to the authorized body along with a scheme of the servitude boundaries on the cadastral plan of the territory. The application for concluding an agreement on establishing a servitude must specify the objective and the anticipated term of the servitude.

If the application for concluding an agreement on establishing a servitude provides for establishing a servitude in relation to the entire land plot, attaching a scheme of the servitude boundaries on the cadastral plan of the territory to this application is not required.

The application and attached documents mentioned in paragraph 1 of Article 39.26 of the Land Code of the Russian Federation may be submitted by the applicant in written form or as electronic documents in accordance with the procedures established for submitting applications for granting land plots.

The authorized body must perform one of the following actions within thirty days from the date of receiving the application mentioned in paragraph 1 of this article:

• send the applicant a notice on the possibility of concluding an agreement on establishing a servitude within the boundaries proposed by the applicant;
• send the applicant a proposal to conclude an agreement on establishing a servitude within other boundaries along with a scheme of the servitude boundaries on the cadastral plan of the territory;
• send the applicant signed copies of the draft agreement on establishing a servitude by the authorized body in cases where the application mentioned in paragraph 1 of this article provides for establishing a servitude in relation to the entire land plot, or in cases provided in paragraph 4 of Article 39.25 of the Land Code of the Russian Federation;
• make a decision to refuse establishing the servitude and send this decision to the applicant specifying the grounds for such refusal.

The authorized body makes a decision to refuse establishing the servitude in the following cases:

• the application for establishing the servitude is submitted to an executive authority or local self-government body that is not entitled to conclude an agreement on establishing a servitude;
• the planned use of the land plot under the conditions of the servitude is not permitted in accordance with federal laws;
• establishing the servitude will make it impossible to use the land plot in accordance with its permitted use or cause significant difficulties in using the land plot.

The person who has received a notice on the possibility of concluding an agreement on establishing a servitude or a proposal to conclude an agreement on establishing a servitude within other boundaries ensures the conduct of works that prepare documents containing necessary information for state cadastral registration of the part of the land plot in relation to which the servitude is established and applies for the state cadastral registration of this part of the land plot, except in cases where the servitude is established on the entire land plot or as provided in paragraph 4 of Article 39.25 of this Code.

Within thirty days from the date of submission by the applicant to the authorized body of a notice about the state cadastral registration of parts of land plots in relation to which the servitude is established, the authorized body sends the applicant three copies of the agreement on establishing the servitude signed by the authorized body. The applicant must sign the specified agreement no later than thirty days from the date of its receipt.

6) passage of agricultural animals through the land plot;

7) mowing of grass and grazing of agricultural animals in accordance with established procedures on land plots during periods and for durations corresponding to local conditions and customs;

8) use of the land plot for hunting, fishing, aquaculture (fish farming);

9) temporary use of the land plot for conducting surveying, research, and other works.

A servitude may be time-limited or perpetual.

The term of establishing a public servitude in relation to a land plot located within the boundaries of lands reserved for state or municipal needs cannot exceed the reservation period of such lands.

Exercise of the servitude must be least burdensome for the land plot in relation to which it is established.

The owner of a land plot burdened by a servitude has the right to demand proportionate payment from persons in whose interest the servitude is established, unless otherwise provided by federal laws.

In cases where establishing a public servitude causes significant difficulties in using the land plot, its owner has the right to demand proportionate payment from the state executive authority or local self-government body that established the public servitude.

Persons whose rights and legitimate interests are affected by the establishment of a public servitude may protect their rights through judicial proceedings.

Servitudes must be subject to state registration in accordance with the Federal Law "On State Registration of Rights to Real Estate and Transactions Therein."

The procedure, conditions, and cases for establishing servitudes on land plots within the boundaries of road corridors for laying, relocating, reconstructing engineering communications, their operation, as well as for constructing, reconstructing, capital repairs of road service facilities, their operation, placement, and operation of advertising structures are established by Federal Law No. 257-FZ of November 8, 2007 "On Automobile Roads and on Road Activities in the Russian Federation and on Amending Certain Legislative Acts of the Russian Federation."