Establishment of a servitude over a land plot that is state or municipally owned

General Provisions

Grounds for establishing a servitude over a land plot owned by the state or municipality

According to Article 39.23 of the Land Code of the Russian Federation, an agreement on establishing a servitude over a land plot owned by the state or municipality 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;
• conducting survey works;
• carrying out work related to the use of subsoil resources.

Persons concluding agreements on the establishment of servitudes with respect to a land plot owned by the state or municipality

According to Article 39.24, in the event that a land plot owned by the state or municipality is provided for perpetual (indefinite) use, life-long inheritable ownership, or leased or used without charge for a period exceeding one year, an agreement on the establishment of an easement is concluded by the land user, landowner, lessee

of the land plot. In this case, written consent from the authorized body to conclusion of such an agreement is not required, unless otherwise provided by this article or by the lease agreement or the gratuitous use agreement.

In the event that a land plot, which is in state or municipal ownership, is provided for permanent (indefinite) use or lease to a state or municipal unitary enterprise, a state or municipal institution, an agreement on the establishment of an easement shall be concluded upon the presence of written consent from the federal executive authority, the executive authority of a subject of the Russian Federation, or the local self-government body, in

in which these enterprise, institution are conducted.

Land user, landowner, lessee of the land plot, who have concluded agreement on establishing a servitude over such land plot, are obliged within ten days from the date of conclusion of the said agreement to send a notice regarding the conclusion of the said agreement to the authorized body.

The lessee or land user who has been granted a land plot on the right of gratuitous use is entitled to enter into an agreement on the establishment of a servitude for a period not exceeding the term of the lease agreement for the land plot or the agreement on the gratuitous use of the land plot.

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

Agreement on the establishment of a servitude in relation to a land plot owned by the state or municipality

According to Article 39.25, an agreement on the establishment of a servitude in relation to a land plot owned by the state or municipality must include:

• cadastral number of the land plot, in relation to which a servitude is intended to be established;
• accounting number of part of the land plot, applicable to which a servitude is established, excluding the case of establishing a servitude over the entire land plot or the case provided for in paragraph 4 of this article;
• information on

parties to the agreement;

• purpose and grounds for establishing the servitude;
• term of the servitude;
• amount of the fee determined in accordance with paragraph 2 of this article;
• rights of the person, in whose interest the servitude is established, to carry out activity, for the purpose of ensuring which the servitude is established;
• obligation of the [person](/enc/31941/ "Definition of the term 'Person' in the legal

"encyclopedias"), in whose interest the servitude has been established, to make payment by agreement;

• the obligation of the person, in whose interest the servitude has been established, after termination of the servitude to restore the land plot to a condition suitable for its use in accordance with permitted use.

If otherwise not provided by federal laws, payment under an agreement on the establishment of a servitude in relation to land plots owned by the state or municipality, is determined:

• in accordance with the procedures established by the Government of the Russian Federation, with respect to land plots owned by the federal state;
• in accordance with the procedures established by the state authority of a subject of the Russian Federation, with respect to land plots owned by subjects of the Russian Federation, and land plots state ownership on which demarcation has not been carried out;
• in accordance with the procedures established by the local self-government body, with respect to land plots owned by municipal property.

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

In the event that an agreement on the establishment of a servitude is concluded with an authorized body, state or municipal enterprise, state or municipal institution, payment under this agreement is made, received, and credited to the relevant budgets of the Russian Federation's budgetary system.

In the event of concluding an agreement on the establishment of a servitude in relation to a land plot owned by the state or municipal property, for a period up to three years, the parties may agree to establish a servitude in relation to part of such land plot without conducting works that ensure preparation of documents containing the necessary information for state cadastral registration information about part of the land plot in relation to which

The servitude is established without conducting state cadastral registration of the specified part of the land plot and without state registration [limitations (encumbrances)](/enc/33880/ "Definition of the term «Limitations (encumbrances)» in the legal encyclopedia), arising in connection with the establishment of this servitude. In this case, the [boundary](/enc/32609/ "Definition of the term «boundary» in the legal encyclopedia) of the servitude's action is determined in accordance with the scheme of the servitude boundaries attached to the agreement on the establishment of the servitude on the cadastral plan territory.

Procedure for concluding an agreement on the establishment of a servitude over a land plot owned by the state or municipal property

According to Article 39.26 of the Land Code of the Russian Federation, in the event that an agreement on the establishment of a servitude is concluded with an authorized body, the interested person submits to the authorized body an application for concluding an agreement on the establishment of a servitude, together with a scheme of the servitude boundaries on the cadastral plan of the territory. In the application for concluding the agreement

Regarding the establishment of a servitude, the purpose and the intended duration of the servitude must be specified.

If statement regarding the conclusion of an agreement on the establishment of a servitude provides for the establishment of the servitude in relation to the entire land plot, attachment of the servitude boundary scheme on the cadastral plan of the territory to the aforementioned statement is not required.

The application referred to in paragraph 1 of Article 39.26 of the Land Code of the Russian Federation [/enc/7058/ "Definition of the term 'Application' in the legal encyclopedia"] and documents attached thereto at the applicant's discretion may be submitted in written form or as electronic documents in accordance with the procedures established for submitting applications for the allocation of land plots.

The authorized body must perform one of the following actions within a period not exceeding thirty days from the date of receipt of the application referred to in paragraph 1 of this article:

• send a notice to the applicant about the possibility of concluding an agreement on the establishment of an easement within the boundaries proposed by the applicant;
• send a proposal to the applicant regarding the conclusion of an agreement on the establishment of an easement in different boundaries, along with a scheme of the easement's boundaries on the cadastral plan of territory;
• send to the applicant signed copies by the authorized body [copies](/enc/33550/ "Определение понятия «экземпляры» в юридической

"encyclopedias") project of an agreement on the establishment of a servitude in the case where the application specified in paragraph 1 of this article Application provides for the establishment of a servitude with respect to the entire land plot, or in the case provided for by paragraph 4 of article 39.25 of the Land Code of the Russian Federation;

• adopt a decision on refusal to establish a servitude and send this decision to the applicant specifying the grounds for such refusal.

The authorized body body takes a decision to refuse the establishment of a servitude in the following cases:

• the statement for establishing a servitude is submitted to the [authority](/enc/33186/ "Definition of the term 'Authority' in the legal encyclopedia) of executive power or the [authority](/enc/33186/ "Definition of the term 'Authority' in the legal encyclopedia) of local self-government, which are not entitled to conclude an agreement on establishing a servitude;
• the planned use of the land plot under servitude conditions is not permitted in accordance with federal laws;
• establishing a servitude will result in the impossibility of using the land plot in accordance with its permitted use or to

significant difficulties in the use of the land plot.

Person, to whom a notice regarding the possibility of concluding an agreement on the establishment of an easement or a proposal to conclude an agreement on the establishment of an easement in other boundaries is addressed, ensures the conduct of works resulting in the preparation of documents containing information necessary for the performance of state cadastral registration

information about a part of the land plot in respect of which a servitude is established, and applies for state cadastral registration of that part of the land plot, except in cases where a servitude is established in respect of the entire land plot, as well as in cases provided for by paragraph 4 of Article 39.25 of this Code.

Within a period not exceeding thirty days from the date of submission by the petitioner to the authorized body of the notice regarding state cadastral registration of parts of land plots, in relation to which a servitude is established, the authorized body shall send the petitioner an agreement on the establishment of a servitude signed by the authorized body, in three copies. The petitioner must sign the aforementioned agreement no later than

within thirty days from the date of its receipt.

6. driving of agricultural livestock across a land plot;

7. mowing and grazing of agricultural livestock on land plots in accordance with established procedures within timeframes and durations corresponding to local conditions and customs;

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

9. temporary use of the land for conducting exploratory, research, and other works.

A servitude may be temporary or perpetual.

The period for establishing a public servitude in respect of a land plot located within the boundaries of lands reserved for state or municipal purposes may not exceed the reservation period of such lands.

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

Owner of the land plot, burdened by a servitude, has the right to demand proportional compensation from persons in whose interests the servitude is established, unless otherwise provided for by federal laws.

In cases where the establishment of a public servitude causes significant difficulties in the use of the land plot, its owner has the right to demand reasonable compensation from the state authority or local self-government body that established public servitude.

Persons whose rights and legitimate interests are affected by the establishment of a public servitude may seek judicial protection of their rights.

Servitudes are subject to state registration in accordance with the Federal Law "On the State Registration of Rights to real estate and Transactions Therein".

The order, conditions, and cases of establishing servitudes in relation to land plots within the right-of-way areas for automobile roads for laying, relocation, reconstruction of engineering communications, their operation, as well as for construction, reconstruction, capital repair 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 Road Activities in the Russian Federation and on Amending Certain Legislative Acts of the Russian Federation".