What should be understood as servitude ?, How do negator lawsuit...

What should be understood as a servitude?

Servitude is the right to use someone else's thing. In this case, the owner of the encumbered servitude thing must be reconciled with the use of his property by another person. By its appearance, an easement is obliged to establish the right of private ownership of land. From that moment, the owners began to notice that the use of their land plot is impossible without using a neighbor's plot. For example, in the case of running cattle to drinking water or collecting fruits from trees that grow close to the border. Initially, the output was found in the establishment of an agreement with a neighbor, i.e. use of the site by virtue of the obligation. But it was soon noticed that the agreement is not always lasting. So, a new owner could appear at the land plot, which was no longer bound by an obligation, and therefore could refuse to its neighbor the right to use his property. And then there was a decision to burden the land itself, establishing a real, rather than a mandatory right.

Now, like many years ago, under the easement understand the right of limited use of someone else's land (Article 274 of the Civil Code of the United States). The servitude may also be established in relation to buildings and structures (Article 277 of the Civil Code of the United States).

According to paragraph 1 of Art. 274 of the US Civil Code, the owner of real estate (land, other real estate) has the right to demand from the owner of a neighboring land plot, and in necessary cases, from the owner of another land plot (neighboring plot) granting the limited use rights to the neighboring site (servitude). In accordance with paragraph 4 of Art. 274 of the US Civil Code to require the establishment of an easement can not only the owner, but also the person owning the land on the right to lifelong inheritable possession or the right of permanent (perpetual) use, as well as other entities directly named in the law. The servitude may also be established by the United States, US subjects, local self-government bodies in the public interest. Such an easement is called public.

The servitude is established for passage, communication laying, grazing of animals, as well as other needs by agreement of the person requiring the establishment of an easement, with the owner of the land or other real estate object, and if the agreement is not reached - by a court decision. The public easement is established by normative legal acts.

The servitude terminates (Article 276 of the Civil Code of the United States) at the request of the owner of the encumbered thing, when the grounds for its establishment cease to exist or when the owner is deprived of the opportunity to use his property for the intended purpose. Like any other proprietary right, an easement terminates with the loss of the thing in respect of which it is installed. The servitude can stop even when the thing to be served is acquired by the owner of the encumbered person, i.e. when the owner and the clergyman coincided in one person, as well as in other cases.

How do negator lawsuit and easement relate?

Earlier, we already defined the negative (denying) claim as a claim for elimination of violations not related to deprivation of ownership, and noted that it was originally used to deny the plaintiff's easement of servitude and to stop actions creating obstacles in the use of property. In turn, the owner of the easement for his protection was given a confessional claim, the subject of which was the requirement to admit to the property. In addition, the right knew the so-called negative easement, which imposed on the owner the duty to refrain from actions that violate the powers of the neighbor to use and dispose of his property. Now all these requirements are included in the subject of a single - negator claim.

Thus, negator lawsuit can be considered simultaneously as: 1) an action for imposing a negative servitude; 2) action to remove obstacles in the use of servitude; 3) an action to release property from easement.

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