Legal problems arising in the establishment of easement on the land

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The author considers the legal problems that arise when establishing of easement on land. It identifies three main positions that cause controversy: the «exclusivity» of establishing the easement, the need for cadastral registration of a part of the land plot for state registration of the easement and how to calculate the easement fee. It concludes that the «exclusivity» of establishing an easement cannot be monopoly, the lack of cadastral registration of a part of a plot during state registration of a easement may adversely affect the market turnover, in the amount of fees for easement should be taken into account both the damage caused by the easement and the money spent on the performance of easement obligations.

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Land easements, the right of limited use of someone else's real estate, easement relations, easement of displacement, proportionality of costs and inconveniences of easement, cadastral registration of part of the land, exclusivity of the establishment of easement

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Короткий адрес: https://sciup.org/170173051

IDR: 170173051

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