Servitude: restriction or encumbrance?

The categories of restriction and encumbrance are analyzed and the opportunity of applying these two categories to character the rights to another real property which was created by servitude are given in the article. The points of view of different authors about this problem are studied. The questions of expediency considering these two categories as synonyms by the legislator are discussed. The basic attention is given to the analysis of doctrinal and the legislative use of the categories «restriction» and «encumbrance» that has allowed establishing the criteria of attribution of different legal phenomenon limiting the rights of owner to the restriction or encumbrance. The author comes to the conclusion that encumbrance generates the rights of the third parties to another's property and in the context of considered problem encumbrances are comparable with the servitude, whereas restrictions do not generate the similar rights.