CHANGES IN LEGISLATION OF THE ESTABLISHMENT OF LAND EASEMENTS FOR ENGINEERING INFRASTRUCTURE OBJECTS

Abstract

The article is devoted to the legislation changes in regarding the establishment of land easements for the engineering infrastructure development (except for energy infrastructure objects). An analysis of the main changes in the land legislation during 2020-2021 and related to all stages of the formation of land easements was carried out. It was established that the types of land servitudes were expanded and the list of land use restriction codes was supplemented. Due to this, compliance of the main types of easements and restriction codes was achieved, which greatly simplifies the registration of land easements in the State Land Cadastre.
 The new procedure for establishing land easements for engineering infrastructure facilities on state and municipal lands, which allows for the formation of land easements on a single land plot, is considered. Compared to the old rules of law, this will significantly simplify the establishment of land easements for main engineering networks development with long linear objects. The establishment of such a land easement provides benefits for the entire community and can be as a public easement, which exists in many countries, but has not yet been adopted in Ukraine. The procedure states that if there is a decision of the local council to establish an easement for the period of preparation of technical documentation for the easement land plot and registration of rights to it, the land is reserved for this purpose for six months. The Land Code has been supplemented with an innovation that in case of change of ownership of an encumbered land plot, amendments to the land easement agreement are not obligatory, but are made only at the request of the parties.