Grounds for the right to use someone else's property (easement).

Abstract

The institution of the right to use someone else's property (easement) originated in ancient Rome. Its reception in the Ukrainian legal system is due to the economic development of Ukraine and the introduction of the right of private property. In connection with the recodification and renewal of the civil legislation of Ukraine, as well as the introduction of martial law, the need for further research into issues related to easements has become beyond doubt.
 The article has been devoted to the study of the grounds for the emergence of the right to use someone else's property (easement) under the legislation of Ukraine. The Civil and Land Codes of Ukraine contain an exhaustive list of the following grounds for the emergence of the right to use someone else's property (easement): contract, law, will and court decision. An easement can arise both on the basis of only one legal fact and a certain legal structure.
 The particular attention has been paid to the issue of the emergence of easement under the contract. Types of contracts on the basis of which servitude may arise have been analyzed. The emphasis has been placed on the parties and the essential terms of the easement agreement. The cases provided for by the legislation, in the presence of which, the right to demand the conclusion of an agreement on the establishment of an easement may belong to persons engaged in certain types of activities, have been studied. The specifics of the regulation of servitude relations under the contract during martial law have been clarified.
 The peculiarities of the emergence of the right to use someone else's property (easement) on the basis of a court decision have been analyzed. As a result of the consideration of the dispute, the court may make the following decisions: regarding the obligation of the defendant to conclude a contract with the plaintiff or its decision to establish an easement.
 The easement can be established by direct prescription of the law and by will. The differences between establishing an easement in a will and in a testamentary refusal are considered. Based on the results of the research, conclusions have been made regarding the prospects for the settlement of the studied relations.