Land Easements Research Articles

Land easements in the budget system of territorial communities

Many linear engineering and technical networks run on the lands of settlements, which are operated by enterprises and organizations of various forms of ownership and for the services of which the population of territorial communities pays appropriate funds. On the other hand, for land plots, including those on which land easements are established, the owners pay land tax in full, following the norms established by law. In most cases, enterprises, and organizations whose custody linear engineering and technical networks are used free of charge easements. That is, on parts of land holdings where linear engineering and technical networks pass, certain restrictions on the use of these lands are established following regulatory acts, and at the same time, operating organizations do not compensate the owners of land plots any costs. Therefore, the fairness problem arises compensating land plot owners for certain expenses. Local self-government bodies and state authorities use the institution of paid land easement when providing land plots for short-term or long-term use for commercial needs, etc. However, this does not apply to establishing a paid land easement for linear engineering networks. Filling local budgets is one of the essential mechanisms for developing territorial communities and individual settlements. In this aspect, searching for new opportunities to supplement the local budget is an urgent and essential problem. This study is dedicated to the search for additional financial resources for territorial communities by researching the possibilities of introducing the mechanism of paid land servitudes of linear engineering and technical networks. For this purpose, a unique technique has been developed that allows the determination of compensation to the owners of land plots for the presence of easement restrictions on their territories. The scientific novelty consists of developing a methodology for the formation of payments for easement use of land in the protection zones of linear engineering and technical networks. The practical implementation of the proposed methodology was implemented in practice when determining the fee for land easements of linear engineering and technical networks in the village of Lolyn, Kalusky region, Ivano-Frankivsk oblast. Keywords: methodology, land easement, fee, linear engineering, and technical networks.

The peculiarities of legal regulation of land easement during the war in Ukraine in 2022-2023

Purpose. The purpose of the article is to define the concept of “land easement” and clarify the issue of the mechanism of disposal of land easement during the period of war in Ukraine. The article substantiates the thesis about the ineffectiveness of the “usual peaceful” legal regulation of land easements in the conditions of martial regime in Ukraine. For the effective functioning of the state economy and the production of agricultural products in the conditions of martial law, there are other factors that make it necessary to introduce a special, simplified procedure for access to land during the period of martial law. The article is devoted to the study of the peculiarities of the legal regulation of land easements in the conditions of martial regime. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, dialectical, logical-semantic, logical-normative, system-structural. Results. In the course of the conducted research, the concept of “land easement” was defined. It has been proven that the right of land easement is the right of the owner or land user of a land plot to limited paid or free use of someone else's land plot. Originality. During the research, it was established that during the martial law, many changes were made to the legislation in the field of land easement regulation. Practical significance. The results of the study can be used in law-making activities for the purpose of legal regulation of public relations in the sphere of legal protection of the use of land easements in the conditions of martial law in Ukraine.

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

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.

RESEARCH OF DIRECTIONS OF DEVELOPMENT OF LAND MANAGEMENT DOCUMENTATION TAKING INTO ACCOUNT OF MODERN LEGAL REQUIREMENTS

Today in Ukraine the issue of defining land as an element in the system of land management, cadastre and evaluation remains relevant. The term "land" means a part of the land that has clearly defined boundaries, a certain location, natural properties, physical parameters, it also describes the legal and economic status. The main properties of the land plot can be considered: boundaries, area, cadastral number and address, as well as legal properties, namely the rights and obligations of the land owner, restrictions and encumbrances, land easements. In addition to these characteristics, there are also so-called quality, they include: the cost of use or exchange. When a land plot is formed, it becomes an object of civil law, and it is for this purpose that it is formed. Nowadays, with the creation of the land market, it is necessary that every owner or user of land has the right to draw up documents necessary for the sale or lease of land, and this includes work on the formation of land, which is also a job. on drawing up according to the project of land management. The purpose of the article is to study the principles and technological aspects of land formation for further creation of land management documentation. The study presents the principles and technological aspects of land formation for their further evaluation in the structure of existing land use and land tenure. The directions of development of technical documentation in the system of land management and cadastre are determined. The mechanism of development of land management projects taking into account modern legal restrictions and market needs is analyzed. It is proved that the necessary condition of land management is to take into account the principles of data collection, processing and preparation of technical documentation. Particular attention is paid to defining modern principles of development of urban planning documentation, based on the latest developments in the industry. The researched issues in the article make a significant contribution to the areas of land management design, formation of cadastral data, development and updating of urban planning documentation and more.

LEGAL ASPECTS OF LAND FORMATION UNDER REAL ESTATE OBJECTS

A land plot is a part of the land that has clearly defined boundaries, a certain location, natural properties, physical parameters, it also describes the legal and economic status. The main properties of the land plot can be considered: boundaries, area, cadastral number and address, as well as legal properties, namely the rights and obligations of the land owner, restrictions and encumbrances, land easements. In addition to these characteristics, there are also so-called quality, they include: the cost of use or exchange. When a land plot is formed, it becomes an object of civil law, and it is for this purpose that it is formed. Nowadays, with the creation of the land market, it is necessary that every owner or user of land has the right to draw up documents that are necessary for the sale or lease of land, and this includes work on the formation of land, and it is work on drawing up a land management project in accordance with. Depending on the available materials from the previous works on this site, the composition and scope of work required for the formation of the site are determined. These characteristics are also related to the reform, or in other words, the reorganization of agricultural enterprises. Two other factors that affect the composition and scope of work are the number and location of real estate to be transferred. There are also many other factors of influence. The purpose of the article is to study the principles of development of land management projects, taking into account the scheme of application of tools for the organization and protection of land. The paper analyzes modern domestic and international approaches to the development of land management projects and the formation of land management documentation at different levels and for different applications. The technology and systematized stages of creating a land management project are determined. Factors influencing the location of the real estate object are analyzed. It is determined that all the presented factors must be taken into account at all stages of the construction, starting with its construction and ending with its operation. But taking into account each individual factor in the efficiency of use or profitability of the building, if it is commercial, is not enough to choose the right location of the property. The principles of formation of land management documentation for construction purposes are determined. The developed directions in research will give the chance to increase land use by application of modern technological schemes of development of land management projects taking into account current requirements of the legislation.

Problematic issues of establishment of land easements.

Problematic issues of establishment of land easements.

The premise for the acquisition by acquisitive prescription of a road easement in the form of the existence of a permanent and visible device.

The institution of acquisition of land easement by acquisitive prescription has been widely discussed in recent years both in the science of law and in judicature. The statements generally concerned the broadly understood issues of land easements with the content corresponding to the transmission easement. Despite these numerous positions, it turned out that there were still several issues related to the interpretation of Art. 292 of the Civil Code causes a lot of controversy. The article attempts to explain one of them. The point is to examine whether the premise of the use of a permanent and visible device also requires a preliminary determination of the group of people who made this device. The conducted analysis leads to the conclusion that from the point of view of the premises of usucapion of the easement, it is indifferent to who erected the permanent and visible devices.

Remuneration for establishing the necessary passage easement in the light of judicial decisions

Judicial practice abounds in numerous disputes arising from the provisions concerning land easements. It can be stated that there are many interesting legal issues in both doctrine and judicature that would certainly require separate and detailed studies. First of all, the issue of remuneration due to the owner of serviant l and is widely discussed. The regulations do not indicate criteria leading to determining the amount of remuneration, which raises many doubts in practice. The presented article is devoted to discussing the method of determining the amount of remuneration for establishing a necessary passage easement. Its purpose is to present various proposals for ancillary criteria which should be taken into account when calculating the remuneration due to the owner of the property.

To the Question of Easement Objects

An easement under civil law is the right to use the property of others to meet the needs of others who cannot be otherwise satisfied. The legislator very briefly lists the objects of the easement and allocates positions for them in different norms. The necessity to study easement objects, among which land, their parts, other natural resources, and other real estate is justified. Issues of «other natural resources» in accordance with the current legislation of Ukraine, which include water bodies, forests, flora and fauna, subsoil, are investigated. Water bodies can be transferred not only for use, but also for the property of participants of civil legal relations, and, accordingly, the owners can transfer them on the right of easement to other persons. Attention is drawn to the fact that land easements may well include an easement for the purpose of hunting and fishing. The practical necessity of using the subsoil that arises in the participants of civil legal relations, requires the regulation of this kind of easement relations at the legislative level. Ownership of an unfinished construction object is, by law, subject to state registration in the order inserted for state registration of real property rights and is immovable property, and therefore may be an object of easement. Property complexes occupy a special place in the system of civil rights objects. Although the company includes not only immovable, but also movable ones, as well as the right to trademarks and other designations, this property complex is recognized as real estate and may also be object to easement. Attention is drawn to the need of systematization of the rules regarding the objects of the easement and to amend the existing legislation accordingly.

Legal Regulation Of Private Law Aspects Of Water Use By Owners And Users Of Neighboring Land

The article is devoted to some questions of the legal legal regulation of neighborhood relations related to the use of water to meet the needs of owners and users of neighboring land. The regulation of this relationship has historically been an inseparable part of neighbour law. Regulations of this kind were contained in many historically significant Ukrainian legal documents (in particular, various editions of the Lithuanian Statutes, the Rights of the Little Russian People (1743), and others). Currently, the regulation of the use of water resources mainly comes under the sphere of public law. Consequently, the current Land Code of Ukraine does not contain regulations of this kind. Nevertheless, a study of international legislation and regulation policies on neighbourly relations emphasizes the necessity to legislate on the private aspects of neighbourly water use. In particular, such provisions include the laws of the Republic of Moldova, Georgia, Republic of Azerbaijan and some other post-soviet states. The findings of the study has made it possible to formulate the proposals aimed at improving the current legislation on this issue. They are based on a general rule forbidding to alter the natural movement (flow) of water, if it violates the rights and legitimate interests of owners or land users of neighboring land. The artificial movement (flow) of water, caused by the activity of land owners or land users, is proposed to regulate by contract by establishing land easements (discharge of water to a neighboring land plot, their redistribution between neighbors, etc.).
 Regulating water-related relationships to meet the needs of owners or land users of neighboring land has historically been an integral part of «neighborhood law». Nowadays, the legal regulation of the relationship regarding the use of water resources has shifted to the sphere of public legal regulation. Nevertheless, the study of the laws of foreign countries and the practice of regulating good neighborly relations indicate the need for legal regulation of private aspects of neighborhood water use. They are mainly related to the prohibition of altering the natural movement of water if it violates the rights and legitimate interests of owners and owners of neighboring properties.

ЗЕМЕЛЬНЫЕ СЕРВИТУТЫ: РАЗВИТИЕ И ПРОБЛЕМЫ ГАРАНТИЙ ПРАВ

ЗЕМЕЛЬНЫЕ СЕРВИТУТЫ: РАЗВИТИЕ И ПРОБЛЕМЫ ГАРАНТИЙ ПРАВ

The content and significance of negative land easements: individual aspects

The content and significance of negative land easements: individual aspects

Pay the farmer, or buy the land?—Cost-effectiveness of payments for ecosystem services versus land purchases or easements in Central Kenya

Payments for Ecosystem Services (PES) have emerged as a popular conservation tool, yet evaluation alongside other direct conservation strategies remains piecemeal. We prospectively compared cost-effectiveness of PES to Land Purchases or Easements (LPE) in Central Kenya. We spatially predicted opportunity costs and land prices using household survey and literature data, and sampled conservation management costs from four regional conservation organizations. We simulated a fixed-budget, spatial ecological–economic site selection process for conservation intervention (PES or LPE) over 30years. We included effects of land markets, property value fluctuations, rising agricultural productivity and climate change. Depending on the scenario, the LPE strategy led to larger reserves (by 26%–610%), better representation of mammal species' ranges (by 47%–112%) and lower unit costs (by 26%–48%). Adding a yearly egalitarian social development payment to the LPE strategy did not increase costs beyond the basic PES model. Our findings were robust to discount rate choice, but cost savings of LPE only materialized after about a decade. Furthermore, Kenyan law restricts foreign land ownership and the use of land easements, thus simpler institutional requirements make PES a more immediate, if less effective, property-based tool.

Conservation strategies for coastal wetlands in the Gulf of California, Mexico

Wetlands worldwide, the fisheries they support, and the communities that depend on them are threatened by habitat modification. We describe strategies being used for wetland conservation in the Gulf of California, Mexico, their effectiveness, and challenges for implementation. We base our analysis on the authors’ experience working for local environmental non-governmental organizations and available literature. The strategies discussed include public and private policy instruments such as Environmental Impact Evaluations, environmental land easements, concessions and transfer agreements, Natural Protected Areas, and international agreements such as the Ramsar convention and the North American Wetlands Conservation Act. We present examples from the Gulf of California that highlight some of the challenges to wetland conservation. These challenges range from governmental failure to enforce existing environmental legislation, lack of verification of requirements for development projects, to low economic penalties for wetland modification or destruction. We found that in the Gulf of California successful conservation of coastal wetlands required a combination of policy instruments and relied on integrating science, management, and public participation through partnerships between non-governmental institutions, academic institutions, community stakeholders, and government agencies.

Use of principal components analysis to assess cultural models of land conservation

Quantitative Survey  Based on qualitative data, survey instrument designed to measure validity of cultural schemas associated with the words conservation.”  principal components analysis of survey data ( n= 746)  Rotated oblique components (40% of variation)  Structure matrix used to examine correlations of survey items with components RESULTS Interpretation based on correlations  Component 1: Land conservation is important and a moral imperative because it maintains the quality of life by protecting esthetically valuable sites from irreversible damage.  Component 2: Land conservation is best accomplished through voluntary actions by landowners who are engaged in profitable production of natural resources (food, fiber, timber), thereby protecting economic assets for their families and communities, now and in the future.  Component 3: A balance of humans' and nature's needs should guide land conservation such that it is integrated into community growth, by using adequate planning and appropriate technology to allow communities to meet economic and housing needs through active inclusion of all interested stakeholder groups in the decision making process. DISCUSSION To better manage biodiversity within working landscapes, we need a deeper understanding of the landowners who donate or sell easements to land trusts. This cultural model approach suggests the need for a fuller understanding of the meaning of conservation lands within a broader context, including those who do not consider land easements as an appropriate conservation tool.