Servitude as an object of civil rights

Abstract

The historical trends and the state of modern legal
regulation of property rights have been identified. The
characteristics and features of the servitude as an object
of civil rights have been investigated. The methods of ac-
quiring and terminating a servitude, its scope and legal
regime, the peculiarity of public easements are consid-
ered. A servitud, as a kind of property rights that are the
subject of rights to another’s property, is a special catego-
ry of property rights and a specific object of civil rights in
view of the peculiarities related to its turnover. Servitude
law not only gives the owner the opportunity to effective-
ly use his property, but also provides for the satisfaction
of the interests, including non-property, of others (for
example, to exercise the right of vehicular and pedestrian
traffic through another’s plot of land even to place tem-
porary structures). The right of a landowner to restrict-
ed use of other land is necessary and satisfies the needs
(or deficiencies) of the land at expense of other, usually
neighboring plots. The person who has received servitude
in due course has the following competences, which con-
stitute the content of the servitude law.
In the absence of consent to establish a servitude, the
person concerned must prove in court that it is impossible
to make normal economic use of the land in the absence of
a servitude. When acquiring a servitude, a person should
avoid abusing their rights. If there is no basis for the ac-
quisition of rights, the attempt to acquire them by any
means results in nullity of legal effects.
There are always two parties in the servitude rela-
tions: the landowner and the person (or several persons)
who acquires a limited property right in the form of a
servitude. Since any servitude is always a restriction on
the right of others, it is thus the least burdensome for the
owner of the thing. On the other hand, it should be noted
that the restriction of property rights makes it necessary
for the owner to refrain from certain actions that may vio-
late the rights of another person. If a person has acquired
a limited right, they cannot have legal relationship with
the owner of the property. There is a type of limited right
that is, legislative prohibition that narrow the content
of subjective property law with a view to protecting and
implementing the rights of others and that determine the
relationships character.