How to establish an easement for access to a site

Easement Agreement

Enter into an agreement with the owner of the plot (this can be an individual, legal entity, municipal or federal government body) to establish an easement on his plot. To conclude it, you will need to use the services of a cadastral engineer to determine the coordinates of the site in the part where the easement is needed.

A diagram will be drawn up.
Based on this scheme, you enter data into the agreement, which must be submitted to the Rosreestr in order for changes to be made to the cadastre and an encumbrance in the form of an easement to be established on the site.

However, not every owner will agree to the establishment of an easement.

Application for a neighbor on a land plot

To draw up a statement to the district police officer, you need to write in free form the essence of the question and problem; you can use a sample to correctly fill out the form. If there is no desire or opportunity to draw up a written statement, a citizen can orally present all claims and the essence of the issue of violation of his rights to an internal police officer. In this case, the Ministry of Internal Affairs officer is obliged, according to the applicant, to draw up a detailed protocol, which, after drawing up, must be signed by the applicant.

A written statement drawn up independently by the applicant, or an oral statement recorded by the district police officer, is registered in the duty station so that it can be considered by employees of the Ministry of Internal Affairs.

A citizen’s application can be sent to the local inspector or to the head of the department of the Ministry of Internal Affairs. After the application is reviewed by the head of the internal affairs department, the application is sent back to the district police officer for further consideration.

In a statement to the police or district police officer, it is necessary to indicate only those facts that occurred. If there are witnesses to the events, they must be indicated in the statement.

After a detailed and consistent presentation of the situation requiring the intervention of internal affairs bodies, indicate in the text the measures that need to be taken against citizens who have violated the applicant’s rights. After drawing up the document, the date and signature of the applicant with a transcript are placed below the text.

To guarantee consideration of the application, it is possible to send it by letter to the department of the Ministry of Internal Affairs or deliver it in person and register it at the duty station, receiving a receipt indicating who accepted the application and at what time.

Please note that when drawing up an application for a neighbor on a land plot, you must enter the following data into the text:

On the top right is written the full name and position of the Ministry of Internal Affairs officer to whom the application is addressed;
Applicant’s passport details, personal details, contact details, actual residential address;
A statement of facts on the merits of the events that the applicant considers a violation of his rights. It is necessary to set out in detail all the facts, mention all persons who may be witnesses to the commission of offenses against the applicant;
The applicant must set out the requirements that, in his opinion, must be applied to the offender;
Put a date and signature with a legible transcript; if the handwriting is unreadable, the application may not be accepted.

Please keep in mind that applications to the police without the applicant indicating his or her identity will not be considered. Please note that the application is considered by the official depending on the seriousness of the material presented and the workload of the official. Expect that the maximum processing time for your application can be up to a month.

Know that making an appeal to the local police officer is the right of every citizen, which he has the right to use to protect his rights. Any actions of neighbors that violate the rights of a citizen are grounds for filing a statement with the police.

Establishment of easement through court

The second way is to establish an easement for access to the site through the court . To go to court, you need to send the owner a proposal to conclude an agreement to encumber his land plot. Without waiting for an answer or having received a refusal, draw up a statement of claim in which you indicate

that you are the owner of a land plot to which there is no access due to the location of the plot.
You tried to negotiate an easement with adjacent land users , but this was not possible.
As requirements, you indicate that you are asking to establish an easement on the land plot (details of the plot: number in the cadastre, address) for access to the plot (also details).
To the claim you must attach documents for the plot (extract from the Unified State Register), for adjacent ones as well, a receipt for payment of state duty, a statement that you proposed to establish an easement, the response of the defendant (if any).

Coordination of access roads to the land plot

Work begins with identifying the person or organization that should organize access to the site. If it is a municipality, you will have to study spatial planning schemes or a master plan to understand how the work will be carried out.
It is necessary to make inquiries to the registration authorities and cadastres to determine the availability of the site in the registers. It must be assigned a number, and the coordinates are plotted on the map.
If there is no information about the allotment or it is inaccurate (area, location, etc.), you will have to contact a cadastral engineer to carry out land surveying. Based on the results, the required documents are prepared.
It is necessary to prepare a certificate of ownership of the plot and an identity card. It is advisable to enlist the support of neighbors if the organization of access roads to a land plot affects their interests.
The plot to which access must be made must be within the boundaries of the settlement lands. Information about this must be requested in advance, otherwise the application will be refused.
In an appeal to the municipality, it is necessary to correctly formulate the requirements. In addition to organizing the driveway, it is important to ask about its maintenance. Otherwise, no one will clean the road in snowy winters.
In order for the road to be created, design and estimate documentation will have to be developed. It must be approved by the district administration.

Land examination

In court, apply for the appointment of a land examination , the study of which you raise questions

on determining options for establishing an easement,
is it possible to drive to your site without establishing an easement,
determine the coordinates of the characteristic points of the site for the easement.

The expert will offer options or an option for installing an easement , you choose the most convenient for both you and the defendant, clarify the requirements, where you indicate the coordinates of the easement.

The court satisfies the claim, provided that there is no other way, and you can use the established part of someone else's property to get to yours.

How to force a local road to be repaired?

The administration of the locality must carry out routine repairs of local roads. For this purpose, licensed organizations are involved. If this does not happen, the owners of land adjacent to the problem road can file a complaint about the condition of the roadway. Deviations from the standards established in GOST R 50597-2017 must be eliminated. A complaint is filed when:

there are holes on the road surface longer than 15 cm;
small potholes over a length of 100 meters;
waves more than 5 cm on a local street;
ruts of a certain depth, etc.

Such violations are given up to two weeks to correct. Usually the procedure begins after the owners (single or collective) apply:

To the administration of the locality - in addition to the application, evidence of problems on the road will be required (a response will be given within 30 days);
The traffic police department conducts an inspection and, if the roadway really does not meet the standards, issues an order for repairs (it must be complied with within 14 days).

In small municipalities, such measures usually do not bring results. In such a situation, you should submit a second appeal to the administration (preferably a collective one, with the signatures of all residents of the street). Get the traffic police representative to initiate an administrative violation case in addition to the repair order.

The roadway still has not been repaired - write a complaint to the prosecutor's office, or directly to the judicial authorities. Going to court yourself will speed up the procedure. A lawsuit is also prepared in the case when the traffic police does not initiate a case of an administrative offense. If a complaint to the prosecutor does not bring results, but you do not dare to go to court, you can send a complaint to the Ministry of Internal Affairs of the Russian Federation or other higher authorities.

The best option is to file a claim after refusal by the local administration. But proceedings should only begin after consultation with a lawyer. He will collect evidence of the need for repairs, send complaints to the authorized bodies and represent your interests in court.

Practice

A client asked for a consultation who inherited a plot of land fenced off by others on four sides , since previously it was a single plot divided into 5 different ones. Due to conflicting relations with the owners of adjacent land plots, the client did not have access to his plot. In connection with this, he needed help in court.

The lawyer drew up a claim where he described all the circumstances of the case.
At the trial they announced that a forensic examination would be carried out.
The expert prepared an opinion in which he described a possible option for accessing the client’s site by encumbering a part of the site located on the north side with an easement, since in other cases this was impossible to do.
The court satisfied the request and established an easement for travel to the client’s site according to the expert’s option.

Providing access to your land plot

Recently, questions have often arisen about how to provide access and passage to your plot of land, what to do when a neighbor blocks the passage?

There are cases when the owner of the only road adjacent to your property is an individual and does not sign permission to use such a road.

Let us say right away that in accordance with paragraph 26 of Article 26 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”, access, passage or passage from public land plots to the land plot being formed or changed must be provided to each plot, including through the establishment of easements.

The legislation provides for the right of the owner of any land plot to carry out passage and travel to his plot through the territory of a neighboring or other land plot in cases where there is no access to it from public lands and it is impossible to pass and travel to it in any other way except through the neighboring land plot .

It is important to note that you cannot limit access to someone else’s site by your own site, but at the same time you need to take into account how this access was previously achieved. According to Article 274 of the Civil Code of the Russian Federation, the owner of a neighboring plot, if access to it is possible only through your land plot, has the right to demand the provision of a limited use right - an easement.

An easement is the right to limited use of a land plot, is a restriction (encumbrance), which refers to existing conditions, prohibitions established by law or authorized bodies in the manner prescribed by law, constraining the right holder in the exercise of ownership or other proprietary rights to a specific property. The easement may be frequent and public.

A private easement is established by agreement of the parties or on the basis of a court decision, when such an agreement is not reached and it extends to a neighboring land plot (in particular, having a common border), and in some cases to another plot that has certain useful properties for use by which the easement is established.

As a general rule, a private easement is of a paid nature; the establishment of a free private easement can only be provided for by federal law, therefore the owner of a plot encumbered by a private easement has the right to demand payment from you. However, it is worth saying that you can only be forced to provide passage for your neighbor or you through the courts.

A public easement is the same restriction established by law or other regulatory legal act, taking into account the results of public hearings, in cases where this is necessary to ensure the interests of the state, local government or local population, which does not provide for the seizure of land plots, this is a decision to use part of someone else's land plot for the benefit of the community. For example, to create transport accessibility.

As a general rule, a public easement is gratuitous.

If you have a situation where the passage or passage to your home is blocked, impossible from public lands, you have every right to gain such access through neighboring land plots.

Construction of approaches

Before starting the installation of approaches to the house, it is necessary to study not only the terrain, but also determine what the roadway will be made of. You need to know how to make it to extend its service life. Studying the standards for the construction of such objects will allow you to design it correctly, conveniently for yourself and without interference for others.

Choice of coverage

The main negative factor to which entry zones are exposed is intense wear and tear. Therefore, increased demands are placed on the material from which they are made.

Its main qualities should be strength, durability, resistance to temperature fluctuations and harsh climatic conditions (frost, exposure to direct sunlight). The top layer should not allow puddles to accumulate and be subject to deterioration during the off-season.

The coating can be simple, consisting of leveled and compacted soil with an embankment of sand, gravel or crushed stone, or increased strength. Among these are :

Monolithic concrete made by pouring a mixture. If the installation technology is followed, then such an entrance will last a long time, which compensates for the rather high cost of production. One of the disadvantages is also cement dust, which is formed during heavy traffic.
Application of reinforced concrete slabs. This is a less durable canvas due to the joining seams, which collapse and lead to unevenness on the road.

Iron concrete is a good material for building an entrance to a site, but it is not without its drawbacks
Asphalt pavement will cost much less. However, its high-quality installation without special equipment is difficult. With conscientious work, such a road will last a long time in compliance with the necessary requirements.
Stone paving stones or tiles, in addition to strength and durability, have an aesthetic appearance. It is possible to create a harmonious combination with the overall design of the house. However, the cost of entering a turnkey site is high, and installation requires more time and special skills.
Wood flooring rots and does not last long. But strength, availability and low price make such material in demand when constructing trench floors.

The selection of coverage is primarily influenced by the financial condition of the owner. Inexpensive farms are usually reached by sandy paths. Concrete coverings are also popular.

Regulatory Requirements

Convenience and external aesthetics are not the only conditions when arranging entrances to a house. They must comply with SNiP, which ensures the safe use of structures. It is worth paying attention to the following parameters:

The driveway must be at least 4-4.5 meters wide.
The junction with the main road should increase to 8-8.5 m to ensure a turning radius of at least 5 m.
When organizing a ditch, a 30-centimeter pipe with a length of more than 4.5 m should be used.
The drainage slopes under the road and the trench must match.
The entrance level of the junction and the roadway must be made the same.

The owner of the territory, when organizing the construction of an approach to the site, determines its structure. At the same time, the capacity of the main road should not decrease. It is prohibited to plan parking there.

The entrance to the site should not reduce the capacity of the adjacent road

If construction is carried out on the territory of a gardening partnership, all rules in force there must be observed.

Carrying out concrete work

This method is the most accessible and reliable of all. Using a similar technology, you can also arrange a parking space in front of the house. Installation should be done in this order:

Remove the soil to a depth of 30 cm and compact the bottom.
Pour a sand cushion 25-50 cm and then compact it.
Lay a reinforcing mesh of metal reinforcement on top. The diameter of the rod should be 8-10 mm, and the cell should be no more than 20-25 cm.

To prepare the solution you will need 1 part of cement grade M300 or higher, 3 parts of sand and 3-4 parts of crushed stone. The thickness of the concrete layer should be at least 12-15 cm, the surface is leveled and checked using a building level.

Concrete work at the entrance to the site should be done strictly according to the instructions in order to obtain the expected result

It is necessary to prevent the appearance of all kinds of depressions on the coating. Water will accumulate in them, which will lead to destruction of the canvas. You also need a small slope from the central axis for water to drain.