On April 26, 2017 the Presidium of the Supreme Court of the Russian Federation approved the Judicial Review of Easement Establishment for Land Parcel (hereinafter referred to as «the Re- view»). The Review highlights both theoretical and practical approaches to the resolution of cer- tain problems in easement law (for example, the current legislation not requiring to comply with the mandatory pre-trial procedure for settling easement disputes) as well as disputable aspects. The author suggests paying attention to some of them, namely paragraphs 4, 5, 7, 8, 12, and 13 of the Review. Thus, the Commentary examines the following issues: the permitted construction, repair, reconstruction and operation of a linear object on the basis of an easement; the right to de- mand establishment of an easement - does it belong exclusively to the dominant property owner, or to both parties in an easement relationship; the admissibility of establishing an «authentic» voluntary easement; the admissibility of imposing on a servient property owner the obligation to ac- tively perform for the benefit of a dominant property owner; and the easement conditions including payments for this right.
Translated title of the contributionA COMMENTARY ON THE JUDICIAL REVIEW OF EASEMENT ESTABLISHMENT AS APPROVED BY THE RUSSIAN FEDERATION SUPREME COURT PRESIDIUM ON APRIL, 26 2017
Original languageRussian
Pages (from-to)157-176
JournalВестник экономического правосудия Российской Федерации
Issue number7
StatePublished - Jul 2017

ID: 39073032