Formats of easement agreements for use of public highway dedications
Legal Update No. 429, 16 August 2013
Goltsblat BLP advises that Order of the Ministry of Transport of Russia of 25 October 2012 No. 385 has come into effect. It approves the formats of agreements on amounts to be paid for establishing public rights of way and agreements on private easements with respect to public (state and municipal) highway dedications.
1. A public right of way allows individuals or legal entities to use land within highway dedications (other than along private roads) for laying, moving, reorganising and operating utility lines. A public right of way is established by decision of a state or local government body authorised to grant land plots to highway owners, on the basis of applications from owners of utility lines (i.e., no agreement is required between the owners of the highway and of the utility lines for a public right of way to be established).
Payment for a public right of way is established by an agreement concluded before the work is launched on the relevant land plot.
2. Land within highway dedications (other than along private roads) may be used on private easement terms for construction, reconstruction, overhaul and operation of highway service facilities or for installation and operation of advertising structures. A private easement is established on the basis of an agreement with the road owner.
An agreement in the approved format must specify the payment for the easement and its duration and have the cadastral passport of the land plots attached, indicating the area covered by the easement, together with copies of the road owner’s certificate of title registration to the land plots.
In contrast to agreements on payment for a public right of way, the format of the agreement on establishing private easements is only approximate.
It should be recalled that, in accordance with article 5 of Federal Law No. 193-FZ of 11 July 2011, by 1 January 2013:
owners of utility lines laid within highway dedications (other than along private roads) before 15 July 2011 should have applied to the relevant authorities for public rights of way to be established in relation to land plots within highway dedications for the purpose of operating such utility lines, and
owners of highway service facilities and of advertising structures located within highway dedications (other than along private roads) before 15 July 2011 were required to conclude agreements with highway owners on establishment of easements in relation to land plots within highway dedications for the purpose of operating such highway service facilities and advertising structures.
Even so, it was difficult to comply with the law in the absence of approved agreement templates. Now the impediment to this has been lifted.
If you have any questions or require additional information, please contact Vitaly Mozharowski, Partner, Real Estate and Construction Practice, Goltsblat BLP, by tel.: +7 495 287 44 44, or e-mail: Vitaly.Mozharowski@gblplaw.com; or Yuri Chernobrivtsev, Partner, Real Estate and Construction Practice, Goltsblat BLP, by tel.: +7 495 287 44 44, or e-mail: Yuri.Chernobrivtsev@gblplaw.com; or Ekaterina Verle, Head of Group, Real Estate and Construction Practice, Goltsblat BLP by tel.: +7 495 287 44 44, or e-mail: Ekaterina.Verle@gblplaw.com.
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