In agriculture, there are situations when a farmer needs to use part of someone else’s land to access their plot or carry out agricultural work. In such cases, an easement comes to the rescue — one of the important tools in land law, as reported by agronews.ua.
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An easement is the right of limited use of someone else’s land to meet the needs of the owner or user of another plot. It is not a property right, but only a right of passage, way, laying of communications, etc.
In Ukraine, easements are provided for by Articles 98–103 of the Land Code of Ukraine and the Civil Code.
Types of easements:
Private easement — established to meet the needs of a specific person.
Public easement — established to meet the needs of the community or the state (for example, access to a water body or forest).
A farmer can officially formalize the right to an easement in the following cases:
the land plot has no access to a road, water, or other infrastructure;
for laying pipelines, power lines, irrigation systems;
for the passage of agricultural machinery through someone else’s plot;
for temporary access during field work.
How to formalize an easement:
Enter into an agreement with the owner of the land through which the easement will be established.
Notarize the agreement.
Register the easement in the State Register of Property Rights.
In case of the owner’s refusal, the easement can be established through the court.
Important conditions:
The easement does not transfer ownership rights.
It can be free or paid (as rent).
It can be temporary or permanent.
It should be used only for a specified purpose.
An easement is a convenient and legal mechanism that allows farmers to fully use their plots without violating the rights of neighbors. Properly formalized easement ensures stability in land use, minimizes conflicts, and enhances the legal protection of agribusiness.