THE RIGHT TO LIMITED USE OF ANOTHERʼS LAND (SERVITUDE)

Abstract

This article is dedicated to the legal foundations, essence, and practical significance of the right to limited use of a land plot (servitude). At the present time, when special attention is paid to ensuring the legal protection and rational use of land resources, the study of the formation and regulation of servitude relations between owners of land plots and other interested parties is an urgent issue. In this regard, the role of easement in the sphere of civil and land law, along with the relevant norms of national legislation, in particular, the Civil Code and the Land Code of the Republic of Uzbekistan, the grounds for the emergence of servitude, the procedure for its establishment, and the issues of its state registration were considered. In particular, the article discusses the procedure for establishing an servitude through the court and resolving disputes in the event of disagreements between the parties, the types and duration of the servitude, the circumstances under which payment is made, and the conditions for its termination. The interpretation of servitude in our national legislation and the attitude of scholars towards this concept were studied using empirical, historical, and comparative methods. Noting that the servitude is an important legal institution in the regulation of socio-property relations, the author presented his proposals and recommendations for improving the legal mechanisms aimed at increasing the efficiency of land use. These recommendations serve as a useful resource for lawyers, specialists in land law in practice, and for scientific researchers in their scientific research.