Payment for Servitude in Russian Civil Law

Paragraph 5 of article 274 of the Civil code of the Russian Federation fixes norm according to which the owner of the site burdened with an easement has the right if other is not provided by the law to demand from persons in whose interests the easement is established the proportional payment for use of the site. This provision on the payment for easement causes a great controversy in the modern science of civil law. Initially gratuitous in Roman law, with the development of economic relations, this institution of property law has become increasingly gravitate to the model, more characteristic of the law of obligations. The easement not only became compensatory in the vast majority of cases, but also acquired a very specific basis of occurrence – the conclusion of an agreement by the owners of neighboring real estate. The scope of the research is the Institute of servitude payment in the Russian civil law. It covers the history of its formation and development in the domestic civil law, theoretical validity, practical feasibility and shortcomings related to the legal regulation of this institution and reflected in the jurisprudence on disputes on the establishment of easements. The relevance of the chosen topic is based on the recent interest of the scientific community in the mechanism of establishment and legal regulation of easements in connection with the sharp transition at the end of the last century of our country from the planned economy to the market, as well as the consequences of the controversial and ambiguous privatization of land and other real estate.