Features of court proceedings concerning the emergence of land easement rights

The article is devoted to the study of judicial practice in cases concerning the emergence of land easement rights. It has been determined that when conducting proceedings in cases involving claims for the establishment of land easements, courts examine a number of key elements of these legal relations in order to resolve the case and make an objective and impartial decision. In particular, these include the legal status of the subjects and the legal regime of the objects to which land easement relations arise; compliance with the procedure for applying for the establishment of land easement; the presence/ absence of conditions for establishing easement, the content of easement, and the nature of restrictions on the use of the land plot by its owner or user. The purpose of this article is to analyze the problem of law enforcement in court proceedings concerning the protection of the rights of landowners and land users in cases where land easements are established. The issue of sufficient capacity of a person to apply for the establishment of a land easement is being clarified. It has been found that a prerequisite for applying to the court for the establishment of an easement is proof of actions taken to establish the easement and failure to reach agreement between the parties. Based on an analysis of Ukrainian legislation and judicial practice, it has been determined that the establishment of a land easement is justified only in cases where it is objectively impossible to satisfy the needs of the landowner or land user by other means. It has been found that the establishment of a land easement based on the results of a court decision and the determination of the conditions for easement land use may take place on the basis of an easement agreement if a person has applied for recognition of the easement agreement as concluded, or a court decision if a person has applied for the establishment of an easement by court decision. It was concluded that the legal regulation of land easement relations is imperfect, that there is terminological inconsistency, which causes legal disputes, and that conceptual changes need to be made to the legislation to eliminate duplication in the regulation of land easement relations and the contradictions and inconsistencies that arise as a result.