Land Servitudes for the Purposes of Subsoil Use

Abstract

The article provides a comprehensive doctrinal analysis of the legal nature of a land easement established for the purposes of subsoil use within the system of limited real rights to another’s property. It examines the evolution of the institution of easement from its origins in Roman law to its modern statutory consolidation in the national legislation of Ukraine. The interdisciplinary character of the legal regulation of land-easement relations is substantiated, as it is formed through the interaction of the provisions of the Land Code of Ukraine, the Civil Code of Ukraine, and special legislation in the field of subsoil use.

The expediency of construing a land easement for the purposes of subsoil use in its objective meaning as a system of legal norms governing the establishment, exercise, and termination of the right of limited use of another person’s land plot is justified. Such use is aimed at geological exploration, including pilot (experimental-industrial) development of mineral deposits with their subsequent extraction and/or the extraction of minerals, as well as the construction and placement of structures and facilities related to such activities.

The specific features of this type of easement are identified, in particular its fixed-term nature, its derivative character in relation to a special permit for subsoil use, the possibility of automatic extension of its duration, and the combination of private-law and public-law elements in its legal content.

Certain gaps and inconsistencies in the regulatory framework are revealed, which necessitate further legislative improvement in order to ensure coherence between land and natural resources legislation and to enhance the effectiveness of law enforcement practice.