The form of easement agreement under the civil legislation of Ukraine

Abstract

The agreement as a universal legal category and a unique means of legal regulation gives rise to a variety of relations, including the right to use someone else’s property, called an easement in civil law. Therefore, the issues of form of these agreements are of particular importance, both in the context of the legal consequences of its non-compliance, and in view of the importance of proper fixation of the agreements reached between the parties.
The article is devoted to the analysis of the form of an easement agreement under the civil legislation of Ukraine. A special attention is paid to the issue of the institution of the requirement for transaction notarization, in particular, the establishment (cancellation) of the requirement by the owner for notarization of a land easement agreement.
It is concluded that as of today, the easement agreement is subject to a conclusion in writing and, under certain conditions defined by the legislation of Ukraine, it should be notarized. Certainly, as far as immovable property is concerned, the notarial form is also due to the fact that in accordance with the Law of Ukraine «On State Registration of Property Rights to Immovable Property and Their Encumbrances», the notaries perform the functions of the state registrar of property rights and can ensure state registration of the right of the easement as a property right. On the other hand, according to the current legislation of Ukraine, it is possible to certify transactions in those areas where there are no notaries, by means of other bodies and officials (for example, officials of local self-government bodies) and this certification will be equal to the notarial one. However, in these cases, the problem of registering property rights under an easement is still unresolved. Therefore, within the framework of the existing legal regulation, in order to balance public and private interests, the broadest introduction of the current system of e-notaries and its further improvement can be a worthy alternative and means of relief.