Lytvynenko I. Improving methods of forming land easements for engineering and transport infrastructure objects

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U101660

Applicant for

Specialization

  • 05.24.04 - Кадастр та моніторинг земель

28-04-2021

Specialized Academic Board

Д 26.056.09

Kyiv National University of Construction and Architecture

Essay

The absence of the concept of public land easement in Ukraine has caused problems in providing access to engineering and transport infrastructure facilities that serve the interests of the community, which is especially acute in cities with a shortage of vacant land and the predominance of privately owned land. The lack of legal regulation of the need to establish land easements in the formation of new land plots, leads to the emergence of land plots "closed" within other land uses without an access to public roads and main utilities. This leads to infringement of the primary ownership acquired over the land plot, which is further encumbered by the easement and creates many problems for the owner of the "closed" land. The thesis comprehensively considers the creation of private and public easements for objects of engineering and transport infrastructure as a tool for protection of private and public interests; namely, the factors influencing the creation of land easements have been systematized and structured, the criteria of optimal establishment of the land plot of the easement have been substantiated, the information support on the formation of land easements has been systematized. The technology of private land easements creation has also been improved and the technological model of public land easements creation has been developed. The advanced technology of private land easements creation offered in the work consists of four stages: analytical, estimative, projectable and registration from which analytical and estimative have been offered by the author. The developed technological model of public land easements creation includes stages that are similar to the technology of private land easements creation, but fundamentally different in content, especially in the analytical and evaluative stages. The analytical stage has been performed in two different ways, depending on the presence or absence of the object of public easement in the urban planning documentation. The presence of the object of the easement in the approved urban planning documentation gives legitimacy to the object of the easement and significantly simplifies the process of formation, allowing moving from the analytical stage to the projectable one. The absence of an easement object in the approved urban planning documentation requires the establishment of the direction of the easement object based on the analysis of the development strategy of the territory, as well as natural, urban, planning, social, environmental and legal characteristics of the territory. There is a need to introduce an evaluation phase, which selects the optimal location of the easement by developing alternatives to the location of the easement, taking into account the analysis of factors influencing the location of the easement and the criteria for optimal establishment of land easements. The projectable stage involves the preparation and approval of the legal act for the formation of the right of easement and determination of the area of distribution and boundaries of the land plot of the easement in the preparation of land management documentation. The final registration stage presupposes the registration of the right of land easement in accordance with the law. The analytical and evaluative stages provide an opportunity to attain a reasonable establishment of the location of the easement and achieve social and economic efficiency, environmental stability and preservation of the functional and planning potential of the territories / land plots. Keywords: public land easement, private land easement, land easement formation, easement land plot, object of engineering and transport system, technology of private land easements creation, technological model of public land easements creation.

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