Bumazhnikova Olga Viktorovna

Candidate of Law, a lawyer of Chamber of Lawyers of Tver region, legal office no. 213 (the Russian Federation, Tver region, Tver). 170042, Tver, 7 Nikitin Per. E-mail: bumazhnikova.olga@yandex.ru

347.214.2(470)

Х404.114(2)

In the work the author draws major attention to the necessity to establish the encumbrance of the land lot and the limits of such encumbrance, as well as considers a question of existence of a possibility of ensuring real estate normal operation, as a required element of encumbrance establishment. In the article there are specified the problems arising at the stage of encumbrance establishment and the existing gaps in the legislation of the Russian Federation on questions of servitude. In this connection the author makes offers on elimination of such gaps. Besides, studying such a concept as servitude, the author considers necessary the existence of such legal institute as encumbrance which at present remains poorly studied, but important both in the theory, and in jurisprudence.