The so-called easement refers to a kind of limited property right that the obligee on the land (including the land owner, the superficies owner, the farmland user, the pawnbroker and even the land lessee) can use other people's land by agreement in order to facilitate their own use of the land or improve the land use value.
Origin: the legislative value and mode choice of easement system. Modern Law, Shen, 2004.
Abstract: The relationship between neighboring right and easement is a long-debated issue. Some people use the so-called adjacency instead of easement, while others use easement instead. What is the relationship between them? When China's real right legislation is imminent, we must make an answer. On the basis of investigating their basic meanings and functions, it is pointed out that the difference between them lies in the basic guarantee and higher pursuit. Servitude also has the function of excluding or changing the application of adjacent relations, meeting people's requirements for diversification and stabilization of land use forms, having independent and sufficient legislative space and important legislative value, and should be stipulated in China's future property law on the premise of clarifying its name and legislative model.
Definition 2:
The so-called easement refers to the right to dominate the land of others for the convenience of one's own land. It is the earliest usufructuary right. It is on this basis that usufructuary rights, easements, superficies, mortgages and so on gradually emerged.
From: Real Right Legislation and Land Management —— Yan Jin of China Renmin University ... Land of China, Tang, 2005.
Definition 3:
First, the difference between neighboring rights and easements The so-called easements, the traditional concept refers to the right to use other people's land for the convenience of their own land. The land that undertakes the easement is called the easement, and the land that uses the easement is called the easement.
Source: On China's easement legislation, Journal of Guangdong Administration College, Liu, Shang Xuezhong, 2004.
Abstract: There are essential differences between easement and neighboring rights. China's easement legislation should clearly stipulate the name, subject, space easement, restriction, setting principle and registration of easement.
Definition 4:
"Easement" refers to the right of one of the adjacent parcels to use other parcels in a special way. (3) Differentiated ownership in a broad sense refers to a compound right composed of exclusive partial ownership, * * partial decentralization and rights based on it.
Excerpt from: Land Registration in Queensland, Australia and Its Enlightenment "china land science" 2005 Zhu, Dai and Feng.
Abstract: The purpose of this paper is to investigate the history, present situation and future development direction of the land registration system in torrance, Queensland, Australia. Research methods: field investigation. The results show that the "land" in Queensland law is "real estate"; The history of land registration in Queensland has gone through three stages; Since the introduction of 186 1, the registration system in torrance has developed into an "Automated Rights System (ATS)" with distinctive features and complete system. The future development direction is to abandon paper documents and fully realize digitalization. Research conclusion: The land registration system in torrance is extensive and profound, with rich and detailed connotation, strong operability, high degree of automation, stability and high efficiency, and great economic contribution, which has reference significance for establishing a perfect real estate registration system in China.
Definition 5:
Easement refers to the right to use the land owned or used by others for the convenience of their own land. The reason why this property right is added is because the neighboring relationship and land use right lease stipulated by the current laws in China can not meet the actual needs satisfactorily.
Source: structural principle was selected in Law and Social Development of China Property Law 65438+ Cui Jianyuan 0995.
The structural principle of property law plays a pillar role in the system structure of property law. What kind of structural principles are configured in the property law directly determines the state of the system structure of the property law. Under the socialist market economy system, what kind of structural principles should be chosen for the property law specially formulated in China? Through detailed and in-depth discussion, the following conclusions are drawn: due to the absoluteness of real right, it should be regarded as a structural principle, which is embodied in the principles of legalization of real right, priority of real right, publicity and public trust, but the principle of independence and invalidity of real right behavior should be ruled out in China's real right law.
Definition 6:
Among them, "easement" refers to the right of land rights holders (including land use rights holders and underground space rights holders) to require relevant land rights holders to provide some convenience for using their own land.
From: Walking in the game of "planned control" and "market operation" ... Modern urban research Gu Xin 2005
Abstract: The core of legislation and management of underground space utilization is the treatment of "underground space right" and "adjacent relationship". Establishing the "underground space right" through legislation embodies the principle of maximizing fairness and can take the initiative from the legal point of view. However, under the current system, the management of space domain with complex property rights is still difficult and needs to be studied.
Definition 7:
Therefore, in theory, the so-called easement refers to the real right to use his land in order to realize the interests of his own land. Third, it should be amended in the form of constitutional amendment.
Origin: Comparative Study on the Basic System of Easement ── Also on the Easement of China ... Journal of Hunan University of Political Science and Law Management Edition, 1999.
Definition 8:
The easement here mainly refers to the agreed rights based on adjacent interests, because the content of voting rights in common law system is much richer than that in civil law system. At present, there are two representative views on the understanding of administrative behavior: one is that "administrative behavior refers to the legally meaningful behavior made by the administrative subject in the process of implementing administrative activities and exercising administrative power."
From: Understanding Neighboring Rights in Modern Sense Law and Social Development 1999 Peng
Definition 9:
Easement refers to "the right of the easement owner to use other people's land for his own cheap use according to the purpose set by the set behavior" and "the traffic lane is still clear". After the buyer buys the land, the original road lane is still open and cannot be changed.
Source: Introduction of Gao Chang's deeds and vouchers "Journal of guizhou minzu university (Philosophy and Social Sciences Edition)" Xie Quanfa, 2000.
Abstract: Gaochang is located in the former site of Gaochang in the southeast of Turpan County, Xinjiang. Gao Chang's discovery of ancient documents began in the early 20th century. However, most of the early unearthed documents were stolen by foreigners. Many so-called "Stan Literature", "Orange Literature" and "Otani Literature" are from Gaochang. After the founding of New China, from 1959 to 1975, China archaeologists excavated more than 40 tombs from the Jin Dynasty to the Tang Dynasty in Astana and Halahezhuo villages near Gaochang site, and obtained a large number of remarkable and precious documents. More than 2,700 unearthed documents, many of which are deeds. This provides rich and detailed valuable information for studying the relationship between creditor's rights and debts in Gaochang period. There are more than 250 deeds and vouchers unearthed in Gaochang (including several cursive scripts and exercise books), including buying and selling, lending, leasing and employment. It covers fields, houses, vineyards, fruit trees, horses and cattle, camels, brocade, training, food, money, handmaiden and so on. Most of these deeds and certificates are reused, and because of their age, most of them are damaged to varying degrees, some are only a few words, and of course a few are relatively complete. This paper tries to make a brief introduction to Gao Changqi, hoping to be beneficial to the study of Gao Changqi's legal system.
Definition 10:
Farming easement and building easement are collectively referred to as easement. From the original types of easements, most of them are to ensure the normal use of various use values, in other words, to coordinate the use of adjacent real estate. However, this does not mean that the application scope of easement is limited to this.
Source: On the Scope of Application of Modern Law on Easement, Zhang Peng, Cao Shiquan, 2000.
Abstract: At present, domestic scholars define the application scope of easement as the reconciliation of real estate utilization. However, based on the empirical investigation of Roman law and other countries' legislation, the author thinks that the application scope of easement is not limited to this, and the use form of various things can be adjusted according to the purpose of the parties, and some examples are put forward.