Servitute de trecere. Fond aservit - imobil proprietate publică

Abstract

Right of way. Servient tenement - State-owned real estate

Since the only way established by expert for this easement sought by the applicant is particularly onerous with respect to the defendants, as the expert identified and established another variant of the right of way which would encumber a State-owned land on which there is a stream, even if one goes over the conduct of the applicant, considering that the land the applicant owns has become a no through place independently of its actions or omissions, one could still not establish the right of way as it has been claimed.

The fact that the State-owned land could be encumbered by the right of way is not an impediment to its encumbrance, both doctrine and judicial practice ruling to that effect.

- Constituţia României: art. 136 alin. (4)

- Legea nr. 213/1998: art. 11, art. 13

- Codul civil: art. 576, art. 586, art. 616

- Noul Cod civil: art. 602, art. 603, art. 617-620,...