The Polish Civil Code provides for three types of easements (servitude), namely easement in gross (personal servitude), easement appurtenant (predial servitude) and transmission easement ...(transmission servitude), each with a specific function within the legal system. The first two types of easement have emerged out of Roman law tradition. It should be pointed out that the traditional understanding of the purpose of easement is not sufficient or optimal, considering the changing social and economic realities of today. This would justify a renewed debate as to the purpose of establishing and maintaining particular types of easement on property. Also, easement could see more extensive use in legal practice once its definition is fixed. This paper presents de lege lata conclusions and de lege ferenda postulates, speculating on the most desirable future directions in which the functions of easement could evolve in order to best serve the needs of various civil-law transactions.
The right of servitude as a real right enjoys the same rights as other real rights. Among these rights is the protection of the right of servitude in case it is violated by persons who are not ...holders of this right. Based on the local legislation as well as that of other countries, the holder of the right of easement has the right to protect the right of easement in case that right is violated by someone else, and not only the holder of the right but also the owner of the servient property in case it finds that the holder of the right of servitude does not use the right that he has, or in the case that he finds that the holder of the right of servitude uses that right causing damage to the owner of the servient property! All this based on the judicial practice that the parties seek the protection of the right of real servitude, as well as the right holder and the owner of the servient property, we have tried to show through this paper in short points how a right can be protected of real servitude based on local law and that of international countries!
The drivers of individual landowners' adoption of conservation easements have been well-studied. However, the role and relative predictive power of drivers at the community, rather than individual, ...scale have not. This study employs diffusion of innovations theory to examine easement adoption in Virginia at the community scale, using geospatial analysis as well as surveys and interviews with easement practitioners. Geospatial modeling results suggest that community-level easement likelihood can be predicted well, but community-level predictors differ from typical individual-level predictors. The literature suggests that easement adopters are typically wealthier, more educated, and less land-dependent. The communities containing easements in our study were generally less wealthy, less educated, and more economically dependent on the land. Data collected from practitioners highlighted the importance of community-scale forces in predicting patterns of easement adoption, including community cohesion, aspects of local land-use planning, and the influence of change agents and opinion leaders.
In the U.S. the Natural Resources Conservation Service (NRCS) administers the Wetland Reserve Program (WRP) that funds the restoration of wetlands on privately-owned lands under conservation ...easements. These programs provide a number of potential benefits to landowners along with the wetland including access roads and reduced property taxes on the easement land. To receive these benefits, landowners agree to limit development opportunities on their land but can continue to use it for other activities such as hunting, fishing, viewing wildlife, haying, or extracting wood for personal use. We surveyed 35 participants in the NRCS program in northeastern New York State to measure factors associated with willingness to enroll land in the WRP program beyond direct monetary incentives. In addition, we conducted follow up interviews with eight program participants to enhance our understanding of landowners’ motivations to participate in the programs. We found that valuing the conservation aspects of wetlands, being retired and a female respondent were associated with willingness to enroll lands without compensation. In addition, qualitative interviews provided context to these findings such that landowners enrolled land due to 1) lived experience with wetland use and preservation; 2) a conservation ethic in regards to preserving nature; and 3) the desire to use the restored wetland as a ‘showcase’ for family and community members.
Modern land protection and biodiversity conservation depend greatly on the application of land trust. With the accelerated development of land trust organizations, the land trust has become the most ...effective land conservation method. Land trusts have been widely used in the ecological protection of nature reserves abroad and have achieved remarkable results. The research on international land trusts has important reference value for the innovation of ecological protection models of China's nature reserves. This study aims to explore the research hotspots of international land trust conservation, clarify the evolution of related knowledge, and provide a reference for domestically related theoretical research and practical work. The research results show the following: (1) From the perspective of the publication trend, the number of international research publications increased exponentially from 1997 to 2021, and the research involves a wide range of disciplines. (2) In terms of research hotspots, land trust and private land protection, the impact of and response to climate change, and the trust mechanism in collaborative governance constitute three hot research topics. (3) From the knowledge base of the research, the international land trust research has formed seven knowledge clusters with clear boundaries, and five key documents with the theme of conservation easements constitute an important knowledge base in this field. (4) Land trust conservation easement as private law can effectively make up for the deficiency of public law. These findings can provide help and reference for domestic land conservation, as well as the reform of China's ecological civilization system.
Conservation easements (CEs) play an important role in the provision of ecological services. This paper aims to use the open-access Sentinel-2 satellites to advance existing conservation management ...capacity to a new level of near-real-time monitoring and assessment for the conservation easements in Nebraska. This research uses machine learning and Google Earth Engine to classify inundation status using Sentinel-2 imagery during 2018–2021 for all CE sites in Nebraska, USA. The proposed machine learning approach helps monitor the CE sites at the landscape scale in an efficient and low-cost manner. The results confirmed effective inundation performance in these floodplain or wetland-related CE sites. The CE sites under the Emergency Watershed Protection-Floodplain Easement (EWPP-FPE) had the highest inundated area rate of 18.72%, indicating active hydrological inundation in the floodplain areas. The CE sites under the Wetlands Reserve Program (WRP) reached a mean annual surface water cover rate area of 8.07%, indicating the core wetland areas were inundated periodically or regularly. Other types of CEs serving upland conservation purposes had a lower level of inundation while these uplands conservation provided critical needs in soil erosion control. The mean annual surface water cover rate is 0.96% for the CE sites under the Grassland Reserve Program (GRP). The conservation of the CEs on uplands is an important component to reduce soil erosion and improve downstream wetland hydrological inundation performance. The findings support that the sites with higher inundation frequencies can be considered for future wetland-related conservation practices. The four typical wetland-based CE sites suggested that conservation performance can be improved by implementing hydrological restoration and soil erosion reduction at the watershed scale. The findings provided robust evidence to discover the surface water inundation information on conservation assessment to achieve the long-term goals of conservation easements.
Context
With underrepresentation of habitats in publicly protected areas, attention has focused on the function of alternative land conservation mechanisms. Private conservation easements (CEs) have ...proliferated in the United States, yet assessing landscape-level function is confounded by varying extent, resolution, and temporal scale.
Objectives
We developed and tested an assessment tool to evaluate interacting spatial, social, and environmental attributes of easements relative to the degree of human modification (HM). We hypothesized that on both private and public conservation properties HM would be lower than on non-conserved parcels, and that for fine-scale features (most CEs), the level of HM would be driven by the variables used to create the coarser scale HM measure.
Methods
Variation in HM between private, public, and non-conserved was tested via pairwise parcel sampling. Composition was evaluated using multiple geographic bounds and edge characteristics. We assessed both environmental and social predictors using multinomial logistic regression.
Results
Privately conserved lands did not differ significantly from non-conserved lands. Publicly conserved lands had lower HM than both privately conserved and non-conserved lands. Edge contrast was similar between private and matched non-conserved patches. The level of HM was not driven by distance to roads, or by elevation in this mixed-use setting.
Conclusions
Variation in tests for differences, land characteristics, and HM variables confirmed the significantly lower HM of publicly protected lands, and opens the question as to naturalness of easements in some contexts. CEs in this location may be representative of the mixed rural-forested landscape instead of more natural land cover.
The right of servitude as a real right enjoys the same rights as other real rights. Among these rights is the protection of the right of servitude in case it is violated by persons who are not ...holders of this right. Based on the local legislation as well as that of other countries, the holder of the right of easement has the right to protect the right of easement in case that right is violated by someone else, and not only the holder of the right but also the owner of the servient property in case it finds that the holder of the right of servitude does not use the right that he has, or in the case that he finds that the holder of the right of servitude uses that right causing damage to the owner of the servient property! All this based on the judicial practice that the parties seek the protection of the right of real servitude, as well as the right holder and the owner of the servient property, we have tried to show through this paper in short points how a right can be protected of real servitude based on local law and that of international countries!
Real servitudes are property rights in foreigners' things (iura in re aliena), in which the titleholder uses others' property to benefit his property. This research aims to analyse the creation of ...the right of real servitude based on contract as legal title. The analysis specifically examines the provisions of the law of property and other real rights of Kosovo no. 57/2009 and the law on obligation relations of Kosovo no. 16/2012 that do not provide enough specification and clarifications for the content and this type of contract. The isolated analysis only in the provisions of Kosovo law is insufficient for clarification without comparison with the legislation of other countries. Therefore, the Kosovo law is compared with the civil codes of France, Austria, and Germany, aiming to identify similarities, differences, and legal concepts. The work is based on a literature review and normative, comparative, and empirical methods. The research results answer the questions related to the content, form, and type of the contract as a legal title. It shows that Kosovo law, even though it has some similarities with the French civil code when it comes to the conditions of the valid contract, however Kosovo law differs as follows: a) the contract is not the only condition for acquiring the right of real servitude, but the registration is also needed, b) the content of contract must be based on the interaction of provisions of the law on property and the law on obligation relations, c) the same contract is obligation relationship in nature, but it also serves for the transfer of right and registration of the real servitudes. In this sense, it is concluded that Kosovo law is closer to the Austrian Civil Code and German Civil Code. However, it is not a pure German legal concept since it requires two contracts: a contract of obligation and a contract of transfer of real rights.
The aim of the article is to present the essence of the concept of transmission easement against the background of legislative changes in the last decade, as well as the characteristics of the ...institution of transmission easement and key problems related to transmission equipment and the evaluation of transmission easement. The article identifies and classifies issues related to the institution of transmission easement on the basis of a critical analysis of the literature, legal regulations and court decisions.
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