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My father bought a part of house in Shengavit administrative region with internal sales contract years ago. The parties had agreed that the entry to the house would be from the land of neighbor. My father died in 2000 and the son of the previous owner decided that he did not allow us to have entry from their own land anymore. As in the famous fable, my neighbor threaten us that he would bring an ax and cut the tree down every time when there is something wrong and announces that the land is his and he does not allow us to cross it.

KNARIK, Yerevan


The protection of property rights is the most important legal norm which is stipulated by the European Convention, by internal legislation and legal acts. It is called to protect the rights of property owners but it is not an absolute right and acts until the owner of the property does not violate the rights and the freedoms of others. In such and similar to such cases the legislative body tried to give a solution by granting an opportunity to use others land which is called easement (servitude). The easement could be of two types:

ü  voluntary,

ü  compulsory.

A voluntary servitude is established by a written agreement, certified by notarial procedure, between the person requesting establishment of the servitude and the owner of a neighboring parcel.

Compulsory servitude is established by the decision of the court in the absence of agreement between parties. The servitude for public needs (for example for gas removal system, for connection systems etc.) is established free (without any payment) and without time period.

You should know!

The servitude must be registered according to the provisions of the Law on State registration. According to the laws from Middle Armenia and Kilikia excluding the owners of the property from their property was considered as a crime. Moreover, there were no communication or water taxes.

Let’s discuss also the lands which are the objects of ownership. According to the current legal acts the state authority body is empowered to grant lands to the individuals if it proves that the lands belong to the state authority body itself and so it has a right to sell it.  In my opinion the object of ownership can be only the estate constructed on the land, the results of cultivation, the useful fossils granted from the land but never the land, the water, the air itself as they are absolute, created by the Absolute so they are not the subject to limitation. That means that they cannot be subject to sell and the sell of such property will result not only the example of “cutting the tree by an ax” but also soon the granting of lands and owing those will be widespread.

It is binding to understand the difference of the law and the right. The right is stipulated in the sky which is science about the kindness and the evil. The law is legal norm written on the paper and if the one which is written on the paper is not according what is on the sky it will stay on the paper and become destroyable power.