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For obtaining the land in order to build the magistral pipeline a specific form of land expropriation is applied, namely the Right of servitude. The Right of servitude can be realized on the basis of established public interest, which can be defined according to the spatial plan of the relevant area. The Right of servitude is analyzed from the point of its influence on the respect of basic human rights of property owners to enjoy their property in safety and without disturbance. Current legal framework in Serbia that regulates procedures for acquiring land for the purpose of public interest allows for breach of private property rights. There is a mutual inconsistency between a number of decrees that regulate property rights for large infrastructural development projects. A specific, and possibly a greater problem, is the status of the local population, the land owner and other real estate. It concerns their awareness of their private and individual rights, as well as technical and o.
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Revista de Investigaciones Universidad del Quindío
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 .
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