The Concept of a Servitude and Its Role in Infrastructure Projects
Laying and operating a pipeline almost always involves crossing land plots belonging to different owners, and this is where the institution of the servitude, defined in Article 247 of the Civil Code, comes into play. Under the law, a land plot or other immovable property may be used — that is, encumbered — for the benefit of the owner of another land plot or other immovable property, so that this owner has the right, in individual cases, to use the encumbered plot, to prohibit certain actions on it, or to exclude the exercise of certain rights of the owner of the burdened plot. For energy infrastructure this means that a pipeline operator can obtain a lawful authority to act on the land without acquiring ownership, while the landowner retains title in exchange for compensation.