The Research On The Public Easements

"Property Law" adopted in 2007 for the first time established the legal status of the Easement, but did not involve the public easement. Public easement originated in the traditional civil law easement which is an expansion of the traditional easement. Its purpose is to obtain state and public a right which requires of the real estate right holders or uses fulfilling some obligations for the public interests or the public needs. Public easement is very different from the traditional easement or the adjacent relationship. One hand, it meets the needs of social and public interests, on the other hand, it is also protect private rights, having a positive effect which is make up the shortfall of single public ownership and rational use of public resources.By observing the law of other countries and regions, under the environment of developed economic and sound legal system, the public easements play a promoting role. With the continuous development of our social and economic, various public facilities are also increasing. But the lack of public easements makes rights and obligations is not clear between the party to the use land and the party to provide land. This not only affects the construction of public facilities and the public to enjoy their benefits, it also harms the interests of the real property owner or user. So, it is an urgent need for social to establish the status of public easement. With the development of China’s economy, for clear rights and obligations and to resolve disputes, it is should learn from other countries or regions to ensure social harmony and stability.First, propose to pass legislation to establish the legal status of public easement, improve the achieved mode, try public law intervention private law. At the same time, delimit and define the scope by specific legal provisions, determine the compensation and relief of the rights of the servient tenement, establish a comprehensive public easements system.