A Legal Analysis On The Usage Of Land Occupied By Oil Pipes

Oil pipeline means between repository for pipeline transportation of oil and gas media users, usually through the underground space, due to the need for safe pipeline operations will affect or limit the use of surface land. However, with the development of industry, urbanization and land use in the administrative color will become increasingly unable to balance the interests of all interested parties to coordinate land-use time, and our pipeline has been no established system for the legal sense of the land, resulting in oil pipeline occupied land rights nature, content has no clear legal provisions. So many problems encountered in engineering practice, as land becomes more intense contradictions, unclear laws also resulted in judicial practice are becoming increasingly prominent. After China’s "Property Law" was promulgated, not only defined the types of land rights, content, name, etc., but also to establish a form of usufruct construction land use rights, easements, etc. Construction land use rights can not be good for the mediation pipeline has provided a way to solve the pipeline through land easement through the land problem. "Property Law" opened at a special chapter to 14 provisions of the easement regime for specialized requirements. Therefore, based on the easement system can solve the oil pipeline through the land of others in order to limit land use laws plight of others. In this paper, on the basis of brief introduction of the case, the application of relevant knowledge of the current law interpretation, the case in order to make readers better understand the system of easement role in the oil pipeline through the land.The first part of the case mainly describes the case of the case, which leads to the dispute focus to the case.The second part of the pipeline through the principle of land which provides an overview of the oil pipeline, and the case to case, comparative analysis of the pipeline by land and other forms of land use on land as well as the nature of the legal issues of the impact on different land, the land in question from lead pipes through further elaborated Western countries through the pipeline system and the relevant provisions of the land described in detail our pipeline through the legal issues involved in landThe third part combed for pipeline by land use current legislation in China. This part analyzes the current situation of the pipeline through land legislation, to our pipeline through the whole land legislation to make a summary presentation, and then elaborate pipeline through land conflict of laws issues in practice, and to prepare the ground for the fourth part.The fourth part of the pipeline route through the legal regulation of land. This section analyzes the oil pipeline through the land whether you can use construction land use right, neighbor relations, space right way easement adjustments carried out and analyzed the characteristics of their legal rights and ownership. Finally, the oil pipeline should be adjusted by land through easements ideas, combined with the case specifically addressed how the oil pipeline is adjusted by land easements, and finally to the problem addressed by this article.