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Legal Easements as Enablers of Sustainable Land Use and Infrastructure Development in Smart Cities

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  • Tomáš Peráček

    (Faculty of Management, Comenius University Bratislava, Odbojárov 10, 820 05 Bratislava, Slovakia)

  • Michal Kaššaj

    (Faculty of Management, Comenius University Bratislava, Odbojárov 10, 820 05 Bratislava, Slovakia)

Abstract

The issue of legal easements is a relatively rarely discussed topic among the professional public, and yet, even today, legal easements create space for the development of smart cities. Legal easements are restrictions on property rights that arise directly from the law, which means that the possible disagreement of the owner of the property concerned is irrelevant. The aim of this scientific study is to provide, based on a study of legislation, case law, and professional and scientific articles, sufficient information on this legal institution, which has its basis in the Civil Code. The scientific study also examines in detail the issue of legal easements and their role in the context of sustainable land use and infrastructure development in smart cities. In the study, we test the stated hypothesis that “Legal easements, as a legal instrument, effectively promote sustainable land use and infrastructure development in smart cities by enabling the integration of renewable energy, eco-mobility and green infrastructure without negatively impacting property rights, thus contributing to reducing conflicts between private property and public interest”. We use a number of scientific methods of research to analyse the current legal situation and the possibilities for the application of legal easements in the context of smart cities, including legal analysis, the comparative method, the method of synthesis, deduction, and historical interpretation. In particular, the methods in question were used to examine, historically describe and compare the current legislation on easements and their use in the management of urban space and infrastructure. The main results of the research include a detailed overview of the current legal status of easements and their limitations, which affect the possibilities of their application in the conditions of smart cities. The results suggest that if easements are effectively implemented they can make a significant contribution to optimising space, regulating access to public services, and protecting natural resources. This tool has the potential to enhance the quality of life in cities and promote sustainable urbanism through adaptive planning and management of urban space.

Suggested Citation

  • Tomáš Peráček & Michal Kaššaj, 2025. "Legal Easements as Enablers of Sustainable Land Use and Infrastructure Development in Smart Cities," Land, MDPI, vol. 14(4), pages 1-40, March.
    • Handle: RePEc:gam:jlands:v:14:y:2025:i:4:p:681-:d:1618721
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    References listed on IDEAS

    as
    1. Ibrahim Mutambik & Abdullah Almuqrin, 2024. "Employee Acceptance of Digital Transformation: A Study in a Smart City Context," Sustainability, MDPI, vol. 16(4), pages 1-21, February.
    2. Adriana Deac, 2021. "The Twelve Tables Law,The Most Important One From The Roman Law," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 10(1), pages 5-11, March.
    3. Andrea Nóblega Carriquiry & David Sauri & Hug March, 2020. "Community Involvement in the Implementation of Sustainable Urban Drainage Systems (SUDSs): The Case of Bon Pastor, Barcelona," Sustainability, MDPI, vol. 12(2), pages 1-19, January.
    4. Natalia Sajnóg & Katarzyna Sobolewska-Mikulska & Justyna Wójcik-Leń, 2019. "Methodology of Determination of the Range of Restrictions Related to the Existence of Transmission Devices on Private Land—Case Study of Poland," Sustainability, MDPI, vol. 11(14), pages 1-21, July.
    5. Tomáš Peráček & Mária Srebalová & Andrej Srebala, 2022. "The Valuation of Land in Land Consolidation and Relevant Administrative Procedures in the Conditions of the Slovak Republic," Administrative Sciences, MDPI, vol. 12(4), pages 1-14, November.
    6. Molatelo SEBOLA & Kola O. ODEKU, 2023. "An Analysis of Post-apartheid Land Reform Interventions Fostering Restoration of Dignity and Equality in South Africa," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 12(4), pages 597-617, December.
    7. Ginevra Balletto & Mara Ladu & Federico Camerin & Emilio Ghiani & Jacopo Torriti, 2022. "More Circular City in the Energy and Ecological Transition: A Methodological Approach to Sustainable Urban Regeneration," Sustainability, MDPI, vol. 14(22), pages 1-18, November.
    8. Zhanwen Que & Md. Ziaul Islam, 2024. "How to Conserve the Biodiversity on Collective Land in National Park: Conservation Easements in China," Land, MDPI, vol. 13(8), pages 1-17, July.
    9. Lingling Li & Haoran Gao & Bingjie Song & Caixian Cui, 2024. "How to Use Evidence Rules Reasonably to Resolve Land Disputes: Analysis of Typical Land Dispute Cases from China," Land, MDPI, vol. 13(8), pages 1-34, August.
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