The institute of easement, as well as any other legal institute, contains the norms intended for regulation of the relations arising from the re-striction of the rights of the owner in interests of other persons which do not have full opportunity to take useful properties from using property without restriction of the rights of another owner. Today civil law insufficiently fully regulates the area of easements. The research objective was the analysis of the problems connected with imperfection of current legislation. Available gaps in the law lead to many problems in law-enforcement activity and do not allow fully interested persons to exercise subjective rights. By the results of research generalizing conclusions, in particular that today changes not only in respect of legislative fixing the order of the conclusion, essential terms of the contract on the establishment of necessary easement are drawn, but also the understanding of the owner, the question that the property right has unconditional character was required, but owing to the objective or subjective reasons can serve as restriction of the rights and legitimate inter-ests of the third parties.