Abstract: “The underground passage right of the oil and gas pipelines” refers to the right that the pipeline company holds to build and retain oil and gas pipelines in underground space of others.Based on the analysis of China’s existing legislation and the jurisprudence，the article thinks that the nature of this right should be underground construction land use right.If the pipelines are laid under the collective land，under the current law，the state will first expropriate the collective land and then sell it to the pipeline company.The article thinks if the collective can transfer underground space to the pipeline company directly that will be more conducive to the interests of the collective.In order to coordinate land use conflicts with other land rights holders，pipeline companies can take advantage of rules of adjacent relations and servitudes to deal with land use conflicts.

Key words: land, space, construction land use right, servitudes, oil and gas pipelines