Grounds for the emergence of land rights: the definition of the concept

A general description of the grounds for the emergence of land rights is given in the LC. Article 25 of the Code says that legal opportunities appear on the terms fixed by federal laws and the Civil Code. . Let's consider further bases and the order of occurrence of the rights to the ground .

Specificity of the Institute

The right of ownership is considered the most complete legal category in content. According to the Civil Code, the subject can own, operate and manage the facility. General characteristics of the grounds for the emergence of land rights indicate that the definition given in the civil law forms the foundation of all relations relating to property. At the same time, there are a number of nuances that are taken into account in the norms. не может исключать какое-либо положение, закрепленное в ГК. Fixing the grounds for the emergence of land rights, land law can not exclude any provision enshrined in the Civil Code. This is due to the fact that the content of the institute should not be changed by its separate branch. At the same time, the fact that land is a specific legal object is taken into account. Accordingly, the Civil Code contains provisions on the criteria for regulating relations relating to the realization of the legal capabilities of the holders. In particular, Article 209, paragraph 3, states that the exploitation, possession and disposal of land plots is free. However, the actions of owners should not cause damage to nature and encroach on the interests of others.

Classification of grounds for the emergence of land rights

Conditions for the acquisition of legal capacity of entities are provided for by the LC and the Civil Code. . In accordance with civil law, the basis for the emergence of private ownership of land . Legal opportunities for individuals are acquired:

1. Under contract. He can fix the transaction of purchase and sale, exchange, donation or other form of alienation. определены 218 статьей ГК. Contractual claims of the emergence of land rights are defined by Article 218 of the Civil Code.
2. In the order of inheritance or as a result of succession in the reorganization of the legal entity. The corresponding conditions are enshrined in the second paragraph of article 218.
3. As part of the privatization of allotments in municipal or state ownership. Conditions for the acquisition of legal capacity are established by 217 articles.

. Legislation can provide for other reasons for the emergence of rights to land . For example, the acquisition of legal opportunities is allowed in the order of acquisitive prescription. у государства закрепляются 17-18 статьями ЗК. Grounds for the emergence of land rights from the state are secured by articles 17-18 of the ZK. Legal opportunities are acquired:

1. According to federal laws.
2. Under the conditions stipulated in the Civil Code.
3. As part of the procedure for delineating state property to land.
4. With gratuitous transfer from federal possession. This condition is valid for the regions.

. In Article 19 of the Law, the grounds for the emergence of the right of municipal ownership of land are fixed. They include:

1. Provisions of federal and regional laws adopted in accordance with them.
2. As part of the procedure for distinguishing state property.
3. Under the conditions established in the Civil Code.
4. At gratuitous granting of objects from federal possession.

Legislative acts have established cases in which registration of transactions with allotments is mandatory. The right of individual property is confirmed by a certificate.

Alienation

выступает сделка. A deal is the basis for the emergence and termination of land rights . It should be understood as the actions of entities associated with the acquisition or alienation of duties and legal opportunities. Transactions in which the object is land, are concluded in writing. Only individual property can be alienated. Accordingly, to the contract it is necessary to attach the cadastral passport issued in the established order to the object. A transaction concluded without it can be declared invalid. All contracts, the subject of which is the land, are state registration. Information on transactions is made in the Unified State Register of Enterprises.

Mena and donation

имеют ряд специфических черт. These grounds for the emergence of land rights have a number of specific features. Mena and donation are carried out in the manner specified in the Civil Code. In the LC there are no special rules for making such transactions. In the Civil Code there are certain restrictions. So, the condition of granting a site after the death of the owner-donor will be insignificant. Refusal of an allotment after registration is recognized voluntary. The right of ownership of a citizen in this situation ceases and passes to the state.

Difficulties of exchange

As the main difficulty in the preparation of the contract may be an assessment of the site as an immovable object. Difficulties are due to the fact that, according to the rule established by Article 568 of the Civil Code (Clause 1), exchangeable objects should be (assumed) to be equivalent. An estimate is considered indicative only if it is made by the parties. If the agreement on the value of the property being exchanged has not been reached, then the participants in the transaction may resort to the assistance of a specialist. If a professional appraiser establishes that the value of the objects is not equivalent, then the party offering the less valuable of them will have to pay in addition.

Equal access

Acquisition of allotments in the property is carried out according to the principle fixed in Article 15 of the LC. The norm assumes equal access of subjects to obtaining property in legal possession. However, there are several exceptions to this principle:

1. The owner of a building or a building located on someone else's land has the right to preferentially purchase or lease this land. This rule establishes Article 35 of the LC (paragraph 3).
2. Foreigners, stateless persons, foreign organizations that own buildings or buildings located on other people's plots are entitled to a primary lease / purchase of this land. This rule is provided for in paragraph 5 of the above article of the LC.

Inheritance

регламентируется ГК и СК. The procedure for the implementation of this ground for the emergence of land rights is regulated by the Civil Code and the UK. The key provisions contain hereditary legislation. Succession is a one-way deal. To do it, one will have the will of one of the participants. In particular, we are talking about the owner, who disposes of his property in case of death. Inheritance is carried out according to the law or by will. It is a universal succession, in which citizens usually act as subjects of law. Each individual can bequeath the property that belongs to it, to one or several people. However, they may not be a successor to the law. The will is drawn up in writing, notarized.

Process Specificity

In accordance with the 1181 article of the Civil Code, put on, the right to lifelong possession of it, belonging to the owner, are included in the hereditary mass and pass under the general grounds provided for in the Code. They do not require special permission. When the site or the right of life for the inheritance is transferred, among other things, the soil (surface) layer, water objects located within it, passes unless otherwise stipulated by the norms.

Transition of property from state ownership or MO

In accordance with Art. 39.1 CC, the grounds for the change in the termination of land rights are as follows:

1. The decision of the state authority or territorial self-government. , если она передается в рамках приватизации или в постоянную эксплуатацию (бессрочно). The relevant act will act as the basis for the emergence of land rights , if it is transferred in the framework of privatization or in permanent operation (perpetually).
2. Contract of sale. , если она приобретается за плату. This document serves as the basis for the emergence of ownership of land , if it is purchased for a fee.
3. Lease agreement. It acts as the basis for the emergence of the right to use land.
4. Agreement on gratuitous provision of allotment.

Important points

Sites in municipal / state ownership, for the main types of permitted exploitation of which construction of buildings and buildings are envisaged, can not be sold. Exceptions are cases defined by Art. 39.3 ZK (paragraph 2), as well as in the conduct of auctions under the rules of Art. 39.18 (for private household plots, IZhS, peasant farms, etc.). Features of the procedure for the sale of such allotments are established in Article 37 of the Code. In general, the sale of land in municipal / state ownership is carried out at auction. They are organized in the form of auctions, except for the cases specified in paragraph 2 of Art. 39.3 ZK. As an object of bidding, an allotment with established borders can act. The seller is the executive structure of the territorial or state power, the organizer is the owner or a specialized organization acting in accordance with the contract. The decision on conducting tenders for the sale or lease of the allotment takes an authorized body, including, upon application of legal entities or citizens.

A special case

переход в законное владение сооружения, здания, строения, находящегося на ней. According to article 35 of the LC, the basis for the emergence of ownership of land is the transfer to the legal ownership of the structure, building, structure, located on it. At the same time, the new owner acquires legal opportunities in the same volume in which the seller had them, taking into account the shares (for several owners). In the latter case, the owner of a part of the building, building, structure has the pre-emptive right to purchase / lease land.

Exceptions

The alienation of a structure, structure, building located on the ground and belonging to one subject, is carried out together with the site. However, the law provides for several exceptions. These include the alienation of buildings, buildings, structures:

1. Located on the allotments, withdrawn from circulation.
2. Located on sites on terms of easement.

Another exception concerns part of the object, which can not be identified in kind, together with the share of the allotment. The alienation of the structure located on the land, limited in turnover and owned by one entity, is made together with the site, if the relevant transaction is permitted by federal legislation.

Art. 44 ZK

, нельзя не сказать о ситуациях, когда действие юридических возможностей завершается. Considering the grounds for the emergence of land ownership , one can not help saying about situations when the operation of legal possibilities is over. This process can be forced or voluntary. For example, the basis for the emergence of rights to land is the alienation of the object. When acquiring property, one entity receives, and the second - loses its legal capabilities. Termination of rights may occur as a result of the owner's refusal to own the site. These actions presuppose the voluntary will of the persons. Forced termination of rights is due to the withdrawal of land from the owner under the rules provided for in the LC and the Civil Code. To such cases carry:

1. The foreclosure on the allotment for the obligations of its owner.
2. Non-use of the territory for its intended purpose.
3. Operation of the allotment in violation of norms.
4. Site requisition.
5. The seizure of land for municipal or state needs.
6. The alienation of allotments that this person can not own.
7. Nationalization.
8. Confiscation.

The above list of grounds for the compulsory termination of the rights of owners is considered exhaustive and is not subject to broad interpretation.

Features of the order

The Constitution provides for the right of citizens to carry out land transactions in person or jointly with others. The disposal of allotments is free, if it does not damage the interests of other persons and does not harm nature. Citizens may alienate property in favor of any person. Such actions should be documented in accordance with the requirements established in the legislation. In this regard, in consideration:

1. Restrictions on the viability of allotments.
2. Special rules contained in the LC regarding certain types of contracts. For example, special provisions are provided for purchase and sale agreements for land plots.

The citizen can also dispose of property when making a one-sided transaction - the execution of a will. All actions related to the alienation of the object must be registered.

Owner failure

It is implemented by sending the relevant application to the authorized body that produces the state registration. The ownership right in this case will be terminated from the date of entering information into the EGRP. Refusal is possible only with respect to allotments belonging to citizens and legal entities. The state, the subjects and the Ministry of Defense do not have such an opportunity. After the renunciation of the property rights in respect of the object, the mode of ownerless real estate is established.

Assets taken out of turnover

These include the plots that are occupied by those in state ownership:

1. National parks and nature reserves. Exceptions are the objects established by Art. 95 ZK.
2. Buildings, structures, buildings in which the RF Armed Forces, other troops, their formations and bodies, military courts for permanent activities are located.
3. Objects of the FSB, FSIN and state security bodies.
4. Buildings, structures, buildings in which nuclear energy is used, points of storage of radioactive compounds and materials.
5. Objects, according to the types of activity of which are formed administrative-territorial formations of a closed type.
6. Engineering and technical facilities, communications, communication lines established to ensure the protection of the State Border of the Russian Federation.
7. Civil and military graves.

Restricted objects

These include the following areas:

1. Located within the boundaries of specially protected areas.
2. Included in the composition of the forest fund.
3. Within the boundaries of which there are water objects belonging to the municipality or the state.
4. Occupied especially valuable cultural, historical, archaeological sites, as well as included in the List of World Heritage.
5. Provided for ensuring the security and defense capability of the state, OPK activities, customs.
6. Located within the administrative-territorial formations of a closed type.
7. Transmitted to transport organizations. These include, among others, sea, river ports, railway stations, airports and airfields, navigational support facilities for navigation and air traffic, terminal complexes within the zones of creation of transport (international) corridors.
8. Granted to communication organizations.
9. On which the objects of space infrastructure are located.
10. Located under hydraulic engineering complexes.
11. Transmitted to businesses that produce narcotic compounds and toxic substances.
12. Contaminated with radioactive materials, hazardous compounds, exposed to biogenic effects and other degradation.
13. Located within the territories, classified as a reserve for municipal and state needs.

The areas located in the 1 st and 2 nd belts of zones for the sanitary protection of water bodies, which are intended for provision of household and drinking supplies, are also considered to be limited in turnover.