LawState and Law

Land user and landowner. It is the same?

Land tenure and land ownership are interrelated and practically inseparable concepts. But let's find out, the land user and the landowner are the same person or not. What are their main rights, duties and benefits in the legislative plan?

The essence of land tenure and land tenure is interconnected, inseparable from each other, the competence of owning and using land.

The concept of

A landowner is a person who has the actual right to own a particular piece of land. Landowners are distinguished:

  • On legal provisions in the taxation system;
  • On the terms of obtaining and transferring a piece of land to the property.

Land user - a person who, in accordance with the established procedure, is granted a piece of land for use. Here, on the one hand, the land plot is considered as a means of production, and on the other hand as an object of appropriation of the created product.

Why are these two concepts so inseparable from each other? First, the right to own land is manifested in the right to own a particular land plot, that is, its fencing, the establishment of certain prohibitions. Secondly, the right to own land already leads to the right to use it, which is established by the legislation of the Russian Federation and other documents.

Rights

The Land Code of the Russian Federation regulates certain rights that landowners and land users have. So, ch. 6 tbsp. 40, 41 and 43 provides the following rights:

  1. Self-management on its own land.
  2. Use for personal needs in accordance with the procedure established by law, minerals, fresh water, ponds located on the site.
  3. The construction of residential, industrial, cultural and residential buildings and other buildings in accordance with the designated purpose of the site, town planning regulations and observance of all necessary safety measures and standards.
  4. Carrying out irrigation, drainage, cultural and technical and other works in accordance with the legislation; Construction of ponds and other water bodies, taking into account ecological, construction, sanitary requirements and norms.
  5. Planting and sowing crops, obtaining agricultural products and income from its sale. Exceptions are cases where land is leased, unlimited or unrestricted use.
  6. Exercise of the rights to the land plot, unless otherwise provided by law.

Duties

Land user and landowner are persons who have not only rights, but also duties. The latter include:

  • Exploitation of the land plot with its purposeful appointment and application of those methods that do not harm the environment, in particular the land itself as an object of nature.
  • Preservation of land surveying, geodesic and other special signs, which are installed on the site in accordance with the legislation.
  • Implementation of environmental measures, in particular compliance with fire safety.
  • Timely start of land use, if this fact is stipulated by the agreement.
  • Timely payment of land tax.
  • Compliance with all town planning regulations when using a land plot.
  • Compliance and adherence to construction, environmental, sanitary, hygienic, fire regulations and rules.
  • Suppression of pollution, depletion, degradation, land and soil depletion on a particular land plot.
  • Fulfillment of other requirements, which are envisaged by the RF LC.

Land ownership

According to Ch. 3 ZK of the Russian Federation, the property on the ground happens:

  • Private. Landowners in this case are citizens who purchased land in accordance with the laws of the country.
  • State. Land users are physical and legal entities, municipal entities.
  • The Federal. Land rights belong to the Russian Federation.
  • Municipal. Here the landowner is a municipal entity.
  • Subjective. We are talking about land plots owned by the subjects of the Russian Federation.

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