The right to land is enshrined in the Constitution of our country. Every citizen has the right to private, including land, property. Modern regulatory acts also define the concept of a land plot in the Land Code: this is the name of the part of the earth’s surface that has certain boundaries outlined in accordance with federal law.
Laws and Articles
Reforming our own legislation, our country could not ignore the legislation in the field of land relations, since land and its potential form the basis for the activities and lives of people.
The definition of a land plot is recorded in Article 11.1 of the Land Code of the Russian Federation. Borders are not the only sign of a land plot, this concept also includes belonging to a real estate allotment, which may be in private, municipal or state ownership. Permission for transactions with land was introduced relatively recently. For many years, the concept of land as an object of civil rights was inextricably linked with state regulation of land issues. For many years the land was not recognized as a type of property and was excluded from civil law relations. A unique opportunity to recognize land transactions legal appeared only in recent years. The concept and classification of rights to land became possible after the recognition of private ownership of land.
Acquisition and sale of land
Modern Russian legislation provides that every citizen of our country has the right to acquire or receive a land allotment and dispose of it of their own free will. Now the concept of a land plot can not be explained to citizens with non-legal education - land transactions, acts of sale, donation and inheritance of allotments have become commonplace. The phrase "land market" has become a common phrase that is often found on the pages of the media. All this became possible thanks to the deregulation of land legal relations.
Civil and land rights
The fate of the concept of a land plot as an object of civil rights was not easy. At the first stage, the legislators had the task in a very short time to create a code of laws guaranteeing the legal transfer of land into private property. In a hurry, such norms were adopted that could be interpreted ambiguously and ambiguously. So, at the second stage of lawmaking, it became necessary to introduce the concept of a land plot as an object of civil rights in accordance with the legal standards adopted earlier. So the Land Code was born, according to which all transactions with land on the territory of the Russian Federation are carried out.
Legal classification of land
Current legislation determines that the concept of a land plot should include an established type of use and belongs to a certain category. The RF Land Code divides the plots into seven categories, according to which the intended purpose of a given land plot is determined. Depending on the chosen category, the land can be divided into:
- agricultural plots;
- territories allocated for the construction of settlements;
- industrial territories allocated for the construction of industrial facilities;
- specially protected territories and objects (landfills, border lands);
- funds of the national land resource (reserves, reserves, etc.).
All classified land plots have their own type of permitted land use. This category defines how the land should be used. The uses of land may be the same for allotments belonging to different categories. For example, a cottage land plot can be used both as agricultural land and for building a house.
There are many types of permitted use. Most often, land is allocated for:
- agricultural work;
- personal subsidiary plots;
- gardening and horticulture;
- country building;
- farming;
- housing construction
It seems that the types of permitted land use are similar to each other, but there are fundamental differences between all of them. Land intended for summer cottage construction involves the construction of a temporary or permanent house in which you can (or cannot) register. In the country, you can also grow vegetables and fruits for personal use. But breeding animals in this area is not provided. Allotments with a permit for gardening can be built without the right to register real estate. But the plots intended for the construction of individual housing, can not be used for growing vegetables and fruits. Land intended for farming allows you to grow vegetables and fruits for sale, to breed pets. At the same time, the farmer agrees to register as an individual entrepreneur and pay tax.
Is it possible to change the type of land use
The concept land turnover provides that the land user can change the type of land use. To do this, you must contact the local administration with the appropriate application. The statement should indicate the reason for the change in the purpose of the land plot and provide documents such as:
- passport;
- cadastral plan;
- documents confirming the ownership of the land.
The issue of changing the type of appointment should be submitted to a public hearing, as a result of which, the administration either changes the type of land use, or refuses this with an indication of the reasons. With a positive decision, the cadastral plan changes, and the owner receives a new certificate of land. All costs for changing the type of land use are borne by the landowner.
Types of land rights
Each landowner has the right to own a land plot. But the types of rights are quite different, as are the documents proving these rights. A lot of work for lawyers is delivered by those citizens who do not understand the difference between the types of ownership and who challenge the original ownership of the land in numerous lawsuits. Consider the most common type of land right - the right of unlimited permanent use.
Indefinite use
The concept of the right of permanent unlimited use of a land plot is treated by law as a real right to land of persons who, in fact, are not the owners of the allotment. An unlimited right is granted on the basis of a legal act or other document certifying the right to use a land plot. If the terms of use are violated, the owner loses the right to use. Usually the loss of such a right is supported by a court decision.
There is also a tenure right. It is valid only during the life of the landowner and in special cases can be inherited. In this case, the landowner does not have any other rights.
Easement
There are land use concepts inherited from the complex traditions of European land law. Particular attention is paid to the so-called easements. This name has a limited right to use someone else's land. The easement is established on the basis of the voluntary desire of the owner or on the basis of a court decision. So a limited right may be involved in cases:
- providing passage through an adjacent section;
- laying engineering communications facilities;
- during the necessary land works (land reclamation, irrigation);
- others are needed, which can be realized only when establishing easement.
Part of the land
In the land code you can find the concept of part of the land. Such a name received a certain area of land, which with the help of agreed borders can be turned into an independent land allotment. Land plots can be arranged in the form of:
- Land share. This is the name of the conditional right to own one and the same plot, which belongs to several persons.
- A land share is a monetary expression of the value of a land share that is entered into the authorized capital of a legal entity.
The generally accepted notion of a land plot as a firmly delineated piece of land is incorrect, since it is possible to operate with this concept only when dividing any allotment into parts. This rule is confirmed by paragraph 1 of Art. 11.4 ZK. Thus, a land plot enters the legal field only after the legal division of the allotted territory. It is this interpretation of the law that is used in court in deciding land issues.