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 us further consider the grounds and procedure for the emergence of land rights .
Institute specifics
The right of ownership is considered to be the most complete legal category in content. According to the Civil Code, a subject can own, operate and dispose of an object. A general description of the grounds for the emergence of land rights indicates that the definition given in civil law forms the foundation of all relations relating to property. However, there are a number of nuances that are taken into account in the norms. By fixing the grounds for the emergence of land rights, land law cannot exclude any provision enshrined in the Civil Code. This is due to the fact that the content of the institute, its individual industry should not change. At the same time, the fact that land is a specific legal object is taken into account. Accordingly, in the Civil Code there are provisions on the criteria for regulating relations relating to the implementation of the legal capabilities of owners. In particular, article 209 in paragraph three establishes that the exploitation, possession and disposal of land is free. However, the actions of the owners should not harm nature and encroach on the interests of others.
Classification of grounds for the emergence of land rights
The conditions for acquiring the legal capabilities of entities are provided for by the LC and CC. In accordance with civil law, there are grounds for the emergence of private ownership of land . Legal capabilities of persons are acquired:
- Under contract. He may fix the transaction of sale, exchange, gift or other form of alienation. Contractual grounds for the emergence of land rights are determined by Article 218 of the Civil Code.
- In the order of succession or as a result of succession in the reorganization of a legal entity. The relevant conditions are enshrined in paragraph 2 of Article 218.
- As part of the privatization of allotments in municipal or state ownership. The conditions for acquiring legal opportunities are established by 217 articles.
Legislation may provide for other grounds for the emergence of land rights . For example, the acquisition of legal opportunities is allowed in the order of acquisitive prescription. The grounds for the emergence of land rights by the state are fixed in Articles 17-18 of the LC. Legal opportunities are acquired:
- According to federal laws.
- According to the conditions provided for in the Civil Code.
- As part of the procedure for delimiting state ownership of land.
- With a gratuitous transfer from federal ownership. This condition applies to regions.
Article 19 of the LC fixes the grounds for the emergence of the right of municipal ownership of land . These include:
- Provisions of federal and regional laws adopted in accordance with them.
- As part of the procedure for delimiting state property.
- According to the conditions established in the Civil Code.
- With the free provision of objects from federal ownership.
Legislative acts establish cases in which registration of transactions with allotments is mandatory. The right of individual ownership is confirmed by a certificate.
Alienation
A transaction is the basis for the emergence and termination of land rights . It should be understood as the actions of entities related to the acquisition or alienation of duties and legal opportunities. Transactions in which land is the subject matter are concluded in writing. Only individually defined property may be alienated. Accordingly, it is necessary to attach to the contract a cadastral passport issued in accordance with the established procedure for the object. A transaction concluded without it may be declared invalid. All contracts, the subject of which is land, are state registered. Information about transactions is entered into the Unified State Register.
Mena and Gift
These grounds for the emergence of land rights have a number of specific features. Exchange and donation are carried out in the manner specified in the Civil Code. The LC does not establish special rules for such transactions. The Civil Code provides for certain restrictions. So, the condition for providing the site after the death of the owner-donor will be null and void. Refusal of an allotment after registration is recognized as voluntary. The right of ownership of a citizen in such a situation terminates and passes to the state.
Difficulty sharing
The main difficulty in the execution of the contract may be the assessment of the site as an immovable object. Difficulties are caused by the fact that, according to the rule established by Article 568 of the Civil Code (Clause 1), exchanged objects must be (are supposed) equivalent. The assessment is considered approximate if made by the parties. If agreement on the value of the property to be exchanged has not been reached, then the participants in the transaction can resort to the help of a specialist. If a professional appraiser determines that the value of the objects is not equivalent, the party offering the less valuable of them will have to pay extra.
Equal access
Acquisition of allotments in the property is carried out according to the principle enshrined 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:
- The owner of a structure or building located on a foreign land has the right to preemptively acquire or lease this land. This rule is established by Article 35 of the LC (paragraph 3).
- Foreigners, stateless persons, foreign organizations that are owners of structures, buildings located on other people's plots are vested with the right to preferential lease / purchase of this land. This rule is provided in paragraph five of the above article of the LC.
Inheritance
The procedure for implementing this ground for the emergence of land rights is regulated by the Civil Code and the UK. Key provisions include inheritance law. Succession is a one-way transaction. For its fulfillment, the will of one of the participants is sufficient. In particular, we are talking about the owner, who disposes of his property in case of death. Inheritance is carried out in accordance with 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 him to one or more people. However, they may not be among the successors of the law. The will is made in writing, certified by a notary.
Process specifics
In accordance with Article 1181 of the Civil Code, the allotment, the right of lifetime possession of it, belonging to the owner, is included in the estate and transferred on general grounds provided for in the Code. Their adoption does not require special permission. Upon the inheritance of a site or the right to own it for life, the soil (surface) layer, water bodies located within it, pass, among other things, unless otherwise provided by the rules.
Transfer of property from state or municipal ownership
In accordance with Art. 39.1 of the LC, the grounds for the occurrence of a change in the termination of land rights are as follows:
- The decision of the state authority or territorial self-government. The relevant act will serve as the basis for the emergence of land rights if it is transferred as part of privatization or into permanent operation (unlimited).
- Contract of sale. This document acts as the basis for the emergence of ownership of land , if it is acquired for a fee.
- Lease agreement. It acts as the basis for the emergence of the right to use land.
- Grant Allotment Agreement.
Important points
Plots located in municipal / state property, for the main types of permitted operation of which provides for the construction of structures, buildings, cannot be sold. The exception is cases defined by Art. 39.3 LC (paragraph 2), as well as during auctions in accordance with the rules of Art. 39.18 (for LPH, IZHS, KFH, 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 as otherwise specified in paragraph 2 of Art. 39.3 ZK. An allotment with established boundaries may be the subject of bidding. The seller is the executive structure of the territorial or state power, the organizer is the owner or a specialized organization operating in accordance with the contract. The decision to conduct tenders for the sale or rental of an allotment is made by the authorized body, including at the request of legal entities or citizens.
A special case
According to Article 35 of the LC, the basis for the emergence of ownership of land is the transfer to legal possession of a 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 preemptive right to purchase / rent land.
Exceptions
Alienation of a structure, structure, building located on the ground and belonging to one entity is carried out together with the site. However, the law provides for several exceptions. These include the alienation of buildings, buildings, structures:
- Located on plots taken out of circulation.
- Located in areas on the basis of easement.
Another exception concerns the part of the object that cannot be allocated in kind together with the share of the allotment. Alienation of a building located on land limited in circulation and belonging to one entity shall be carried out together with the land plot, if the relevant transaction is permitted by federal law.
Art. 44 ZK
Considering the grounds for the emergence of ownership of land , one can not help but say about situations when the legal possibilities are completed. This process can be forced or voluntary. For example, the basis for the emergence of land rights is the alienation of the object. When acquiring property, one entity gains, and the second loses its legal capabilities. Termination of rights may occur as a result of the owner’s refusal to own the land. These actions imply the voluntary expression of the will of persons. Forced termination of rights is determined by the seizure of land from the owner in accordance with the rules provided for in the LC and CC. Such cases include:
- Foreclosure on an allotment for the obligations of its owner.
- Non-use of the territory for its intended purpose.
- The use of the allotment in violation of the norms.
- Requisition of the site.
- Land acquisition for municipal or state needs.
- Alienation of the allotment that this person cannot own.
- Nationalization.
- Confiscation.
The above list of grounds for the forced termination of the rights of owners is considered exhaustive and not subject to broad interpretation.
Features of the order
The Constitution provides for the right of citizens to complete land-related transactions individually or jointly with other persons. Allotment of plots is carried out freely, if it does not harm the interests of other persons and does not harm nature. Citizens can alienate property in favor of any persons. Such actions should be documented in accordance with the requirements established by law. At the same time, the following are taken into account:
- Restrictions on the turnover of allotments.
- Special rules contained in the LC regarding certain types of contracts. For example, special provisions are provided for in relation to agreements for the sale of plots.
A citizen can dispose of property when making a unilateral transaction - drawing up a will. All actions related to the alienation of the object must be recorded.
Owner Failure
It is implemented by sending to the authorized body performing state registration of the corresponding application. In this case, the right of ownership will be terminated from the date the information is entered into the Unified State Register. Refusal is possible only in relation to allotments belonging to citizens and legal entities. The state, subjects and municipalities do not have such an opportunity. After the waiver of property rights in relation to the object, the ownerless property regime is established .
Allotments taken out of circulation
These include areas that are occupied by those in state ownership:
- National parks and nature reserves. Exceptions are objects established by Art. 95 ZK.
- Constructions, structures, buildings in which the Russian Armed Forces, other troops, their formations and bodies, military courts for permanent activities are located.
- Objects of the FSB, the FSIN and state security agencies.
- Buildings, structures, buildings that use atomic energy, storage facilities for radioactive compounds and materials.
- Objects, according to the types of activity of which administrative-territorial formations of a closed form are formed.
- Engineering facilities, communications, communication lines established to ensure the protection of the state border of the Russian Federation.
- Civil and military graves.
Objects limited in circulation
These include areas:
- Located within the boundaries of specially protected territories.
- Included in the forest fund.
- Within the boundaries of which there are water bodies belonging to the municipality or state.
- Occupied with particularly valuable cultural, historical, archaeological sites, as well as those included in the World Heritage List.
- Provided to ensure the security and defense of the state, the defense industry, customs.
- Located within the administrative-territorial formations of a closed form.
- Transferred to transport organizations. These include, but not limited to, sea and river ports, railway stations, airports and airfields, navigation and air traffic support facilities, terminal complexes within the zones of creation of transport (international) corridors.
- Provided to organizations of communication.
- On which space infrastructure facilities are located.
- Located under the hydraulic systems.
- Transferred to enterprises producing narcotic compounds and toxic substances.
- Contaminated with radioactive materials, hazardous compounds, subjected to biogenic exposure and other degradation.
- Located within the territories assigned to the reserve for municipal and state needs.
Limited in circulation also include areas located in the 1st and 2nd zones of the zones of sanitary protection of water bodies, which are designed to provide household and drinking supplies.