The right to life ownership of the land was enshrined in the Land Code back in 1991. When the new legislation came into force, this legal category was retained with certain reservations.
Normative base
As the 265th article of the Civil Code establishes, citizens can acquire an allotment for life on the grounds and rules enshrined in the RF Land Code . We are talking about plots located in municipal or state property.
Before the introduction of the new ZK, individuals could acquire allotments in perpetual possession without registering them as property.
The specifics of the legal status of the land
Legislation previously allowed the possibility of a person to erect, on a site owned by the state or municipality, buildings, utility buildings, and other structures. In addition, the transfer of land was provided by inheritance .
Due to the fact that the owner of such allotments was the state or the municipality, the owners could not sell, exchange, donate such land.
The modern RF RF does not provide for the possibility of transferring allotments to inherited ownership. However, today there are quite a lot of citizens for whom the land is secured on this right. These persons have the right to transfer such allotments for inheritance.
Registration of a land plot in the latter case is carried out on the basis of a certificate.
Features of law
Inherited lifetime possession of a land plot , in fact, is a kind of property right with certain restrictions.
The fact that an individual has a certificate certifying his right greatly facilitates the subsequent registration of the allotment in the property. Prior to state registration, the law allows land ownership according to the rules similar to permanent use.
It must be emphasized that the right holder can only be an individual.
General conditions for state registration
So, the only legal action that the owner can perform is to transfer the land by inheritance. Registration of property is carried out in the presence of the following documents:
- Certificate of inheritance. Previously, it was issued by the administration of the settlement (rural district) or the Committee on Land Resources and Land Management of the district at the location of the allotment.
- Cadastral passport. It should be said that this document should not indicate the boundaries of the site, established in the process of surveying.
Controversial issues
In modern practice, notarial and registration authorities often raise a question regarding the subject of inheritance. In particular, if the testator was the owner of the right of ownership, what exactly is transferred to the successors: the site itself or, in fact, the right to it?
As the 1181st article of the Civil Code establishes, inheritance rights belonging to the subject are included in the inheritance. Therefore, they are transferred according to the general rules enshrined in law. To accept the inheritance, which includes the right in question, you do not need to receive any special permission.
Similar provisions are enshrined in the Land Code. The second paragraph of Article 21 contains an indication of the transfer of property rights, and not of the site itself to successors.
These rules are confirmed by the norms of the federal law regulating the procedure for state registration of various real estate objects, which include, among other things, land. The provisions of this act state that registration of rights passing to successors is mandatory. The rules of the law also establish a special procedure for its implementation.
Land ownership transfer
The certificate of inheritance is issued by a notary or another person with the necessary powers (the right to carry out notarial acts) at the place of opening of the inheritance file.
The Civil Code establishes the deadline by which an interested person can apply for a document. A certificate for inherited lifetime possession of a land plot is issued after 6 months. after opening the case.
Exceptions
The legislation allows the issuance of a certificate of inherited lifetime possession of the land and the previously established 6 months.
This is permissible, for example, if, in addition to those persons who applied to the notary, there are no other successors. This fact must be documented.
Termination of ownership
It is possible for three reasons:
- Registration put on the property.
- Refusal of the owner of his right.
- Forced termination.
The first case has already been considered above. With regard to the abandonment of lifetime inherited possession of the land , it should be voluntary. In this case, the subject must understand the consequences of their actions. It is impossible to return the right subsequently.
Forced termination of ownership
It is an administrative measure that is applied on the basis of the provisions of Article 54 of the LC by the authorized body in case of violations by the land user of the rule of law. For example, it can be misuse of the allotment, a significant deterioration in the condition of the soil, the environmental situation when owning a plot assigned to agricultural land, systematic evasion by a person of land tax, and so on.
The basis for the forced termination of ownership is a court decision.
Special conditions for registration of ownership
It should be noted that citizens using sites under the right of life tenure can register ownership right to them once. State registration is free of charge. Only fees provided by law may be levied. Withholding other payments from the person concerned is not allowed.
It should also be said that the registration of the allotment in the ownership of a citizen having the right of inheritable possession on it is not limited to the time frame. Accordingly, an individual can apply to the authorized body for registration at any convenient time. Registration is carried out in an institution located in the area where the site is located.
Of course, if the owner does not want to register the allotment in the property, he may not do this. The procedure is optional. The subject can continue to use the site and transfer it to the heirs.
Certificates issued to landowners before 2001 are still valid today. Change them to other documents is not necessary.
Land surveying
In practice, owners of land plots not allocated in kind may have problems. For such lands, a planned inventory was not carried out. In this case, it is necessary to conduct a land survey. Information on the planned land inventory is provided in the cadastral office.
History reference
Until 1990, the land was exclusively in state ownership. In such conditions, the only form of exercise by individuals of rights to plots was permanent use (unlimited). This form was a kind of guarantee for citizens. Unlimited use excluded any disposal of allotment by others.
The Constitution adopted in 1993 secured the right to private property. During the land reform, which took place both before and after this event, the legislator simultaneously with the revival of perpetual use provided individuals with the opportunity:
- Continue to use the land on a leasehold, perpetual, temporary or permanent basis.
- Renew title to another.
Such a choice excluded an automatic change in the form of law, since the procedure could only be initiated by a citizen. In addition, there was no restriction on rights due to the reluctance to reissue the existing title.
Such a trend in the development of reform was maintained rather consistently in federal legislation regulating the procedure for re-registration of rights.
In accordance with the regulatory act governing the right to individuals to privately own and alienate land for private household plots, private housing, horticulture and summer cottages, entities that at that time had allotments with an area exceeding permissible norms retained the rights to own or use part of the land for life which was larger than normal.
A 1996 Presidential Decree established that allotments were retained by citizens. The provisions of this act prohibited the obliging of individuals to lease or redeem them.
conclusions
The regulation of relations related to lifelong ownership, provided for by the Land Code, which came into force in 2001, provides for the possibility of a citizen once turning a property into a property without any time limits.
The law in question, provided for in previous laws, represented a guarantee of the right of ownership of a residential building located on the relevant site. This to some extent offset the lack of ownership of the site. The possibility of preserving the right of inherited possession is regarded as a right that provides the basis for the life of citizens and aimed at creating conditions for free development and a decent life for the individual.
Therefore, in relation to this right, there is a mechanism of constitutional protection from arbitrary infringement, restriction, or derogation. This, in turn, involves the provision of state guarantees to entities that have land plots that are not subject to seizure, legally.
Conclusion
Despite the presence in modern legislation of the rules governing inherited ownership, this institution is gradually dying. Currently, this form of land use is permitted exclusively in relation to allotments allocated to individuals prior to October 29, 2001.