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Published: 01/29/2017

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The right of permanent perpetual use of land is currently losing its prevalence, despite the obvious convenience, since this is one of the options for using a land plot when it is not owned by the user, but is not leased either.

Five years after the conclusion of the use agreement, you can write an application to register ownership of the site.

However, the right of permanent perpetual use may be terminated. How exactly does the process of terminating such a right take place and what consequences may arise?

• Legislative regulation
• Types of termination of permanent unlimited use
• The procedure for terminating the right of permanent unlimited use
• What consequences to expect after the court's decision?

Legislative regulation

Legislative regulation of the process of termination of the right to permanent, unlimited use of land occurs in accordance with the Land Code of the Russian Federation.

Within the framework of this regulatory act, the grounds for termination of such a right, as well as options for liability for violation of the terms of the contract are considered.

Thus, the grounds for termination of the right of permanent unlimited use are set out in detail within the framework of Article 45 of this normative act.

If we talk about the procedure for terminating such a right, we should note Article 53, in

which considers the entire step-by-step process, but in the event that the waiver of the right occurs on a voluntary basis.

If we are talking about the withdrawal of a plot from circulation from the person to whom it was provided, then it is necessary to consider the provisions of Article 54, which carefully regulates the entire process.

Since when registering the right to permanent, perpetual use of a land plot, a use agreement is drawn up (it is similar to a lease agreement, but the issue of the amount and procedure for payment of rent is considered separately, perhaps even within the framework of a separate agreement), the regulation of this side of the relationship between the user and the state occurs in in accordance with the Civil Code of the Russian Federation.

Chapter 29 is devoted to changing and terminating the concluded contract.

Accordingly, it is this part of this regulatory act that will act as another regulator of the process of terminating the right of permanent perpetual use to an allocated land plot.

In addition to the two indicated laws, the issue of termination of the right of permanent perpetual use is regulated with the help of the Federal Law “On the Turnover of Agricultural Lands” in the part that concerns specifically lands used for organizing agricultural production.

In addition, speaking about the process of regulating the procedure for terminating the right of permanent perpetual use of land, it is also necessary to mention local legislation, which can also control the entire process.

However, its use is possible if it does not conflict with federal legislation.

Types of termination of permanent unlimited use

Before considering options for terminating the right to permanent perpetual use of land, it is necessary to consider what is meant by the right to permanent perpetual use of land.

This type of land use has remained relevant since

period of Soviet Russia, when this was the only possible option for owning this resource.

The essence of this type of land use is that the owner (on a limited scale we can say that the plot has an owner) of the plot can only use the land, but there are very few opportunities to transfer it by inheritance or donate the plot - these rights can only be exercised after purchase of a plot.

Termination of the right to permanent, unlimited use of land is regulated by current land legislation.

In accordance with Articles 53 and 54 of the Land Code, there are two grounds for termination of the right of permanent unlimited use:

• Voluntary renunciation of the user's right;
• Forced withdrawal of a site from use.

Modern legislation does not provide for other options for terminating the right to permanent, unlimited use of land.

A voluntary renunciation of the right to permanent, perpetual use of land can be issued by a person who has such a right at any time from the beginning of this right.

It is formalized by a special application sent to the authorized authorities that deal with the distribution of real estate.

Refusal on a voluntary basis of the right to permanent, perpetual use of land can be caused by various reasons (for example, the inability of the owner to fully care for the site so that its fertility does not decrease or reluctance to work on the site).

Regardless of what exact reason forced the owner to abandon the site and the right to use it, this reason should not be indicated in the application for refusal, and the requirement to reflect it is illegal.

In the event that after the death of the testator no one has entered into inheritance rights, then the cessation of exploitation of the site will also be considered as a voluntary renunciation of the right of permanent perpetual use, but carried out by the owner during his lifetime (more precisely, on the day preceding death).

If we talk about the voluntary renunciation of the right of permanent perpetual use, then there may be another option for it - the desire of the user to acquire ownership of the plot by privatization or redemption in accordance with the norms of the current legislation.

The second option for terminating the right of permanent perpetual use would be forced withdrawal.

To implement it, government bodies must be guided by Article 54 of the Land Code.

This article regulates the procedure for the withdrawal, while the grounds for the termination of the right to permanent, unlimited use of land are set out in Article 45 of the said normative act and include the following provisions:

• Use of a land plot for purposes that violate the ownership of the allotment (for example, an apartment building is being built on agricultural land), that is, misuse of the provided plot;
• Damage to land, which will lead to the impossibility of its further use, regardless of its intended purpose;
• Such use of the site, which leads to a significant decrease in the fertility of the land or a deterioration in the quality of the products produced on it;
• Failure to fulfill obligations for the mandatory preservation of land fertility, their protection and reclamation;
• Refusal to fulfill obligations to bring the allocated site to a state that will allow it to be used in the future for its intended purpose, determined by the site’s belonging to its trust fund.

If authorized state authorities at the subject level or executive authorities of a municipality identify during an inspection at least one of the listed violations in the use of the allocated land plot, they can initiate a procedure for forced seizure of land.

The concept of termination of ownership of a land plot

In accordance with constitutional acts in the field of land legal relations, it is established that land as a natural resource can be used by state, municipal bodies or private individuals. The object of property rights in this case is a specific territory, which includes the surface layer of the earth, fertile soil, as well as all water resources and minerals.

The right of ownership to any land plot consists of the ability to own it, use it for personal purposes, and also dispose of personal real estate at one’s own discretion. The reverse side of this concept is the termination of land ownership, which consists of the removal of a plot from the possession of a civilian.

This legal operation is possible in the event of a voluntary alienation by the owner of his own land in favor of other persons, when expressing the owner’s voluntary renunciation of the right to own a land plot, after the forced seizure of real estate (land) in a judicial or civil manner.

The procedure for terminating the right of permanent unlimited use

For voluntary and forced termination of the right of permanent perpetual use, there are algorithms strictly regulated by Articles 53 and 54 of the Land Code of the Russian Federation.

Thus, if we are talking about a voluntary renunciation of the right to permanent, unlimited use, then the person who decided to take such an action must submit a corresponding application to the executive authority of the subject (if the land belongs to the subject of the federation) or to the municipality (if the distribution of plots took place at the municipal level education).

Such an application must be submitted by all land users, regardless of whether they are legal entities or individuals.

In order for an unauthorized body to make an appropriate decision, the application for waiver of the right of permanent unlimited use must be accompanied by certain documents, which will include:

• Documents confirming the identity of the person submitting the application (and if actions are carried out by proxy, for example, as a representative of a legal entity, then also a power of attorney, which will clearly indicate all the powers vested in the proxy);
• For a legal entity, you will need a copy of documents confirming the completion of the registration procedure of a legal entity (for example, an extract from the Unified State Register of Legal Entities);
• Cadastral documents for the plot (cadastral passport and a copy of the cadastral plan, which will indicate the location of the plot and its individual cadastral number);
• Documents for the plot, certifying the applicant’s rights to use a specific plot (and in the absence of such, it is necessary to provide a copy of the decision of the head of the executive body on the provision of the land plot for use).

Within thirty days from the date of filing the application with the relevant authorities, the head of this body makes a decision to terminate the right of permanent unlimited use based on the submitted application and all documents attached to it.

If any documents are missing, they are either requested from the relevant departments of the authorized bodies or from the applicant.

If they cannot be provided within a month from the date of registration of the application, then consideration of the issue of termination of the right of permanent unlimited use is refused, and the application is sent to the applicant for correction.

This point is quite often negative, since it can

significantly increase the period for registering ownership of a plot that was previously in constant, perpetual use.

If we are talking about forced termination of a right, then such a procedure must take place in strict accordance with Article 54 of the Land Code of the Russian Federation.

In accordance with paragraph 2 of this article, if a site is in use by government, state or municipal institutions, then it can be seized by the authorized body without going to court if violations in the operation of the site are revealed (for example, actions were taken in relation to the site that negatively affect soil fertility).

If a plot is provided for use by a private person, and also if the Unified Register of Real Estate Rights contains information about the provision of a land plot for permanent, unlimited use to a specific person (for example, a drawn up land use agreement has been registered), the withdrawal of the plot can only be carried out by a court decision, on The appeal of which is given within ten working days from the date of such decision.

An exception to this rule regarding the forced termination of the right to permanent, indefinite use of land will be such actions against scientific institutions, as well as specialized organizations included in the structure of the Russian Academy of Sciences.

In relation to them, a decision will be made individually for each identified case of violation of the operating standards of the allocated site, and the decision will be made at the federal level, taking into account the analysis of all the evidence provided.

When purchasing land for individual housing construction, you need to take into account many points. Are you planning to take out a mortgage to purchase a plot of land? Our article describes programs from the most popular and reliable banks. When purchasing land from SNT, it is worth knowing and remembering the dangerous pitfalls that you may encounter. Read about them here.

Grounds for termination of ownership of a land plot

Lands that are at the disposal of state or municipal bodies are legally provided for the use and ownership of individuals and legal entities.

Legal entities of foreign origin, citizens of other countries, as well as persons without any citizenship do not have the right, certified by the current law, to own their own land territories that are located within the border limits, as well as to purchase real estate in the form of land plots for further farming or gardening activities .

There are several different forms of land ownership rights, which differ in the legal side of the issue. Accordingly, citizens can receive the right to permanent or gratuitous temporary use, lifelong inheritable possession, as well as the right to private or public easements.

However, if the rules for handling land plots provided for by law are violated, serious reasons may arise for forced seizure of territories or voluntary refusal to use them. There are the following reasons for termination of ownership of a land plot:

• voluntary alienation of a land plot by owners in favor of other persons;
• voluntary renunciation of the owner's legal right of ownership of land;
• confiscation of a land plot by any state or municipal authorities from the owners is forced.