Types of rights to land plots

In order to freely own, use and dispose of a certain plot of land, it is necessary to achieve recognition of ownership. This procedure has many nuances and is based on Russian legislation. We’ll talk about all the points further.

In Art. 25 of the Land Code states that ownership of land can only arise in accordance with the grounds approved by current legislation. For private property, in accordance with Art. 218 of the Civil Code of the Russian Federation, such grounds are:

transaction on alienation of land - purchase and sale, donation, exchange;
inheritance;
succession during company reorganization;
privatization of land from the state;
other reasons.

Transactions with land plots must be registered in accordance with the procedure established by law. Ownership of land arises from the moment of registration.

In accordance with Art. 209 of the Civil Code of the Russian Federation, the owner of a land plot has the right:

Own a plot of land, that is, consider it yours.
Use - grow plants and trees, erect buildings and structures, extract the beneficial properties of the territory to the maximum;
Dispose of - donate or exchange, sell, transfer to a legal entity as a contribution to the authorized capital.

At the same time, the actions of the owner must not contradict current laws or violate the rights and interests of other persons. Resources located on the site, including soil, can be used only within the limits determined by law, without causing damage to the environment.

For each land plot, a purpose is determined that must be respected by the owner. In addition, he must take measures to comply with environmental, sanitary, fire, construction and other standards, carry out environmental protection measures, and prevent the deterioration of the soil, its pollution, and litter. Failure to comply with these requirements may result in sanctions ranging from fines to loss of property rights.

The right of ownership of land may be limited, but only if there are grounds specified in the relevant Federal Laws and Land Codes of the Russian Federation. They may be:

Location of the land within the sanitary protection zone.
Laying highways, public roads, and utilities throughout the site.
The need to preserve certain plants or animals living on the site.

There may be other grounds specified in the relevant laws, including regional ones.

Restrictions on property rights can be established for a certain period of time or become indefinite. If ownership is transferred to another person as a result of purchase or sale, inheritance or other action, the restrictions remain in effect. They can only be appealed in court.

It is impossible to lose ownership of land if land surveying has not been carried out. Laws do not oblige the land owner to set boundaries and register data in Rosreestr. However, it is better to carry out this procedure - in case of disputes with neighbors or representatives of the municipality, it will be easier for the owner whose plot is properly registered to prove that he is right.

For many citizens of the Russian Federation, the question of ownership of land under an apartment building remains unclear. There are many nuances at this point. For example, if a house was put into operation before 2005, the land area under it is in the common shared ownership of the residents. In this case, the following conditions must be met:

the territory has an official plan indicating boundaries;
land management work was completed before the Housing Code of the Russian Federation came into force, that is, before 2005;
data on the site are entered into Rosreestr

In the case of apartment buildings put into operation after 2005, the land plot under it will be automatically owned by the residents.

There are many nuances in determining the ownership of a plot under an apartment building, due to the extensive legislative framework governing this issue. If difficulties or controversial situations arise, it is better to contact a qualified lawyer who will help you understand the problem and suggest the most optimal ways to solve it.

Forms (types) of land rights

In Art. 9 of the Constitution of the Russian Federation states that a land plot can be in state, municipal, private and other property. The rights of all owners in accordance with the law are protected equally, in addition, the law recognizes private property for citizens and their associations.

Citizens of the Russian Federation can own a land plot on the basis of individual, joint and common shared ownership. The legislation establishes the following types of land ownership:

Private property is the right of individuals and legal entities arising as a result of the privatization of land owned by a municipality or the state, as well as as a result of certain transactions: purchase and sale, exchange, inheritance, donation.
Municipal property - belongs to local governments.
State property is the right of ownership of land plots that do not belong to the municipality, individuals and legal entities. Such land belongs to the Russian Federation and its constituent entities.

The Constitution of the Russian Federation also specifies other forms of ownership, but they have not currently been developed at the legislative level.

A type of private property is common property, in which a land plot is owned by a group of individuals. In this case, the share of each of them can be determined in accordance with the established procedure, or it may not be determined, then we are talking about joint ownership. The latter type includes the property of spouses if the land plot was purchased during marriage.

The Land Code of the Russian Federation establishes a list of lands that cannot be privately owned. These include:

areas within national parks;
plots in public areas within the boundaries of a settlement;
areas in nature reserves.

In such territories, lands can remain privately owned if the citizen’s corresponding right arose before the lands were assigned the listed statuses. There are also land plots with limited turnover, that is, their transfer to a legal entity or individual is possible only in exceptional cases specified in the relevant laws.

Unlimited permanent use

The Land Code of the Russian Federation provides for the right to unlimited (permanent) use of a land plot. This term refers to the property right to own and use land for an unlimited period of time in accordance with the specified purpose. In this case, buildings erected by the owner for personal use are his property.

In 2021, land cannot be obtained on a permanent use right. Citizens who received it before the adoption of the Land Code of the Russian Federation can continue to use the land on the same basis - ownership and use of the plot is retained for them. It is possible to register ownership of such plots; there are no deadlines for this action. Legal entities that own real estate under such right are required to re-register the land as their property or enter into a lease agreement. For violating the deadlines established by law for re-registration of a plot, they face a fine of 20 to 100 thousand rubles.

Rentals

Land ownership and lease are completely different concepts, but many citizens confuse them. In fact, although the lease agreement gives the owner certain rights to the plot, they are very limited and are not comparable to the right of ownership. Leased land can be obtained into ownership; there are two options for this, the application of which depends on the specific situation.

The first option is the purchase of land, which can be purchased both during the validity of the lease agreement, if such a condition is reflected in it, and after its expiration. You can buy land that is owned by a municipality or government agency. In this case, in accordance with paragraph 8 of Art. 22 of the Land Code of the Russian Federation, the tenant has a pre-emptive right to purchase land upon expiration of the lease agreement.

Land that is state or municipally owned and leased can be subsequently privatized - this is the second option for obtaining ownership rights. True, a citizen can resort to this opportunity only once in his life; this limitation is established by law.

Land leased before 2001 for private household plots or individual housing construction can be privatized free of charge. In cases where the site was leased after 2001, it will be more difficult to formalize ownership through privatization. For lands for private plots or individual housing construction, a prerequisite for this will be a built and put into operation residential building; for other lands, for example allocated for rent for gardening, an existing garage or outbuilding will be sufficient.

If you want to take ownership of leased land, it is advisable to first consult with a lawyer. A specialist will help you assess how high the probability of success is, help you collect the necessary documents, and, if necessary, negotiate with the owner of the land plot. By doing this, a person interested in obtaining property rights saves time and money.

Private property

The right of private ownership of land is a right that gives the owner the opportunity to own a land plot, use it for its intended purpose and dispose of it at his own discretion. This point is regulated by the Civil Code of the Russian Federation, as well as a number of Federal laws. For example, the Civil Code defines the main points that may result in the emergence or termination of the right to any property, including land plots.

Determining private property rights is one of the most difficult aspects in legal practice. Each case is unique, has its own nuances, and therefore the solution is different each time. The most win-win option in this case is to contact a competent lawyer, and together with him seek to register the land as private property.

State ownership of land

According to the Constitution of the Russian Federation, land and other natural resources can be in private, state, municipal and other forms of ownership.

The foundation of the state Registration of ownership of land plots of the Russian Federation, constituent entities of the Russian Federation and municipalities are acts of the Government of the Russian Federation on approval of lists of land plots to which the Russian Federation and its constituent entities acquire ownership rights when delimiting state. to the land, as well as court decisions that have entered into legal force on disputes related to the delimitation of state. land ownership.

The basis for including land plots in the list of land plots to which the Russian Federation acquires ownership rights is their inclusion in:

forest lands, specially protected areas, water resources (occupied by federally owned objects), defense and security;

lands for agricultural purposes, settlements, industry, environmental purposes, if they contain real estate that is in federal ownership;

reserve lands, if they contain real estate that is in federal ownership.

The division of state ownership of land is carried out in the following order:

a specially authorized federal authority prepares lists of land plots for which the Russian Federation, constituent entities of the Russian Federation, and municipalities have ownership rights;

lists of land plots prepared and agreed upon with state authorities of the constituent entities of the Russian Federation and local self-government bodies are approved by the Government of the Russian Federation;

information about land plots included in these lists is entered into the documents of the state land cadastre.

Recognition of property rights of a legal entity

Russian laws recognize the right of legal entities to own property, including land plots. The corresponding right may arise as a result of the privatization of a site previously owned by the state or municipalities, the purchase of a site, inheritance, receipt under a gift agreement and in other cases provided for by law.

The ownership of land by a legal entity has a number of features:

the property may include land plots received as a result of the activities of a legal entity or contributed by its participants as a contribution;
a legal entity can dispose of land at its own discretion, but in compliance with laws, legal acts and taking into account the interests of other persons;
the legal regime of the land plot, as well as the definition of the powers of the owner, are largely regulated by the constituent documents.

At the same time, foreign legal entities, as well as companies in which the share of foreign founders is more than half, according to the law, cannot own land. It will not be possible to achieve the corresponding right of this category even in court.

In the case of legal entities, recognition of ownership may have many nuances. So a company can try to formalize ownership of a land plot that does not have an owner or land that the owner has abandoned or lost rights to. To recognize ownership rights in such and a number of other cases, a legal entity will have to file a claim in court at the location of the property. The outcome of the case will largely depend on the level of professionalism of the lawyer drawing up the statement of claim and choosing the method of protecting property rights.

In case of reorganization of a legal entity, the ownership of the land plots belonging to it is transferred to the successor legal entity. It has the right to apply to the state registrar to register the transfer of ownership upon completion of the reorganization.

Recognition of property rights for a legal entity can be a more complex process than for an ordinary citizen. Therefore, it is important to collect all the necessary documents and contact a lawyer with them, who can delve into the nuances of the case and give advice on a strategy for behavior in court. Otherwise, the likelihood of a positive outcome is extremely low.

State ownership of land

The right of state property means that the powers of ownership, use and disposal belong to the state. The state, as a subject of state property rights, is represented not by one department, but by a number of different government bodies, between which property rights are distributed.

Taking into account the federal structure of Russia and the existence of two levels of state power, it is stipulated that the right of state property exists in the form of :

federal property;
property of the constituent entities of the Russian Federation (so-called subject or regional).

Object of state ownership of land (presumption of state ownership of land) :

lands that are not owned by citizens, legal entities and municipalities (Article 214 of the Civil Code of the Russian Federation, Article 16 of the Land Code of the Russian Federation).

Grounds for the emergence of the right of state ownership of land (Articles 17, 18 of the Land Code of the Russian Federation):

norms of federal laws;
procedure for delimiting state ownership of land;
civil law grounds;
gratuitous transfer from federal property (for property of federal subjects).

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It is provided that the management of federal and subject property is carried out respectively by state authorities of the Russian Federation (Article 71 of the Constitution) and by the constituent entities of the Russian Federation.

Environmental law

Land plots are classified as natural objects, and therefore environmental legislation is also applicable to them. Any land owner, regardless of the type of activity and intended purpose of the site, is obliged to treat the territory rationally and carefully, avoiding environmental pollution and not violating environmental regulations.

In relation to a land plot, two environmental rights can be distinguished - general and special. In the first case, no permits are required; for example, berries can be safely picked on your own plot. In the second case, a special permit is required, for example, for the construction of a building. Violation of a special right to use natural resources may lead to loss of property rights.

In cases where property rights are recognized, environmental law will also be taken into account. For example, paragraph 3 of Art. 58 of the Federal Law “On Environmental Protection” prohibits the privatization of lands on the territory of which there are objects of special significance. In addition, when transferring ownership of a land plot, local authorities must take into account environmental interests, establish the intended purpose, and the form of use of the land. They are charged with the responsibility of monitoring the implementation of regulations and rules for environmental management. If deviations and violations are identified, the municipal administration may initiate legal proceedings, the outcome of which may be disastrous for the owner.

Environmental law has many nuances that need to be taken into account in proceedings related to the recognition of property rights. When filing a claim, you must refer to the legislative framework, which in this case will be quite extensive. To increase the chances of successfully resolving the problem, it is better to contact lawyers who will help you draw up a legally competent claim and tell you what tactics are best to follow to achieve the desired result.

Municipal ownership of land

The right of municipal ownership of land is the power of ownership, use, and disposal of land plots belonging to a municipality. On behalf of the municipality, the powers of the owner are exercised by local government bodies (Articles 125, 215 of the Civil Code of the Russian Federation). In this capacity, local government bodies can provide land plots for temporary and permanent possession and use (indefinite) to individuals and legal entities, lease, ownership of individuals and legal entities and make other transactions.

Objects of municipal property rights:

individually separated land plots transferred by the Russian Federation or constituent entities of the Russian Federation into municipal ownership on the basis of (Article 19 of the Land Code of the Russian Federation):
when delimiting state ownership of land;
civil transactions;
gratuitous transfer to municipal property from federal property.

Municipal property may include land plots located both on the territory, i.e. within the boundaries of municipalities and beyond.

The procedure for establishing and changing the boundaries of municipalities is determined by the laws of the relevant constituent entities of the Russian Federation.

A special procedure for the formation of municipal property has been established for cities of federal significance - Moscow and St. Petersburg.

The main purpose of municipal lands is to provide housing, work and recreation for the population.

Emergence of property rights

According to the current legislation of Russia, the acquisition of real estate in the form of land resources is possible in two ways, these are:

Privatization.
Civil method.

The privatization method combines the types of land rights acquired by citizens in cases where:

A private or legal entity receives a plot of land from state reserves for personal disposal, use and ownership.
A member of an agricultural cooperative or collective farm leaves its membership and takes his share in the form of a plot of land.

After the adoption of land reform in Russia in 1990, citizens could obtain ownership of land resources from a redistribution fund formed from reserve resources. The redistribution fund included reserve land plots and those that were considered inefficiently used by state and collective farms. Local authorities were responsible for the formation of the fund, and, as practice has shown, the quality of the reserve lands was far from the best in the region.

The civil law method of transfer of property includes purchase and sale transactions, acts of donation, transfer by inheritance and other actions provided for by law, as a result of which an individual or legal entity acquires land ownership rights through the execution of civil legal regulatory documents.

Forms of ownership of land plots

In Soviet times, all land and real estate belonged to the state and there were no questions about the division of forms of ownership.
The current version of the Constitution has given Russians the opportunity to register private ownership of land plots.

Private land can belong to both a citizen and a group of persons with the status of a legal entity, partnership or non-profit organization. But also a certain part of the lands, according to Article 9 of the Constitution, remained in the possession of the state and municipalities (local authorities). A mixed version is also allowed.

Chapter 3 of the Land Code is devoted to issues of forms of ownership of plots. The rights of private and public ownership of land are contained in Article 17. Civil Code.

Depending on the form of ownership, different rules apply regarding the turnover of plots. Today anyone can find out what form of ownership applies to a particular memory. Such information is available on the public cadastral map from Rosreestr. To obtain the necessary information, you need to know the cadastral number or the exact address of the site.