Land plot - what is it in simple words

Land plot. Concept

A land plot is a part of the land surface that has a fixed border, area, location, legal status and other characteristics reflected in the state land cadastre and documents of state registration of land rights. The boundary of the land plot is fixed on the plans and shown in nature. The area is determined after the boundary is drawn out. The legal status of a land plot includes the intended purpose, permitted use and form of legal ownership (Big Legal Dictionary. 2012).

The land plot is the object of land relations by virtue of paragraphs. 2 clause 1 of Article 6 of the Land Code of the Russian Federation).

Land plots, by virtue of Article 130 of the Civil Code of the Russian Federation, are classified as real estate (real estate). A land plot as an object of ownership and other rights to land provided for by this Code is an immovable thing that represents a part of the earth's surface and has characteristics that make it possible to define it as an individually defined thing (Part 3 of Article 6 of the Land Code of the Russian Federation).

State registration of rights to a land plot . The right of ownership and other real rights to immovable things, restrictions on these rights, their emergence, transfer and termination are subject to state registration in the unified state register by the bodies carrying out state registration of rights to real estate and transactions with it (clause 1 of Article 131 of the Civil Code of the Russian Federation).

Disposal of land . Persons who own a plot of land have the right to sell it, donate it, pledge it or lease it and otherwise dispose of it (Article 209) insofar as the relevant lands are not excluded from circulation or limited in circulation on the basis of law (clause 209). 1 of Article 260 of the Civil Code of the Russian Federation).

Is a land plot real estate or not: signs

Nowadays, the object of legal relations is often understood as land plots. People actively sell and buy land plots, registering them as private property. In civil legislation, a plot is classified as real estate. When making transactions, obligations arise for the intended use and protection of possessions. Land legislation determines the procedure for establishing property boundaries. The documents issued to the owner of the territory indicate the boundaries and area of ​​the land.

In the Land Code of the Russian Federation, a plot is considered to be the property of individuals or legal entities. You can consider the allotment from the perspective of land relations; it will be considered an object. It is described as real estate, is a particle of the earth's surface. The allotment has certain characteristics. They allow it to be classified as a specific object belonging to a specific person. The law establishes the procedure for land plots to belong to territorial zoning.

There is a Cadastre Law. It describes that the state, in a certain order, transfers the authority to establish land boundaries to local authorities. There is also the Subsoil Law, which is federal.

There are some signs that confirm the inclusion of land plots in real estate:

1. It is located on the earth's surface and has its own area.
2. Lands, as a rule, are fertile; this sign helps to determine the intended purpose of the plots.
3. Each site can be identified. It can be separated from other land objects. There is a feature classifier.
4. Land is the object of legal relations between citizens, therefore all data on plots is entered into the state cadastre.
5. Based on the purpose of use, areas must be protected.

Earth. Concept

Ozhegov’s explanatory dictionary contains the following meanings of the concept “land”.

• 1). Earth is the third planet from the Sun in the solar system, rotating around the Sun and around its own axis.
• 2). Earth is land as opposed to water or air.
• 3). Earth is the soil, the upper layer of the crust of our planet, the surface.
• 4). Earth is a loose dark brown substance that is part of the crust of our planet.
• 5). Earth is a country, a state, and also any large territory of the Earth in general.
• 6). Land is a territory with land that is in someone’s possession or use.
• 7). Land - in Austria and Germany: administrative-territorial (federal) unit.

There is no legal definition of the concept “land” in the legislation of the Russian Federation. At the same time, ideas about the concept of “land” are contained, for example, in subsection. 1 clause 1 art. 1 Land Code of the Russian Federation:

land is a natural object protected as the most important component of nature, a natural resource used as a means of production in agriculture and forestry and the basis for carrying out economic and other activities on the territory of the Russian Federation;

land - real estate, the object of ownership and other rights to land.

Land as a natural object and natural resource is the object of land relations (clause 1, clause 1, article 6 of the Land Code of the Russian Federation).

Land and other natural resources can be in private, state, municipal and other forms of ownership (Part 2 of Article 9 of the Constitution of the Russian Federation).

Land and other natural resources may be alienated or transferred from one person to another by other means to the extent that their circulation is permitted by the laws on land and other natural resources (clause 3 of Article 129 of the Civil Code of the Russian Federation).

Land cannot be the subject of disposal and registration . Despite the fact that in paragraph 1 of Art. 6 of the Land Code of the Russian Federation, land is indicated as the object of land relations; the object of civil legal relations is a land plot - a part of the earth’s surface individualized in the manner prescribed by law.

In accordance with Article 130 of the Civil Code of the Russian Federation, only land plots and subsoil plots are classified as immovable things. “Land” does not apply to immovable things. This means that it will not be possible to register the right to “land” in accordance with Federal Law dated July 13, 2015 N 218-FZ “On State Registration of Real Estate”. The applicant will be refused for the reason that state registration of rights is carried out only in relation to the land plot (Articles 26, 27 of the Law on State Registration of Real Estate).

The concept of land, the basis for the emergence of land relations.

In 1990-2002. land relations in Russia have undergone significant changes. One of the results of these transformations was that the country has almost completed the creation of a new land system and has made a transition to various forms of ownership, use and lease of land, multi-purpose use of land plots and real estate firmly connected to it has been permitted, paid land use has been introduced, and conditions have been created for the development of the land property market and entrepreneurship in the field of managing land relations in the urban sector of the economy. On the basis of the law of the Russian Federation on land reform and other legislative acts on land, along with state ownership, private ownership of land is approved in the form of individual, collective-shared and collective-joint. In parallel with collective and state farms, peasant (farmer) farms and agricultural cooperatives were formed.

Land relations are regulated by a system of political, socio-economic, legal and technical measures implemented by the state. The most important role in the development of entrepreneurship in the field of managing land relations in the urban sector of the economy.

1. Grounds for the emergence, change and termination of land relations

Land relations are social relations that develop between authorities, organizations and individuals regarding the distribution, use and protection of land and which are regulated by the norms of land law.

The Russian Federation, its constituent entities and municipalities can act in land relations in two capacities.

Firstly, as regulators of these relations in relation to land plots under their jurisdiction on their territory. In these cases, their acts are of an authoritative nature, as illustrated by mandatory regulations for maintaining the state land cadastre, land zoning, sanitary and veterinary rules, environmental protection requirements, easements, etc.

Secondly, as land owners. In this case, they act on an equal basis with other participants in the relationship: citizens and legal entities (Part 2 of Article 9, Articles 10 and 11 of the Land Code).

In property terms, land, as its property, should include soil cover and natural vegetation. Protective and reclamation devices and plantings also belong to the land - since they do not have any special economic value from the land or their value is significantly inferior to the value of the land that they protect and improve. It is indisputable that the land belongs to the results of protective and reclamation works that have completely merged with the earth (leveling of the earth's surface, resettlement of saline lands, chemical reclamation, terracing of slopes, stone removal, etc.).

Due to the differences in the natural properties of the land and its unequal economic use, a wide variety of land relations can arise.

Land relations can arise, change or terminate on the basis of legal and illegal actions. For example, in case of systematic violation of land legislation, the user may be deprived of the right to land. A plot of land can be withdrawn (purchased) even in the absence of violations, if it is needed for state or public needs. Changes in the content of land legal relations occur with partial seizure of land, for example, in the case of an agreement between the parties to change the terms of the lease agreement, as well as in some other circumstances that do not lead to a complete termination of the right to use land.

Finally, land relations may vary in the degree of mutual obligation of their participants. They can be relationships of equality (partnerships) and relationships of subordination of one party to the other. As a rule, equal land relations arise between certain farms - land users. Thus, agreement between neighbors on the procedure for using bordering (adjacent) plots is carried out through free agreement. One side cannot dictate to the other mandatory conditions of behavior that do not take into account the interests of the neighbor. The parties to these relations are equally obliged to refrain from violating the established procedure for the use of land. Elimination of violations is allowed not through “lynching”, but by a competent state body (land management service, court, arbitration court). Partnership relations develop between the tenant and the lessor, including when leasing a land plot, between a collective farm, a state farm and a team working under the terms of an on-farm lease contract, since the participants in these relations are obliged to respect each other’s rights, seek mutual consent, and not violate legitimate interests the other side.

With relations of subordination, a different nature of behavior of subjects of land use rights develops. In these relations, as a rule, one of the parties is the governing body, which by law is authorized to give certain instructions to the land user, obtain certain actions from him, control his behavior, etc. Thus, an official of the land management service may demand that any agricultural organization stop work that threatens damage to the land, and the land user, owner, and landowner are obliged to comply with these legal requirements.

According to their functional purpose, land relations can be regulatory and law enforcement.

Regulatory relations are those relations that are regulated by the norms of land law, and which are expressed in the performance of positive actions by the participants in these relations.

Law enforcement land relations, in contrast to regulatory ones, are caused by a deviation in the behavior of a participant in land relations from the norm of the law. They usually arise in connection with offenses when there is a need for legal action against a violator of land legislation. These relationships can also develop in the absence of an offense, when there is a threat of its occurrence. Therefore, for example, the land management authorities exercising state control over the use and protection of land can take protective (preventive) measures to prevent an impending offense.

Land relations can be classified on other grounds, widely used in civil law:

according to the criterion of content - into property and non-property;

according to the criterion of certainty of the composition of subjects - into absolute and relative; etc.

Land relations can arise, change or terminate for various reasons, which are based on legal facts, which are understood as social circumstances in the form of events or actions that, based on the rules of law, cause the occurrence of certain legal consequences. Events include natural phenomena, the occurrence and development of which does not depend on human will. Actions are divided by their nature into legal and illegal.

According to Article 25 of the Land Code of the Russian Federation, the grounds for the emergence of rights to land are legal facts established by civil legislation. Their list is indicated in Article 8 of the Civil Code. This article provides 9 grounds for the emergence of civil rights and obligations (contracts and other transactions, acts of state bodies and local governments, court decisions, as a result of causing harm to another person, as a result of events, etc.). Among the grounds listed in Article 8 of the Civil Code in relation to land plots, the most common ground should be recognized as acts of state bodies and local governments. It is on the basis of decisions (acts) that land plots are provided to the subject with which the law connects the emergence of land relations. The second most important are civil transactions. Mainly on the basis of various transactions with land, ownership or lease rights to a land plot arise. Limited real rights may arise on the basis of succession. For example, the transfer of the right to lifelong inheritable ownership occurs to the heir in the order of universal succession.

The emergence of the right to land plots is possible from a court decision that establishes the corresponding right to land, for example, in accordance with Article 274 of the Civil Code, the court can establish an easement. On the basis of a court decision, state registration of rights to land is carried out (Article 59 of the Land Code).

The grounds for the emergence of rights to land plots may be established by Federal Law (Article 25 of the Land Code). These include the Land Code itself and a number of other special laws, among which can be mentioned the Federal Law of July 16, 1998. “On mortgage (pledge of real estate)”, according to which real estate in the form of a land plot can be pledged under an agreement.

One of the most common grounds for the emergence of land rights during the period of market transformations is privatization, as a way for individuals and legal entities to acquire private property rights to land. Current legislation provides for various types of privatization: acquisition of a land plot into private ownership at auction; privatization of land plots during the privatization of state and municipal enterprises; provision of land plots in the ownership of certain categories of citizens for individual housing construction, gardening, truck farming, summer cottage construction); privatization of land plots previously provided for use by citizens and legal entities; privatization of agricultural land for the organization of a peasant farm (peasant farm). The acquisition of ownership of land plots in the manner of privatization can also be carried out in two ways: on the basis of concluding a purchase and sale agreement, or by issuing an administrative act - a decision of an authority on granting land plots into ownership .

Since land plots are an object of civil rights, therefore, by virtue of Article 129 of the Civil Code, they can be freely alienated or transferred from one person to another in the order of universal succession by inheritance or in another way. However, civil law transactions are not possible with respect to certain land plots, since they have been withdrawn from circulation. Art. 27 of the Land Code establishes a list of securities that are completely withdrawn from circulation. Their list is exhaustive and cannot be expanded by decision of the authorities of the subjects or local governments.

From the content of paragraph 2.Article 27 of the Land Code, it follows that, first of all, land plots on which federally owned real estate objects are located are withdrawn from circulation, namely: state natural reserves, wildlife sanctuaries, facilities of the RF Armed Forces, the RF Border Service, other troops and military formations; military courts, FSB, nuclear energy facilities, correctional labor institutions, military and civil burial grounds, etc.

Another category consists of lands with limited circulation. Their difference from land plots that are completely withdrawn from circulation is that these land plots can be provided for private ownership, but with restrictions established by special legislation. Those in state and municipal ownership may be limited in circulation. The Land Code placed the decision on the possibility of transferring limited-circulation land plots into private ownership within the competence of the Federation.

Limitations on the turnover of the Land Code are established by clause 5.Article 27 of the Land Code. These include lands occupied by forest and water resources, lands provided for defense and security needs, defense industry, customs needs, federal transport organizations (sea, river, air), etc. Limitations on the turnover of land plots may be established by Federal laws. So Federal Law dated April 15, 1998. “On horticultural, vegetable gardening and dacha non-profit associations of citizens” defines the peculiarities of the turnover of gardening, vegetable gardening and dacha non-profit associations. The owners and possessors of such storage units may enter into transactions with such storage units without changing their intended purpose and permitted use. Federal Law of August 25, 1995 “On Federal Railway Transport” establishes a restriction on the inclusion in civil circulation of lands intended for the needs of railway transport (for agricultural purposes, warehousing, etc.)

Land plots are provided both from vacant land and from land occupied by certain objects. The general rules for acquiring rights to land plots that are in state and municipal ownership are established by Article 28 of the Land Code. They include the following provisions: citizens and legal entities are provided with land plots for ownership, lease and for free, fixed-term use. Land plots on other titles (PNV, permanent unlimited use) will not be provided from the moment the Land Code of the Russian Federation comes into force. Legal entities are obliged, before January 1, 2004, to re-register the right of permanent (perpetual use) into the right of ownership or the right to lease. Citizens may not re-register other property rights to the right of ownership or the right to lease for as long as they wish. However, the right to dispose of these land plots without re-registering them into property is not allowed. The decision to grant ownership of land plots is made within two weeks from the date of filing the application. In case of re-registration of land plots for ownership, only a registration fee is charged. Collection of other fees other than those established by law is not allowed. Provision of land plots to foreigners is made only for a fee.

The law specifically highlights and protects the right of citizens and legal entities to obtain land plots for construction. In these cases, refusal of land plots on the grounds of inexpediency is prohibited, with the exception of refusal to provide land plots for reasons of belonging to the category of lands absolutely withdrawn from circulation.

Use of land.

Use of land is the possibility of economic exploitation of a land plot provided by law by extracting its useful properties to meet the needs of the owner.

The owner of a land plot has the right:

— to use, in the established manner for one’s own needs, the common minerals available on the land plot, fresh groundwater, as well as ponds and irrigated quarries in accordance with the legislation of the Russian Federation;

— produce residential, industrial, cultural, household and other buildings, structures, structures in accordance with the intended purpose of the land plot and permitted use in compliance with the requirements of urban planning regulations, construction, environmental, sanitary, hygienic, fire safety and other rules and regulations;

— carry out irrigation, drainage, cultural and other reclamation works in accordance with the permitted use, build ponds and other water bodies in accordance with environmental, construction, sanitary, hygienic and other social requirements established by law;

— exercise other rights to use the land plot provided for by law.

In addition, the owner of a land plot has the right of ownership to crops and plantings of agricultural crops, received agricultural products and income from their sale, except in cases where he leases out the land plot.

The rights of land owners to erect buildings, structures, structures, carry out work, construct ponds and other water bodies may be limited in connection with the reservation of land for state or municipal needs.

The Land Code of the Russian Federation determines that owners of land plots are obliged to:

· Use land plots in accordance with their intended purpose and belonging to one or another category of land and permitted use in ways that should not harm the environment, including the earth as a natural object;

· Maintain boundary, geodetic and other special signs installed on land plots in accordance with the law;

· Carry out measures to protect land, observe the procedure for using forests, water and other natural objects;

· Promptly begin to use land plots in cases where the terms for the development of land plots are provided for in contracts;

· Make payments for land on time;

· Comply with the requirements of urban planning regulations, construction, environmental, sanitary and hygienic, fire safety and other rules and regulations when using land and plots;

· Prevent pollution, littering, degradation and deterioration of soil fertility on lands of the relevant categories;

· Comply with other requirements provided for by federal laws.

In contrast to the Land Code of the RSFSR of 1991, Art. 40. 42 ZK

RF list of rights and obligations is not exhaustive.

The list of rights and obligations established in Article 40.42 of the law of the Russian Federation can be clarified and supplemented by the norms of special laws (for example, Article 7 of the Federal Law of July 16, 1998 No. 101-FZ “On state regulation of ensuring the fertility of agricultural lands”; Article 1 , 19 Federal Law “On horticultural, gardening, dacha non-profit associations of citizens”).

Types of land rights.

According to the current land legislation, the following types of land rights are provided:

1) property - the property of citizens and legal entities (private property) are land plots acquired by citizens and legal entities on the grounds provided for by the legislation of the Russian Federation. Citizens and legal entities have the right to equal access to the acquisition of land plots of ownership. Land plots in state or municipal ownership may be made available to citizens and legal entities, with the exception of land plots that, in accordance with the Land Code of the Russian Federation and federal laws, cannot be privately owned. Foreign citizens, stateless persons and foreign legal entities cannot have ownership of land plots located in border territories, the list of which is established by the President of the Russian Federation in accordance with the federal legislation on the State Border of the Russian Federation, and in other specially established territories of the Russian Federation in in accordance with federal laws.

2) permanent (indefinite) use - land plots are provided for permanent (indefinite) use to state and municipal institutions, federal government enterprises, as well as state authorities and local governments. Land plots are not provided to citizens for permanent (indefinite) use. The right of permanent (indefinite) use of state or municipally owned land plots that arose among citizens or legal entities before the entry into force of this Code is retained. Citizens or legal entities that own land plots with the right of permanent (perpetual) use do not have the right to dispose of these land plots. Citizens who own land plots with the right of permanent (perpetual) use have the right to acquire ownership of them. Each citizen has the right to acquire ownership of a land plot in his permanent (perpetual) use one time free of charge, while charging additional sums of money in addition to the fees established by federal laws is not allowed. According to the Civil Code of Russia, a person to whom a land plot has been granted permanent use has the right to transfer this plot for rent or for free, fixed-term use with the consent of the owner of the plot.

3) lifelong inheritable ownership - the right to lifelong inheritable ownership of a land plot in state or municipal ownership, acquired by a citizen before the entry into force of the Land Code of the Russian Federation, is retained. The provision of land plots to citizens on the right of lifelong inheritable ownership after the entry into force of the Land Code of the Russian Federation is not permitted. Disposal of a land plot that is under the right of lifelong inheritable ownership is not permitted, with the exception of the transfer of rights to a land plot by inheritance. State registration of the transfer of the right to lifelong inheritable ownership of a land plot by inheritance is carried out on the basis of a certificate of the right to inheritance. Citizens who have land plots in lifelong inheritable ownership have the right to acquire ownership of them. Every citizen has the right to acquire ownership of a land plot that is in his lifetime inheritable possession one time free of charge, while the collection of additional amounts of money in addition to the fees established by federal laws is not allowed. According to Art. 1181 of the Civil Code of Russia, upon inheritance of a land plot or the right to lifelong inheritable ownership of a land plot, the surface (soil) layer located within the boundaries of this land plot, closed reservoirs, forest and plants located on it are also inherited.

4) gratuitous fixed-term use - land plots can be provided for gratuitous fixed-term use, in particular, from lands owned by citizens or legal entities, to other citizens and legal entities on the basis of an agreement, as well as from the lands of organizations to citizens in the form of an official allotment. Service plots are provided for free, urgent use to employees of organizations in certain sectors of the economy, including organizations of transport, forestry, timber industry, hunting farms, state nature reserves and national parks. The categories of employees of organizations in such industries who have the right to receive official allotments, the conditions for their provision are established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation. Service plots are provided to employees of such organizations for the duration of the establishment of labor relations on the basis of applications from employees by decision of the relevant organizations from among the land plots owned by them.

5) lease of land plots - foreign citizens and stateless persons may have land plots located within the territory of the Russian Federation on a leasehold basis, with the exception of cases provided for by the Land Code of the Russian Federation. Land plots can be provided by their owners for rent in accordance with civil legislation and the Land Code of the Russian Federation. Upon expiration of the lease agreement for the land plot, its tenant has a pre-emptive right to conclude a new lease agreement for the land plot. The amount of rent is determined by the lease agreement. The tenant of a land plot has the right to transfer his rights and obligations under a land plot lease agreement to a third party, including pledging the lease rights of the land plot and making them as a contribution to the authorized capital of a business partnership or company or a share contribution to a production cooperative within the term of the agreement lease of a land plot without the consent of the owner of the land plot, subject to his notification, unless otherwise provided by the land plot lease agreement. In these cases, the new tenant of the land plot becomes liable under the land plot lease agreement to the lessor, with the exception of the transfer of lease rights as collateral. In this case, the conclusion of a new land lease agreement is not required. The tenant of a land plot has the right to sublease the leased land plot within the term of the land plot lease agreement without the consent of the owner of the land plot, subject to his notification, unless otherwise provided by the land plot lease agreement. Subtenants are subject to all the rights of land tenants.

6) limited use of other people's land plots (easement) -

a private easement is established in accordance with civil law; A public easement is established by law or other regulatory legal act of the Russian Federation, a regulatory legal act of a constituent entity of the Russian Federation, a regulatory legal act of a local government body in cases where this is necessary to ensure the interests of the state, local government or local population, without seizure of land plots. The establishment of a public easement is carried out taking into account the results of public hearings. Public easements may be established for: passage or passage through a land plot; use of a land plot for the purpose of repairing utility, engineering, electrical and other lines and networks, as well as transport infrastructure facilities; placement of boundary and geodetic signs and approaches to them on the land plot; carrying out drainage work on the land plot; water intake and watering place; driving livestock through a plot of land; haymaking or grazing of livestock on land plots at a time the duration of which corresponds to local conditions and customs, with the exception of such land plots within the forest fund lands; use of the land plot for the purposes of hunting, fishing in a closed reservoir located on the land plot, collection of wild plants within the established time limits and in the prescribed manner; temporary use of a land plot for the purpose of carrying out survey, research and other work; free access to the coastal strip. An easement can be temporary or permanent. The implementation of an easement should be the least burdensome for the land plot in respect of which it is established. The owner of a land plot encumbered by a private easement has the right to demand a proportionate payment from the persons in whose interests the easement is established, unless otherwise provided by federal laws. In cases where the establishment of a public easement leads to the impossibility of using a land plot, the owner of the land plot, land user, land owner has the right to demand the seizure, including through redemption, of this land plot from him with compensation by the state authority or local government body that established the public easement, losses or provision of an equivalent land plot with compensation for losses. If the establishment of a public easement leads to significant difficulties in the use of a land plot, its owner has the right to demand a proportionate payment from the state authority or local government body that established the public easement. Persons whose rights and legitimate interests are affected by the establishment of a public easement may protect their rights in court. Easements are subject to state registration.

Accordingly, the Land Code of the Russian Federation uses the following concepts in relation to persons who have rights to land plots:

owners of land plots, land users (persons who own and use land plots on the right of permanent (perpetual) use or the right

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The relationship between the concepts of “land” and “land plot”

If a specific piece of land is not individualized, the concept of “land” is traditionally used. The concept of “land” is also used in relation to the lands that make up the fund of natural resources. And if legal relations arise regarding a certain plot indicating its characteristics (boundaries, area, etc.), the concept of “land plot” should be used.

Despite the fact that, according to Article 6 of the Land Code of the Russian Federation, both land and a land plot are objects of land relations, only a land plot can be the object of ownership rights.

Thus, the concepts of “land” and “land plot” are not recognized as identical; the term “land” is broader than the concept of “land plot”, which was noted, for example, in the ruling of the Supreme Court of the Russian Federation dated June 25, 2008 N 67-G08-5.

The concept of “land” in the meaning of a collection of land plots and as a synonym for land plot

From the analysis of the norms of the Land Code of the Russian Federation it follows that the concept of “land” is used in two meanings: 1). a set of land plots; 2). synonymous with the land itself.

1). Land is a collection of land plots.

The concept of “land” as a set of land plots can be concluded based on a number of norms of the Land Code of the Russian Federation.

Thus, in Articles 9 and 11 of the Land Code of the Russian Federation on powers in the field of land relations, we speak of both “land reservation” and “withdrawal of land plots”. From paragraph 2 of Art. 56.1 of the Land Code of the Russian Federation it follows that “land reservation” means “limitation of ownership and other real rights to land plots.”

In paragraph 1 of Art. 85 of the Housing Code of the Russian Federation states that “The composition of the lands of settlements may include land plots...”.

Article 7 of the Land Code of the Russian Federation lists categories of land, including, for example, agricultural land, land of settlements, forest land, etc. These “lands” are part of the “composition of lands of the Russian Federation” and, obviously, represent certain areas of land that have their own borders. At the same time, in paragraph 3 of Art. 3 of the Land Code of the Russian Federation, as an object of property relations for ownership, use and disposal, indicates land plots. It follows from this that lands are endowed with the property of turnover through land plots. According to this logic land is a collection of land plots.

From the above rules of law it follows that in the above cases the concepts of “land” and “land plot” are not identical, and “land” is a collection of land plots.

2). Land is synonymous with the land itself.

In the Constitution of the Russian Federation, the Civil and Land Codes, and other legislative acts, the terms “land” and “land plot” are often identified, i.e. are used as synonyms .

In particular, in paragraph 3 of Art. 129 of the Civil Code of the Russian Federation states that “land may be alienated or transferred from one person to another...”

In Part 2 of Art. 9 of the Constitution of the Russian Federation states that “land may be in private, state, municipal and other forms of ownership.”

Often, in the norms of the Land Code of the Russian Federation and the Civil Code of the Russian Federation, the term “land” is used in the titles of articles, but in the text of the articles itself the term “land plot” is used. For example, Article 260 of the Civil Code of the Russian Federation is called “general provisions on the right of ownership of land,” whereas it contains provisions on the disposal of a land plot. Or, for example, Article 18 of the Land Code of the Russian Federation is called “Ownership of land in the constituent entities of the Russian Federation.” The article contains a list of land plots.

List of rights

The Land Code describes all the features of the rights associated with the acquisition of land plots. There is also detailed information on this issue in the Civil Code and the Federal Law on the Turnover of Agricultural Land.

There is a certain legal status of the land object. It includes:

• target purpose of the resource;
• its acceptable use;
• type of ownership according to legislative acts.

There are six types of rights to land plots:

The Civil Code of the Russian Federation has another list that describes the grounds for the emergence of basic civil rights:

1. Agreement. An example would be documents on the purchase or sale of land. This group includes a lease agreement.
2. Local legislation. Most often they are issued when municipalities sell land or transfer it for perpetual use to a new owner.
3. A document from the court that confirms ownership of the plot. Required when there is a dispute about ownership. Taking into account Article 59 of the Land Code of the Russian Federation, which talks about judicial resolution of land use disputes.
4. Purchase of property in accordance with the law of the Russian Federation. All necessary documents for the transaction must be correctly completed.

Categories of land by purpose

Paragraph 2 of Article 260 of the Civil Code of the Russian Federation introduces restrictions on the exercise of the rights of legal holders of land plots in terms of their use in accordance with their intended purpose. It is stated, in particular, that “on the basis of the law and in the manner established by it, lands for agricultural and other special purposes are determined, the use of which for other purposes is not permitted or limited. The use of a land plot classified as such land may be carried out within the limits determined by its intended purpose.”

Violation of the rule on the use of a land plot in accordance with its intended purpose may entail its confiscation from the owner or termination of the rights of other right holders (Articles 285, 287 of the Civil Code of the Russian Federation).

An exhaustive list of categories of land according to their intended purpose is given in paragraph 1 of Article 7 of the Land Code of the Russian Federation:

1) agricultural land; 2) lands of settlements; 3) lands of industry, energy, transport, communications, radio broadcasting, television, computer science, lands for space activities, lands of defense, security and lands of other special purposes; 4) lands of specially protected areas and objects; 5) forest lands; 6) lands of the water fund; 7) reserve lands.

Garden and vegetable plots of land

In addition to the Land Code of the Russian Federation, the concepts of some types of land plots are disclosed in Article 3 of the Federal Law of July 29, 2017 N 217-FZ “On the conduct of gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation”:

garden plot of land - a plot of land intended for recreation of citizens and (or) cultivation of agricultural crops by citizens for their own needs with the right to place garden houses, residential buildings, outbuildings and garages;

garden plot of land - a plot of land intended for recreation of citizens and (or) cultivation by citizens for their own needs of agricultural crops with the right to place outbuildings that are not real estate intended for storing equipment and crops;

general purpose land plots - land plots that are property of general use, provided for by the approved documentation on the planning of the territory and intended for general use by the legal holders of land plots located within the boundaries of the territory where citizens conduct gardening or vegetable gardening for their own needs, and (or) intended for the placement of other property common use.

Divisible and indivisible land plot

An indivisible land plot is a land plot, the division of which cannot be carried out without violating the requirements for the formed or changed land plots (Article 39.20 of the Land Code of the Russian Federation). In relation to such a land plot, it is impossible to establish ownership of its part; it acts as an object of land and civil rights in general.

A divisible land plot is a plot that can be divided into parts and, when divided, forms two or more independent land plots, the permitted use of which for their intended purpose is possible without transferring it to land of a different category.

The requirements for the formed and changed land plots are established in Art. 11.9 Land Code of the Russian Federation.

• For more details, see the article: “Divisible and indivisible land plot. Concepts, conditions of divisibility"

State cadastral registration of land plots. Surveying

To recognize a land plot as an object of civil rights, it is necessary to determine its boundaries and area through land surveying.

Land surveying is not mandatory for previously registered land plots. Information about them is entered into the Unified State Register of Real Estate without land surveying. This follows from Part 5 of Art. 69 of the Law on State Registration of Real Estate.

previously registered in cases where (Part 4 of Article 69 of the Law on State Registration of Real Estate):

• 1) their registration was carried out before March 1, 2008;
• 2) registration was not carried out, but the rights to them were registered (and not terminated) and they were assigned conditional numbers by the rights registration authority.

Carrying out land surveying and entering the relevant information into the real estate cadastre significantly simplifies the protection of ownership of previously registered land plots. For example, if a land plot is not registered in the cadastral register and its boundaries on the ground are not defined, you may encounter difficulty in establishing the intersection of the boundaries of this land plot with another land plot.

The real estate cadastre is an integral part of the Unified State Register of Real Estate (USRN) (clause 2, article 7 of the law of July 13, 2015 N 218-FZ “On state registration of real estate”).

State cadastral registration of real estate - entering into the Unified State Register of information about land plots ... which confirm the existence of such a real estate object with characteristics that make it possible to define it as an individually defined thing, or confirm the termination of its existence, as well as other information about objects provided for by this Federal Law real estate (clause 7 of article 1 of the law of July 13, 2015 N 218-FZ).

Information about the land plot entered into the real estate cadastre

Basic and additional information about the property is entered into the real estate cadastre (Article 8 of Law No. 218-FZ dated July 13, 2015). So, in particular, the basic information about the property includes:

• type of real estate (land, building, structure, etc.);
• cadastral number of the property and the date of its assignment;
• description of the location of the property;
• previously assigned state registration number (cadastral, inventory, conditional number or account number in the state forest register)..
• area, if the property is a plot of land, building, premises or parking space;
• other information specified in Part 4 of Article 8 of Law No. 218-FZ dated July 13, 2015.

We recommend the article: “Land surveying. Cadastral works. Coordination of boundaries. Is land surveying necessary?

Signs of a land plot as an object of land legal relations

The signs listed above allow you to distinguish a plot of land from other real estate objects. Let's take a closer look at each of the characteristics of a land plot.

A plot of land as part of the earth's surface. No other property has a similar feature. Moreover, this attribute is primary in relation to the properties and characteristics of other real estate objects (buildings, structures) that are inextricably linked with the land.

Established boundaries of the land plot. Each property has its own unique boundaries. For a land plot, the presence of established boundaries means the very fact of its existence as a full-fledged object.

From the moment the boundaries are established and secured through the implementation of the cadastral registration procedure, the plot becomes an independent real estate object and acquires a number of physical properties: location, area, etc.

Physical characteristics of the site. The legislation defines a list of physical properties of a plot of land that are subject to description during the implementation of cadastral work and the subsequent cadastral registration procedure: boundaries and their characteristic points, location and address landmarks of the plot, area. Each land plot has this information, it is available for review in the public domain by obtaining an extract from the Unified State Register or in electronic form through a public map.

The natural characteristics of the site are due to its natural origin. The soil layer is a mandatory feature of a land plot, although its properties may vary depending on the location of the land, the degree and method of its exploitation, as well as other factors. Isolated water bodies and natural vegetation are an optional feature of the site, but if present, they form a single whole with the land plot.

Anthropogenic features of land plots arise in the process of human activity. These signs may be an improvement or deterioration in the quality properties of the land as a result of using the site for its intended purpose. Anthropogenic features can directly influence the natural features of a site (for example, planting forest or shrub vegetation on an empty plot of land or draining an isolated body of water).