Civil law. A common part. Property rights to land: concept and types. Property rights to own and use other people's land plots. Easement (most important)

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Civil law. A common part. Property rights to land: concept and types. Property rights to own and use other people's land plots. Easement (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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32. PROPERTY RIGHTS TO LAND: CONCEPT AND TYPES. PROPERTY RIGHTS ON OWNERSHIP AND USE OF ANOTHER LAND PLOTS. SERVICE

Real right - a right that ensures the satisfaction of the interests of an authorized person by influencing a thing that is in the sphere of his economic dominance. Legislated signs of property law:

1) the right to follow (the right follows the thing);

2) the absolute nature of protection (protection of property rights of a person who is not an owner is carried out by any person).

Law to rights in rem relates:

1) the right of ownership, the right of lifetime inheritable possession of land;

2) the right of permanent (perpetual) use of land;

3) the right of economic management;

4) the right of operational management;

5) easements.

In addition, property rights include the right of a cooperative member to a cooperative apartment until it is redeemed, the right to pledge real estate, the right of family members of the owner of the premises to use this premises.

The current legislation does not classify property rights.

The provision of land plots for permanent (unlimited) use is possible for state and municipal institutions, federal state-owned enterprises, state authorities and local self-government bodies on the basis of a decision of a state or municipal body authorized to make such decisions. Land plots for permanent (unlimited) use are not provided to citizens.

The new Land Code does not allow the acquisition of land plots on the basis of the right of lifetime inheritable possession by citizens. Those citizens who have land plots in inheritable possession for life have the right to acquire them as property.

Servitude - the right to limited use of other people's land plots. The easement is established by agreement between the person requiring the establishment of the easement and the owner of the land plot; in some cases the easement is established by the court. The servitude shall be terminated at the request of the owner of the land plot, if the grounds for establishing the servitude have ceased to exist.

Servitude rights of citizens - Separate, strictly defined, enshrined by law or an agreement with the owner of the right to use other people's land, limited to specific economic or consumer needs (passage or passage through a neighboring land, provision of water supply, etc.). The owner of a plot encumbered with an easement has the right to demand from the persons using the easement a commensurate payment for the use of the plot. Upon termination of the grounds for the use of an easement, it may be terminated at the request of the owner of the plot. In the event of the transfer of rights to a land plot that is burdened with an easement, the easement is retained to another person (Article 275 of the Civil Code). There are private and public easements.

private easement - an easement that ensures the interests of one person or a small group of persons (for example, passage or passage through a neighboring plot).

public easement - an easement that ensures the interests of society (for example, laying a power line). A public easement is established by laws or other legal acts of the Russian Federation, constituent entities of the Russian Federation, and legal acts of local governments.

Author: Stepanova O.N.

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