Land law. Concept and types of land legal relations (the most important)

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Land law. Concept and types of land legal relations (the most important)

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11. CONCEPT AND TYPES OF LAND RELATIONSHIPS

Land legal relations - these are relations on the use and protection of land as the basis for the life and activities of the peoples living in the relevant territory (land relations), regulated by the norms of land law. Land legal relations are relations between authorities, local governments, individuals and legal entities.

Types of land relations are: regulatory; law enforcement, substantive and procedural legal relations.

Regulatory legal relations are the performance by the participants of the relations of positive actions. These relations arise in the practical implementation of land relations.

Law enforcement legal relations arise in connection with offenses when there is a need for legal action in response to a violation of land legislation or in the event of a threat of an offense.

Material legal relations are relations arising on the basis of the norms of land law, establishing the essential rights and obligations of participants in land legal relations.

Procedural legal relations are relations that arise on the basis of procedural law, provide for the procedure for filing applications, requests for granting rights to land plots, rules for appealing against decisions of competent authorities in the field of land relations, and procedures for resolving land disputes.

Grounds for the emergence, change and termination of land legal relations are legal facts, i.e. circumstances entailing legal consequences in accordance with the law. Rights to land as an object of immovable property are subject to state registration and, accordingly, arise, change and terminate from the moment of registration of the relevant rights.

Plots that are in state or municipal ownership may be provided for private ownership of citizens and legal entities. The right of permanent (perpetual) use, lifetime inheritable possession, free fixed-term use of a land plot in state or municipal ownership is granted on the basis of a decision of the authorized body.

Grounds for termination of land legal relations. Grounds for termination of ownership: when the owner alienates his land plot to other persons, the owner renounces the right of ownership of the land plot.

Grounds for termination of the right of permanent (perpetual) use of the site, the right of lifetime inheritable possession: refusal of the land user from their right.

The lease of a land plot is terminated on the grounds provided for by civil law.

Free fixed-term use is terminated by decision of the person who provided the site, or by agreement of the parties: after the expiration of the period for which it was provided; when the land user renounces his right.

A private easement is terminated on the grounds provided for by civil law. A public easement terminates if there is no public need for which it was established.

The grounds for the termination of land legal relations may be the forced seizure of a land plot.

Author: Medentsov A.S.

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