Land law. Objects of land legal relations (the most important)

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Land law. Objects of land legal relations (the most important)

Lecture notes, cheat sheets

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12. OBJECTS OF LAND RELATIONS

The objects of land legal relations are: land as a natural object and natural resource; land; parts of land.

Earth as a natural object and natural resource can act as an object of land relations in general. The allocation of land as a natural object is associated with relations for the protection of land and control over compliance with the requirements for the protection and rational use of land. The essence and specifics of the inclusion of land in the legal circulation as a whole are determined by the principles of land legislation established by the Land Code of the Russian Federation, and the content of land relations.

Land plot as an object of land relations, it is a part of the earth's surface (including the soil layer), the boundaries of which are described and certified in the prescribed manner. This concept of a land plot should be considered the main one for the inclusion of a land plot in land-legal relations. Definitions of a land plot contained in other regulations, including federal laws, must comply with this concept.

Despite the fact that legal norms can be established in relation to land as a natural object and natural resource, specific land relations in most cases arise regarding a specific land plot - the object of land legal relations. The legislation exposes several essential requirements for the registration of a land plot. The land plot as an object of relations must be individually defined. This means that it must have boundaries defined in accordance with the law and fixed in title and other documents. About the land plot, its location, area, purpose, permitted use must also be known. Actions for the formation of land plots form the basis of land management activities regulated by the norms of both the Land Code of the Russian Federation and the Federal Law "On Land Management". Data on plots are taken into account in accordance with the established requirements for maintaining the state land cadastre. Separate conditions for the formation of a land plot are established by the Land Code of the Russian Federation.

Land may be divisible or indivisible. Divisible is a land plot that can be divided into parts, each of which, after the division, forms an independent land plot, the permitted use of which can be carried out without transferring it to another category of land, except for cases established by federal laws. In accordance with Art. 133 of the Civil Code of the Russian Federation, a thing is recognized as indivisible, the division of which in kind is impossible without changing its purpose.

Lands in the Russian Federation according to their intended purpose are divided into the following categories:

▪ agricultural land;

▪ lands of populated areas;

▪ lands of industry, energy, transport, communications, radio broadcasting, television, computer science, lands for space activities, defense lands, security lands and lands for other special purposes;

▪ lands of specially protected areas and objects;

▪ forest lands;

▪ water fund lands;

▪ reserve lands.

At the same time, the inclusion of land, land plots in civil law circulation does not detract from their importance as a natural object, a natural resource.

Author: Medentsov A.S.

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