Land law. Grounds for the emergence and termination of land legal relations (the most important)

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Land law. Grounds for the emergence and termination of land legal relations (the most important)

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14. GROUNDS FOR ORIGIN AND TERMINATION OF LAND LEGAL RELATIONS

Land relations - these are relations on the use and protection of lands as the basis of life and activity of the peoples living in the corresponding territory.

The 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. So, according to Art. 8 of the Civil Code of the Russian Federation, which is also applicable to land relations, civil rights and obligations arise from the grounds provided for by law and other legal acts, as well as from the actions of citizens and legal entities that give rise to civil rights and obligations.

Civil rights and obligations arise, in particular:

▪ from contracts and other transactions provided for by law, as well as from contracts and other transactions that do not contradict the law;

▪ from acts of state bodies and local governments;

▪ from a court decision;

▪ as a result of the acquisition of property on grounds permitted by law;

▪ due to other actions of citizens and legal entities;

▪ due to events with which the law or other legal act associates the occurrence of civil consequences.

Due to the specifics of land relations, in most cases, the basis for their occurrence is not an agreement, but an administrative act.

Rights to land as an object of immovable property are subject to state registration and, accordingly, arise from the moment of registration of the relevant rights to a land plot.

The rights to land plots arise on the grounds established by civil law. Plots that are in state or municipal ownership may be provided for private ownership of citizens and legal entities. The right of permanent (unlimited) use, lifelong inheritable possession, gratuitous fixed-term use of a site that is in state or municipal ownership is granted on the basis of a decision of an authorized state or municipal 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, due to forced seizure from the owner of his land plot.

Grounds for termination of the right of permanent (unlimited) use of a land plot, the right of lifetime inheritable possession: the refusal of the land user from their right or due to forced withdrawal.

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; in case of refusal of the land user from his right or due to forced withdrawal.

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.

Allocate also withdrawal of the ground areas for the state or municipal needs, confiscation and requisition of a site.

Author: Medentsov A.S.

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