Land law. Limitation of land rights (most important)

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Land law. Limitation of land rights (most important)

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16. LIMITATION OF LAND RIGHTS

Rights to land may be limited on the grounds established by federal laws. Restriction of rights to land is subject to state registration in the manner prescribed by the Law "On State Registration of Rights to Real Estate and Transactions with It". Restrictions on land rights are mainly understood as restrictions on the use of land plots, and their list is not exhaustive.

In particular, the following are provided restrictions on land rights:

1) special conditions for the use of land plots and the mode of economic activity in security, sanitary protection zones;

2) special conditions for the protection of the environment, including flora and fauna, monuments of nature, history and culture, archaeological sites, preservation of the fertile soil layer, natural habitat, migration routes of wild animals;

3) conditions for the commencement and completion of building or development of a land plot within the established time limits according to a duly agreed project, construction, repair or maintenance of a motor road (section of a motor road) upon granting rights to a land plot that is in state or municipal ownership;

4) other restrictions in cases established by federal laws.

Restrictions on the rights to land are established by acts of the executive bodies of state power, acts of local governments or a court decision for an indefinite period or for a fixed period. These restrictions on rights may be challenged by the person whose rights are limited in court. Restrictions remain when the ownership of the land plot is transferred to another person.

Restrictions on land rights in connection with the reservation of lands for state or municipal needs. The rights of owners of land plots, land users, landowners, tenants of land plots to use land plots (to erect residential, industrial, cultural and other buildings, structures, structures in accordance with the intended purpose of the land plot and its permitted use in compliance with the requirements of town planning regulations, construction , environmental, sanitary and hygienic, fire safety and other rules and regulations; carry out irrigation, drainage, cultural and technical and other reclamation works in accordance with the permitted use, build ponds and other closed reservoirs in accordance with environmental, construction, sanitary and hygienic and other regulations established by law special requirements) may be limited in connection with the reservation of land for state or municipal needs.

The restriction is the establishment of special conditions for the use of sites in areas where certain types of activities are prohibited.

Rights to land can sometimes be granted with certain conditions. A land plot from lands that are in state or municipal ownership can be allocated on a certain right (ownership, lease, etc.) subject to the performance of certain actions. For example, the development of a swampy area, the construction of a road within a certain time frame.

Author: Medentsov A.S.

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