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Land law. Concept and types of land rights (most important)

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20. CONCEPT AND TYPES OF LAND RIGHTS

The legislation provides for the following rights to land.

Right of permanent (perpetual) use land is a property right of persons who are not owners. The right of permanent (unlimited) use of a land plot owned by the state or municipality is granted on the basis of a decision of the authorized state or municipal body.

Citizens or legal entities to which a land plot has been granted for permanent (unlimited) use shall exercise possession and use of this land plot within the limits established by law, other legal acts and the act on granting the land plot.

The right to permanent (indefinite) use of a land plot is terminated if the land user renounces his right to the plot under the conditions and in the manner provided for in Art. 53 of the Land Code of the Russian Federation, or due to forced seizure.

Right of lifetime inheritable possession land plot is a property right of persons who are not owners.

A land plot provided for lifetime inheritable possession remains in state or municipal ownership. The owner of the right of lifetime inheritable possession has the right to transfer the land plot only by inheritance.

The right of lifetime inheritable possession of a land plot shall be terminated when the land user renounces his right to the land plot or by virtue of forced withdrawal.

Servitude - This is the right to limited use of someone else's land. An easement is established to ensure passage and passage through a neighboring land plot, the laying and operation of power lines, communications and pipelines, the provision of water supply and land reclamation, and other needs that cannot be provided without the establishment of an easement.

private easement established in accordance with civil law. An easement is established by agreement between the person requiring the establishment of an easement and the owner of a neighboring plot. In case of failure to reach an agreement on the establishment or conditions of the servitude, the dispute is resolved by the court.

public easement established by laws or regulatory legal acts of the Russian Federation, a constituent entity of the Russian Federation, local governments in cases where this is necessary to ensure the interests of the state, local government or local population, without seizure of land.

When a land plot cannot be used for its intended purpose as a result of an encumbrance with an easement, the owner has the right to demand:

▪ termination of a private easement by court;

▪ withdrawal, including through redemption, of a plot with compensation for losses or the provision of an equivalent plot of land with compensation for losses (public easement).

Right of gratuitous fixed-term use to a land plot is a property right of persons who are not owners. The specified right is terminated by the decision of the person who provided the land plot, or by agreement of the parties: upon expiration of the period for which the land plot was provided; in case of refusal of the land user from his right to the plot or due to forced withdrawal.

Rights to land are subject to state registration in the manner established for registration of rights to real estate.

Author: Medentsov A.S.

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