Land law. Lifetime inheritable ownership (most important)

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Land law. Lifetime inheritable ownership (most important)

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21. LIFETIME HERITABLE POSSESSION

Right of lifetime inheritable possession a land plot is a property right of persons who are not owners. Only citizens can have the right of lifetime inheritable possession. The right of lifetime inheritable possession of a land plot owned by the state or municipality, acquired by a citizen prior to the enactment of the Land Code of the Russian Federation, shall be retained. The provision of land plots to citizens on the basis of the right of life-long inheritable possession after the enactment of the Land Code of the Russian Federation is not allowed. Granting to the ownership of citizens of land plots previously granted to them for lifetime inheritable possession is not limited by a period.

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 Civil Code of the Russian Federation provides for inheritance by law or by will.

The law "On horticultural, horticultural and dacha non-profit associations of citizens" establishes that "garden, garden and dacha land plots provided to citizens on the basis of the right of lifetime inheritable possession are inherited by law." Consequently, the inheritance of such land plots by will is prohibited.

The Civil Code of the Russian Federation provides for specific features in relation to land plots of peasant (farmer) households. So, in accordance with Art. 258 of the Civil Code of the Russian Federation, a land plot of a peasant (farm) economy is not subject to division, except in cases of termination of the peasant economy. Therefore, if there are several heirs of the right of lifelong inheritable possession, and the plot is not subject to division, then the issue of transferring the right of lifelong inheritable possession of the land plot to one of the heirs and paying the rest compensation for their share is decided.

State registration of the transfer of the right to lifelong inheritable possession of a land plot by inheritance is carried out on the basis of a certificate of the right to inheritance.

Citizens who have land plots in inheritable possession for life have the right to acquire them in their ownership. A citizen has the right to acquire the land plot in his lifetime inheritable possession for free once, free of charge, while the collection of additional amounts of money in addition to the fees established by federal laws is not allowed.

A citizen who has the right of lifetime inheritable possession has the right to own and use a land plot. Unless otherwise follows from the conditions of use of a land plot established by law, the owner of a land plot has the right to erect buildings, structures and create other immovable property on it, acquiring the right of ownership to it.

The owner of a land plot may transfer it to other persons for rent or free fixed-term use.

The sale, pledge of a land plot and the commission by its owner of other transactions that entail or may entail the alienation of a land plot are not allowed.

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.

Author: Medentsov A.S.

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