Land law. Grounds for the emergence of land rights (the most important)

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Land law. Grounds for the emergence of land rights (the most important)

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25. GROUNDS FOR LAND RIGHTS

The rights to land plots arise on the grounds established by civil law. Rights to land plots, as well as transactions with land plots, are subject to state registration.

Land plots that are in state or municipal ownership may be provided for the private ownership of citizens and legal entities. Foreign citizens, stateless persons and foreign legal entities cannot own land plots located in the border areas and acquire land plots from agricultural land.

In federal property, property of subjects of the Russian Federation, municipal property there are land plots: which are recognized as such by federal laws; the right of ownership to which arose during the delimitation of state ownership of land; acquired on the grounds provided for by civil law. State and municipal property may also include land plots that have not been granted to private ownership until the delimitation of state ownership of land.

Right of permanent (perpetual) use a land plot in state or municipal ownership is provided on the basis of a decision of an authorized state or municipal body. From the date of entry into force of the Land Code of the Russian Federation, land plots for permanent (unlimited) use are provided only to state and municipal enterprises, institutions, as well as state authorities and local governments.

Right of lifetime inheritable possession can only be owned by citizens. The right to a land plot that is in state or municipal ownership, acquired by a citizen before the entry into force of the Land Code of the Russian Federation, is retained. The provision of land plots to citizens on such a right after the entry into force of the RF LC is not allowed.

В free fixed use land can be provided:

1) from lands owned by state or municipal authorities, by state authorities or local self-government bodies - to state and municipal enterprises, institutions, state authorities and local self-government bodies for a period of not more than one year;

2) from lands owned by citizens or legal entities - to citizens and legal entities on the basis of an agreement;

3) from the lands of organizations, transport, forestry, forest industry, hunting farms, state natural reserves and national parks - to citizens in the form of a service allotment;

4) from lands in state or municipal ownership - to religious organizations.

private easement is established by agreement between the person requiring the establishment of an easement and the owner of a neighboring plot.

public easement is 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.

Land plots can be provided by their owners in rent under a lease agreement.

Author: Medentsov A.S.

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