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

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

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26. GROUNDS FOR TERMINATION OF LAND RIGHTS

Grounds for termination of ownership: in case of alienation by the owner of his land plot to other persons, refusal of the owner of the right of ownership to the land plot, due to forced withdrawal from the owner of his land plot.

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

Grounds for termination of land lease. The lease of a land plot is terminated on the grounds and in the manner provided for by civil law.

Termination of the lease on the initiative of the lessor is not allowed: during the period of field agricultural work; in other cases established by federal laws.

Grounds for termination of the right to free temporary use of a land plot. This right is terminated by the decision of the person who provided the land plot, or by agreement of the parties: upon the expiration of the period for which the plot was provided; when the land user refuses his right or due to forced seizure.

These rights are terminated forcibly:

1) when using a land plot not in accordance with its intended purpose and belonging to a particular category of land;

2) use of a land plot in ways that lead to a significant decrease in the fertility of agricultural land or a significant deterioration of the environmental situation;

3) non-elimination of the following land offenses committed intentionally:

▪ poisoning, contamination, damage or destruction of fertile soil layer;

▪ violation of the regime of use of lands of specially protected natural areas, lands of environmental, recreational purposes, lands of historical and cultural purposes, especially valuable lands, other lands with special conditions of use;

▪ systematic failure to implement measures to improve land, protect soils from wind and water erosion and prevent other processes that worsen the condition of soils;

▪ systematic failure to pay land tax;

4) non-use of a land plot intended for agricultural production or housing or other construction for the specified purposes;

5) withdrawal of a land plot for state or municipal needs;

6) requisition of a land plot;

7) in other cases provided for by federal laws.

Grounds for termination of easement. A private easement is terminated on the grounds provided for by civil law. A public easement is terminated if there are no public needs for which it was established.

Grounds for termination of land rights are also:

1) withdrawal, including by redemption, of land plots for state or municipal needs in connection with the circumstances in the manner and under the conditions provided for by federal laws;

2) land confiscation - gratuitous seizure by court decision in the form of a sanction for committing a crime;

3) land requisition - temporary withdrawal in order to protect the interests of citizens, society and the state from threats arising in connection with emergency circumstances.

Author: Medentsov A.S.

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