Land law. Rent of land (most important)

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Land law. Rent of land (most important)

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31. RENTAL OF LAND

Land plots can be leased on the basis of a contract. General provisions on the lease agreement are established by the Civil Code of the Russian Federation. Features of the lease of land plots are determined by land legislation.

Under a lease agreement, the lessor undertakes to provide the lessee with property (land) for a fee for temporary possession and use. The fruits, products and incomes received by the tenant as a result of the use of the land plot in accordance with the contract are his property. The tenant also has separate rights to dispose of the leased land - he can sublease it.

Tenant can be any natural or legal person. At the same time, foreign citizens, stateless persons may have land plots located within the territory on the right of lease, except as otherwise provided by law.

Landlords can only be owners of land plots, as well as persons authorized by law or the owner.

The lease agreement is concluded for a period specified in the agreement. If the lease term is not specified in the agreement, the lease agreement is considered concluded for an indefinite period.

Land plots that are in state or municipal ownership are provided for a period of 49 years (the maximum (limit) period).

Upon the expiration of the term of the lease agreement for a land plot, its tenant has a pre-emptive right to conclude a new lease agreement for a land plot, except in cases of transfer of rights to immovable property located on this land plot.

The amount of rent is determined by the lease agreement. The general principles for determining the lease payment for the lease of land plots owned by the state or municipal authorities are established by the Government of the Russian Federation.

A land plot may be leased out for state or municipal needs or for survey work for a period not exceeding one year.

When selling a land plot that is in state or municipal ownership, the tenant of this land plot has the pre-emptive right to purchase it in the manner established by civil law for cases of sale of a share in the right of common ownership to an outsider.

When renting a land plot that is in state or municipal ownership for a period of more than five years, the tenant of the land plot has the right, within the term of the land plot lease agreement, to transfer his rights and obligations under this agreement to a third party without the consent of the owner of the land plot, subject to notification. Changing the terms of the lease agreement without the consent of its tenant and limiting the rights of its tenant established by the lease agreement are not allowed. Early termination of a lease agreement for a land plot concluded for a period of more than five years, at the request of the lessor, is possible only on the basis of a court decision in case of a material breach of the land lease agreement by its tenant.

In case of inheritance of land plots by persons who have not reached the age of majority, their legal representatives may lease these land plots for a period until the heirs reach the age of majority.

Author: Medentsov A.S.

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