Land law. Land inheritance (most important)

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Land law. Land inheritance (most important)

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32. INHERITANCE OF LAND

The land plot owned by the testator by right of ownership or the right of lifetime inheritable possession of the land plot shall be included in the inheritance and inherited on a general basis. To accept an inheritance, which includes a land plot, special permission is not required.

RџSЂRё land inheritance or rights of lifelong inheritable possession of a land plot the surface (soil) layer, water bodies, plants located on it, located within the boundaries of this land plot, also pass by inheritance, unless otherwise provided by law.

The Civil Code of the Russian Federation provides for inheritance by law or by will. Land plots have different purpose, permitted mode of use and protection, restrictions on the maximum size. Features related to the intended purpose, the permitted mode of use, must be taken into account. For example, when a land plot is owned by a foreign citizen or stateless person, which they are not entitled to possess, then an appropriate procedure for the alienation of such a plot is provided.

At the same time, special rules for the inheritance of certain land plots are provided.

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.

In cases where the right to a land plot belongs to several persons, a share in the common ownership of the land plot will act as an inheritance.

The main principle of land legislation is the principle of the unity of the fate of land plots and objects firmly associated with them, according to which all such objects follow the fate of land plots, with the exception of cases established by federal laws. It also establishes a ban on the alienation of a land plot without buildings and structures located on it if they belong to one person. When the ownership of a land plot and a building passes to different persons, the court, resolving a dispute between the owner of real estate located on the land plot and the owner of this plot, may recognize for one or another party the right to acquire the property of another participant in the dispute or establish the conditions for the use of the land plot by the owner real estate.

Author: Medentsov A.S.

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