Land law. Protecting land rights (most important)

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Land law. Protecting land rights (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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38. PROTECTION OF LAND RIGHTS

As ways of protecting the rights to land plots, the following are provided, in particular.

Recognition of the right to a land plot. Recognition of the right to a land plot is carried out in court. A court decision establishing the right to land is a legal basis, in the presence of which the state registration authorities of rights to real estate and transactions with it are obliged to carry out state registration of the right to land or transactions with land.

Restoring the situation that existed before the violation of the right to a land plot. The violated right to a land plot is subject to restoration in the following cases: the court invalidates an act of an executive body of state power or an act of a local government body that entailed a violation of the right to a land plot; unauthorized occupation of a land plot; in other cases provided for by federal laws.

Suppression of actions that violate the right to a land plot or create a threat of its violation. Actions that violate the land rights of citizens and legal entities or create a threat of their violation can be suppressed by:

▪ invalidation in court of acts of executive bodies of state power or acts of local government bodies that do not comply with the law;

▪ suspension of the execution of acts of executive bodies of state power or acts of local government bodies that do not comply with the legislation;

▪ suspension of industrial, civil, residential and other construction, development of mineral and peat deposits, operation of facilities, agrochemical, forest reclamation, geological exploration, prospecting, geodetic and other work; - restoration of the situation that existed before the violation of the right, and suppression of actions that violate the right or create a threat of its violation.

A non-normative act of an executive body of state power, a local self-government body, and in cases provided for by law, a normative act that does not comply with the law or other regulatory legal acts and violates the rights and interests of a person protected by law, may be declared invalid by a court.

Losses caused to a citizen or legal entity as a result of the issuance of an act of the executive body of state power that does not comply with the law and violates the rights to land and the legally protected interests of the citizen or legal entity shall be subject to compensation by the executive body of state power that issued such an act. Losses caused by violation of the rights of land owners, land users, land owners and tenants of land plots are subject to compensation in full, in the manner prescribed by civil law, including lost profits. On the basis of a court decision, a person guilty of violating the rights of owners of land plots, land users, land owners and tenants of land plots may be forced to fulfill an obligation in kind (restoring soil fertility, restoring land plots within their former boundaries).

Author: Medentsov A.S.

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