Land law. Legal regime of lands used for personal farming, gardening (most important)

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Land law. Legal regime of lands used for personal farming, gardening (most important)

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66. LEGAL REGIME OF LAND USED FOR PERSONAL AUXILIARY HOUSEHOLDS AND GARDENING

Land plots within the boundaries of settlements and from agricultural land may be used for personal subsidiary plots, gardening and horticulture. Therefore, the legal regime of land used for personal subsidiary plots, horticulture and horticulture is closely related to the legal regime of agricultural land. Features of the legal regime of lands used for personal subsidiary farming, horticulture and horticulture are the grounds and procedure for acquiring rights to land plots from settlement lands, agricultural land owned by the state or municipal government for personal subsidiary farming, horticulture and horticulture.

For personal farming a land plot within the boundaries of settlements (homestead land) and a land plot outside settlements (field land) can be used.

A personal plot of land is used for the production of agricultural products, as well as for the construction of a residential building, industrial, domestic and other buildings, structures, structures in compliance with urban planning regulations, construction, environmental, sanitary and hygienic, fire and other rules and regulations.

The field land is used exclusively for the production of agricultural products without the right to erect buildings and structures on it.

Limit (maximum and minimum) sizes of land plots are established by regulatory legal acts of local governments.

The maximum size of the total area of land plots that can be simultaneously under the right of ownership and (or) another right for citizens who maintain personal subsidiary plots is established by the law of the subject of the Russian Federation.

The turnover of such land plots is carried out in accordance with civil and land legislation.

For horticulture and horticulture land plots may be granted to gardeners, gardeners, dacha owners and their horticultural, horticultural and dacha non-profit associations that have received such land plots from lands owned by the state or municipal property, carried out without bidding for a fee or free of charge in cases established by federal laws, laws of subjects of the Russian Federation.

Land plots related to common use property are subject to transfer to the ownership of a horticultural, horticultural or dacha non-profit association free of charge.

Citizens who have been granted garden, garden or dacha land plots on the basis of the right of lifetime inheritable possession or permanent (unlimited) use shall have the right to register ownership of such land plots. Decision-making on granting such land plots to the said citizens in the ownership of such land plots in this case is not required.

The turnover of such land plots is regulated by civil legislation, unless otherwise provided by land legislation.

Author: Medentsov A.S.

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