The concept and composition of agricultural land are enshrined in the LC. According to article 77, these territories include sites located outside the boundaries of settlements provided for agricultural needs. Let us consider in more detail the concept and composition of agricultural land.
Specificity
The key feature of agricultural lands is that they are the main means of production. Activities in such areas are associated with the receipt of products, animal feed, industrial raw materials. In this regard, the Federal Law "On the Turnover of Agricultural Land " and the LC establish a special legal regime. It includes measures to ensure the protection of soils, increasing their fertility. The regulations also establish measures to prevent the removal of these territories from agricultural circulation. As subjects of rights to the plots are organizations and individuals. persons meeting the requirements established by law.
The concept and composition of agricultural land
The considered territories are divided into:
- The lands.
- Plots occupied by communications, on-farm roads, tree and shrub plantings intended to protect allotments from the negative effects of man-made, man-made, natural phenomena, enclosed bodies of water, buildings, structures, buildings, used for production, storage, primary processing of agricultural products.
According to article 79 of the LC (p. 1), the lands are divided depending on the economic feasibility of their operation and natural properties into:
- Hayfields.
- Arable land.
- Pastures.
- Territories occupied by perennial crops.
- Deposits.
Additionally
The structure of the land fund also includes specially protected, productive territories. These include, among other things, areas (fields) of research, educational institutions. The list of such allotments is established in regional legislation. The category of land under consideration - agricultural land - also includes plots provided to citizens for private farming, collective and individual gardening, gardening, and animal husbandry.
Other territories
The land fund includes the area on which agricultural objects are located. These include:
- Communications.
- The roads.
- Tree and shrub plantings designed to protect territories from the negative effects of external factors, closed water bodies.
- Constructions, structures operated for production, primary processing, storage of agricultural products.
These lands are called non-agricultural land. They also include inconvenience - swamps, ravines, etc.
Types of agricultural land use
A special position among all territories is occupied by lands on which tree and shrub plantings are located, which provide protection from the negative effects of the environment. On the one hand, the permitted use of agricultural land allows the exploitation of these areas for growing plants. On the other hand, they are the territorial basis for planting. The structure of the land fund allows the exploitation of land for a variety of purposes. For example, subjects can conduct agricultural production, create protective plantings. Lands are used for research, educational and other purposes. Meanwhile, when allocating plots to specific subjects, restrictions may be set. For example, some territories are allowed to be used only for forestry, horticulture or gardening. Such restrictions affect the scope of rights of subjects. So, a farmer can build a house on his allotment, but a gardener or the owner of a private household plots - no.
Legal action
Considering the concept and composition of agricultural land, it is necessary to say about the opportunities that are provided to the subjects, depending on the type of territory and the legal regime. General provisions fix GK and ZK. The Federal Law "On the Turnover of Agricultural Land " defines the conditions for concluding leases of territories in shared ownership (Article 9) and other agreements. In accordance with the current regulations, land plots can be sold, mortgaged, donated, put into operation, dispose of in other ways. Moreover, allotments should not be withdrawn or limited in circulation. Upon completion of each legal action, an agreement is concluded with the objects.
Sale
This transaction is considered the most common. According to Section 3 of the LC, the sale and purchase of plots is regulated by the Civil Code, unless otherwise provided by the Forest, Land, Water Codes, the Laws "On Subsoil", "On the Environment" and other acts. The conclusion of an agreement for the acquisition / sale of an allotment is carried out in accordance with the rules of Articles 549-557 and 454-491 of the Civil Code. In addition, the features of Art. 37, as well as Art. 10.8, 3 101-FZ .
Requirements
For the sale of the allotment, a number of conditions must be observed. In particular:
- The site must be registered with the state according to the Federal Law No. 28.
- The seller cannot set conditions for restricting the acquirer to take subsequent actions related to the disposal of the object, the possibility of a repurchase, and relieving himself of any responsibility in case of claims for the allotment by third parties.
- The buyer, upon providing the owner with knowingly false information about the site, may demand a reduction in price or termination of the agreement. Additionally, he may sue for compensation for losses incurred.
Mandatory procedure
As part of the transactions for the sale and acquisition of land, agricultural land is valued. It is necessary to obtain reliable information about the market value of the object. It is important for the buyer to know that the price of land is not too high. For the owner, this also matters, since the chances of selling an object are significantly reduced if its value does not match the market. However, the price should not be underestimated. Otherwise, the seller will lose income.
Rent
101-FZ permits the provision of shared ownership plots for operation. The relevant agreement can be concluded with all co-owners, as well as with one entity acting under a power of attorney. The land fund is a unique resource of the country. Its protection is a priority of the state. In this regard, the current legislation establishes strict rules in accordance with which the disposal of plots is allowed. As for leasing, the norms establish the requirement for notarization of powers of attorney, which empower individuals to draw up relevant agreements issued by owners. Certification of a document may also be carried out by officials of territorial authorities.
Owner Rights
The owner of the allotment, renting it out, can independently determine the term of operation. This feature is included in the list of fundamental rights of the owner. The federal law establishes that in accordance with the permitted use of the land provided for rent, regional standards may determine the minimum terms of operation of allotments. Clause 6 of Article 9 of the Law stipulates that the area of the plots provided is not limited.
Important point
As for sales transactions, the law establishes a number of requirements to which the leased plots must comply. To provide a share of the allotment, it must be allocated in kind. For this, land surveying, assignment of a cadastral number and registration of rights are carried out. Only having completed these procedures, the owner can transfer the allotment for rent.
Inheritance
It is carried out according to the provisions of the Civil Code. The basic procedures and concepts related to inheritance are provided for in Articles 1110-1175. In Art. 1176-1185 secured the provisions governing the transfer of rights to individual property. So, according to article 1181, a site that is owned or on the basis of lifelong ownership is included in the estate and transferred to the general grounds provided for by the Civil Code. For successors to accept these facilities, special permission is not necessary. Soil (surface) layer located within the boundaries of the site, closed reservoirs, as well as plants and forest located on it pass to the heirs.
Special conditions
The legislation fixes additional features of the inheritance of land plots. If the succession is connected with a violation of the requirements fixed by Articles 3 or 4 of the Federal Law governing the circulation of lands, then the entities accepting the property must alienate such an allotment, in accordance with the rules of Article 5. In Art. 3 of the Law defines the circle of persons who cannot be the owners of agricultural land. Article 4 of the normative act establishes the procedure for determining the minimum and maximum allotment area that can be owned by one entity. The criteria by which these sizes are set depend on the requirements of land management. In some cases, the division of the land, which is in shared ownership, is not possible. In such situations, the allotment passes to the successor, who has the pre-emptive right to receive it at the expense of the assigned part of the property. The remaining successors are paid compensation.
Conclusion
The turnover of agricultural territories is a system of redistribution of plots allocated for agricultural needs between the relevant entities. The main operations within the framework of developing relations include rent, sale, inheritance. In addition, plots can be exchanged, pledged, etc. The law requires that a contract be drawn up when any legal action is taken. The rules for concluding an agreement depend on the specifics of the transaction, the presence of restrictions / burdens. In any case, the operations carried out should not infringe on the interests of third parties, as well as damage natural resources.