Land plots are real estate, and the regulation of the right to own and dispose of them is carried out by bills in the field of civil law relations, in particular the Civil Code of the Russian Federation. In this article we will consider the concept, types of land rights, as well as the emergence and termination of these rights.
The essence of land rights
According to the Civil Code of the Russian Federation, the essence of land ownership rights is determined by three components, also called powers, namely: ownership, disposal, use.
Land ownership means its physical ownership to the owner. Nevertheless, the owner of the land resource may not be the owner on the basis of documents legally confirming this authority. All types of land rights imply the use of it, that is, the use of its beneficial properties (example: cultivating the land in order to grow crops on it).
Often possession and use is perceived as one and the same action, but this is not entirely true. Sometimes the owner does not use his property, but also does not transfer ownership to another person. Example: forestry enterprises are rightfully the owners of forest land plots, but they themselves do not use them, they only protect them from illegal interference and control the activities of other forest users.
The emergence of ownership
According to the current legislation of Russia, the acquisition of real estate in the form of land resources is possible in two ways, these are:
- Privatization.
- Civil law method.
The privatization method combines the types of land rights acquired by citizens in cases where:
- A private or legal entity receives a land plot from state reserves for personal disposal, use and possession.
- A member of an agricultural cooperative, a collective farm leaves its structure and takes its share in the form of a plot of land.
After the adoption of land reform in Russia in 1990, citizens could obtain ownership of land from a redistribution fund formed from reserve resources. The redistribution fund included reserve land plots and those that were considered inefficiently used by state farms and collective farms. Local authorities were responsible for the formation of the fund, and, as practice has shown, the quality of reserve lands was far from the best in the region.
The civil-law method of transferring property includes sale and purchase transactions, deed of gift, inheritance and other actions prescribed by law, as a result of which an individual or legal entity acquires the right to land ownership through the preparation of civil regulatory documents.
Termination of Title
Termination of ownership of land can be carried out by the following legal means:
- The most common method is civil acts. These may be commercial transactions, as a result of which the owner loses ownership rights. Often land ownership ceases upon donation, as well as upon exchange. However, in the event of an exchange, the owner loses the right of ownership to one land plot and acquires to another.
- Disclaimer of ownership. In this case, the termination of the right is postponed until it is acquired by another person.
- Redemption of land for public use.
- Seizure of property for the obligations of the owner. Example: collection by a credit institution of a pledged item (land) from an owner as a result of non-fulfillment of obligations of the latter.
Obligations of the land owner
Current legislation of the Russian Federation describes not only the types and forms of land rights, but also the responsibility of the owner of these powers. Since land, in addition to the object of personal property, is also part of the ecosystem of the region and even the state, the land owner has a certain responsibility for its use. First of all, regardless of what kind of land rights the owner has, land law obliges the owner not to violate the rights of other land users.
Mainly, the obligation of the owner is to comply with all established standards for the use of real estate for its intended purpose. For example, if a land plot was acquired for construction, then the owner is obliged to carry out construction work in accordance with fire, urban planning and architectural standards.
When it comes to the use of agricultural land, the owner of the site should dispose of it in such a way as not to impede the similar activities of citizens of the neighboring territory, who also have certain types of land rights. In this case, land plots should be used for their intended purpose. In this sphere of legal relations, the current legislation identifies the following violations: inappropriate use of the site and its clogging, tillage by methods leading to a decrease and damage to its useful properties, as well as refusal to carry out mandatory measures to improve agricultural land.
In addition, all types of land use rights in the agricultural sector oblige its owner or tenant to comply with environmental principles without affecting the environmental situation in the region. Additional obligations appear for owners of special purpose territories, such as nature reserves, resort and health zones.
Land ownership
According to the current legislation of the Russian Federation, forms of land ownership are divided into three groups:
- Private ownership consists of land rights of legal entities and citizens.
- State ownership includes rights to land owned by the state or its entities. Federal bodies or bodies of the federation of republics and autonomous entities dispose of this form of ownership.
- Municipal ownership is managed by local governments.
Existing types of land rights in the Russian Federation
The powers of ownership of a land plot come in several varieties. The types and forms of land rights, as well as their content, are clearly visible in modern legislation, in such bills as the Land Code of 2001 as amended, the Constitution, Federal Law No. 101-. The classification of these property rights has a hierarchical structure, which can be conditionally divided into two groups: property rights and obligations.
The group of property rights consists of direct ownership and types of other rights to land (inheritable possession for life, permanent unlimited possession, limited possession of other people's property). Other property rights also enable their owner to dispose of the land at the target value, but taking into account the discretion of the owner of the territory. Obligatory types of land rights are: rent and free term use. Consider each of these species separately.
Land ownership
The right of ownership gives the owner the full powers of possession, disposal and use of real estate. The subjects of this right are individuals and legal entities. Object - land plots owned, disposed of and used by the subject of ownership. The owner of the land has the right to use his territory for its intended purpose, as well as everything that is above and below the surface of the earth, unless otherwise provided by law regarding the procedure for using soil and airspace.
Inheritable tenure right
After the collapse of the USSR, in order to compensate for the shortage of the private sector in the field of land property, the forms and types of land ownership were supplemented by a system of inherited tenure of land for life. Over time, as the private sector expanded and the Federal Land Code entered into force, the transfer of land to citizens on the basis of life tenure was canceled. Nevertheless, property rights in the territory that were transferred prior to the reform of land legislation are retained. At the same time, a citizen who has at his disposal a life-long inherited immovable property may re-register it into his property.
Permanent Permanent Ownership
Another institution of post-Soviet land law is the right to permanent use of the territorial resource. This right was also granted to expand the private sector, but with respect to legal entities. Currently, this right has been partially abolished, or rather, the circle of subjects of legal relations has narrowed. If in the post-Soviet time the lands were transferred to all claiming legal entities for perpetual possession, today the circle of applicants for this right has narrowed to state entities (state and municipal organizations, local governments, state institutions). Other organizations are deprived of this right, which, however, does not prevent them from issuing a lease for this site.
The right of limited use of another's property
Easements, as types of land rights, are of a somewhat specific nature and are expressed in the right of limited disposal of foreign territory. There are times when the household needs of the land owner cannot be physically solved without using part of the neighbor’s land. Example: driving through nearby foreign territory, laying communication lines, including electricity, gas, irrigation systems.
In such a case, the owner of the site may conclude an agreement with a neighbor on the right to use parts of his territory (easement) for a fee. If an agreement has not been reached, the owner has the right to file a lawsuit with the court demanding the provision of an easement. In addition, a non-owner on the basis of permanent use rights or a life-inherited land plot may also be a candidate for a limited use right of a neighboring plot. Termination of the easement by the owner of the encumbered plot is entitled to demand in the event of loss or improper fulfillment of the conditions of easement.
Land lease
It is also possible to use land plots and benefit from them without being their owner, also through leasing. For this, a lesser agreement is concluded between the lessor and the lessee, according to which the lessee has the right to use this site for the amount of money specified in the contract and subject to the agreed conditions.
A tenant has the right not only to use the land plot leased for its intended purpose, but also to use the lease rights for the duration of the contract as a contribution to the charter capital, pledge or share, and also transfer them to a third party. To perform these actions, if this does not contradict the concluded agreement, the additional consent of the land owner is not required, only his written notice is sufficient. In this case, the lessor has the right to demand through the court termination of the lease only in case of gross violations of the contract. Upon termination or termination of the lease, the rights to the land plot are fully returned to the lessor.
The right to gratuitous urgent use of land resources
Types of land rights in the Russian Federation also include the so-called rights to use the plot free of charge. The holder of this right is obliged to use the land provided to him for the specified period of time and return the owner of the land in satisfactory condition. The object of this right may be state and municipal lands, the recipients of which can only be state structures and local authorities, as well as municipal and state institutions. The validity of this right is 1 year.
The land of individuals and legal entities, which can be transferred for use to other citizens and organizations, may also be an object of rights for free urgent use of a land plot . The term of validity of obligations is established by the contract or the term of service of the employee (in the case of official allotment of land by the employee).