Every citizen of Russia has the right to own real estate, including land. The Civil Code of the Russian Federation spells out the basic rights and obligations of land owners, methods for obtaining title documents and their types. Wider rights of land owners are described in article 40 of the Land Code.
The right to subsoil
If a citizen has lawfully obtained ownership of the land, he is considered the owner of all the minerals that are on it. This category includes fresh groundwater and surface water, quarries and ponds.
However, the Law "On Subsoil" does not provide for the transfer of subsoil plots to private ownership - land can only belong to the state, therefore, it should clearly distinguish between the concepts of "extracted minerals" and "subsoil plots". In simple terms, the same law allows mining on a site. The main condition is not to use explosive techniques. Moreover, mining is prohibited at a depth of more than five meters.
If minerals are mined subject to all the above rules, the owner of the land has the right to use them exclusively for their own needs. For example, if deposits of sand are found on the plots, the owner has the right to use it to build his own house, but has no right to sell.
The use of water resources is carried out on the basis of the norms and requirements of the Water Code. The legislation does not prohibit the use of surface and groundwater for the organization of decentralized water services for homes and households or use water as drinking water. To dig a well or to extend a pipe into the house, permission is not required.
Natural plantings on the land plot are considered with the land plot as an integral property complex, therefore, for deforestation on your own plot you will have to take a permit.
In unconditional ownership are seeded and wild plants that the owner plants himself, and the harvest from them. A person has the right to plant plants, mow, chop and uproot them.
Construction right
The legislation establishes the right of the owner of a land plot to erect residential, cultural, domestic, industrial and other premises, provided that they fully comply with the intended purpose of the land. Simply put, if the site was purchased for the construction of housing, then it is impossible to build a workshop on it.
In this case, the owner is obliged to comply with all applicable building codes, adhere to the rules and regulations provided for by environmental, fire and sanitary laws.
As a rule, the title documents for the land plot do not directly indicate the possibility of construction, and, therefore, this right is not excluded. The only exception is that land is allocated for a certain type of construction, for example, for individual housing construction.
According to the requirements of the Law "On Subsoil", the construction of underground structures is allowed to a depth of not more than 5 meters.
The right to reclamation work
Land legislation provides for the right of the owner of the land to carry out work that will improve its quality, but all measures must be carried out in compliance with environmental and sanitary standards. The owner has the right to carry out irrigation, cultural, drainage and other works.
Most often, such work is carried out on land provided for agricultural purposes, so the requirements for work are partially presented in the law “On Land Reclamation”.
If the site has reclamation, hydraulic and other structures, including protective forest structures, the owner is obliged to independently maintain, repair, monitor their condition.
Of course, there are restrictions, for example, the owner of the land is not allowed to change the channel of the reservoir if it affects neighboring areas. Such issues can be resolved only by agreement with the authorized state bodies and owners of neighboring land plots.
The right to income and fruit
Normative acts stipulate the right of the owner of a land plot to sow and plant agricultural crops. The owner also has the right to sell the products received. Exceptions are cases when land has been transferred to lifetime inheritable possession or gratuitous urgent use. It is forbidden to receive income from sales if the site is leased - in this case, the second user receives the right to sell the products.
Other rights
At the legislative level, there are practically no other restrictions on the use of land. The owner of a land plot has the right to its alienation, gift, pledge. Simply put, he has the right to commit any legal significant acts. The main thing is that they do not violate the provisions of existing regulations, the rights and legitimate interests of others.
The right to the land owner of the building
The Land Code establishes the right for the owner of real estate located on a particular land plot, and the right to this land. If the transfer of rights to real estate is carried out, then automatically the new owner acquires the rights to the land. After carrying out registration actions in relation to the building, the new owner receives the pre-emptive right to draw up a lease or to buy out a plot of land.
If there are several real estate purchasers, then the owners of the real estate acquire the right to the land plot, depending on the size of the shares. After registration of rights to real estate, the plot automatically becomes common ownership.
The Housing Code of the Russian Federation broadly describes the rights of owners of apartments in an apartment building. Owners of a house on a land plot have rights not only to the land plot, but also to all engineering and auxiliary premises (cellars, elevators, stairwells, roofs, etc.), but provided that they do not belong to anyone and are not privately owned . In the event of the destruction or demolition of an apartment building, apartment owners do not lose their rights to common shared property, that is, to a land plot, and can dispose of it within the framework of civil and land legislation.
Responsibilities
The rights and obligations of land owners are specified in the Land Code. For example, article 42 addresses issues related to obligations. Moreover, they concern not only the owners, but also persons who use the land on the basis of other rights - leases or rights to use.
Special purpose
Despite the wide range of rights of the owner of the land, the list of obligations is not less. One of the fundamental obligations is to use the site exclusively for its intended purpose. Unauthorized changes in the intended use are not permitted. To do this, you will have to contact the local authorities, prove the need for this, conduct land management and only then make the appropriate changes to the cadastral data.
Preservation of boundary and other signs
This is another obligation of the owner or user of the land, enshrined in the law "On Geodesy and Cartography." If any geodetic mark is damaged, the owner is obliged to notify the executive authorities about this and provide unhindered access to it.
Other duties
The third most important is the obligation to protect land, forests, water, mountain ranges, that is, all natural objects located on the land. Commercial use of natural resources is possible only after obtaining special permission.
The owner of the land is obliged to make all the stipulated payments for the use of land in a timely manner. The amount of tax is determined depending on the category of the site and its location.
The obligation arises from the right to use the land by the owner regarding the construction of real estate. During the construction of any building, the owner is obliged to adhere to all urban planning standards, obtain work permits and comply with environmental standards.
And another very important obligation - the owner must do everything in order not to litter and not pollute the site, not to impair fertility, and not to allow soil degradation.
At the level of legislation, it is stipulated that the owner should not allow violation of the rights of others by his actions.
Restriction of rights
There is always a lot of controversy surrounding this issue. Many landowners argue that these measures are completely contrary to the norms of the Constitution. In fact, they did not read the text of the country's main law. In particular, article 55 provides for the possibility of restricting the rights of land owners in the event that this will ensure the inviolability of the existing system, ensure the country's defense, or protect the legitimate rights and obligations of individual citizens of the state. By the way, this norm is enshrined in the Land Code in article 56.
It should be understood that “restrictions” is not a separate type of law, but only a restriction on the actions of the owner of a land plot. Do not confuse the concept of “restriction” and “burden”. The latter term means that the owner is subject to additional obligations (both in terms of use, so in terms of content and so on). The most striking example of an encumbrance is a mortgage contract for the purchase of land. Until all obligations under the contract are fulfilled, the owner does not have the right to alienate or perform other legally significant actions with this site. Data on encumbrance is entered in the register of property rights.
The main types of restrictions:
- restrictions on the use of sanitary protection zones;
- restrictions on the preservation of the architectural appearance of real estate, the animal or plant world;
- public easements.
Violation of the rights of land owners
Any violation of the right of ownership is regarded as an unlawful act that leads to a violation of the interests of the owner, threatens the health of the person surrounding the natural microclimate.
Courts are almost overwhelmed with such claims, and most often the following types of disputes are encountered:
- unauthorized seizure of land;
- contamination or littering of areas;
- elimination of boundary signs;
- the adoption by the municipal authorities of illegal regulations that do not comply with the current land legislation.
If a dispute arises between individuals, the application is submitted to the court of general jurisdiction. If there are complaints between legal entities or individual entrepreneurs, the dispute is considered in the Arbitration Court.
Cases of land withdrawal from property
In the role of the offender may be the owner of the land. Most often this happens in situations where the plot is transferred for agricultural purposes, but after the registration of the ownership right, the owner does not carry out any work for a long time.
On the other hand, the owner has the right to prove the reasons. For example, in a particular region inappropriate climatic conditions or there is no infrastructure necessary for the activity. In such a situation, the owner has the right to demand a change in the purpose.
Land may be withdrawn for state or municipal needs. In this case, the owner is entitled to reimburse the cost of acquiring land in the form of compensation.
It should be remembered that the owner of the land has the right to appeal the decision to seize his property in court.