The concept of "land" is not just a topic for theoretical reasoning. Understanding this issue affects the exercise by citizens and organizations of a large volume of their rights. Moreover, there is a difference between the owner and all kinds of users.
Terminology
The concept of land is not so complicated. Nevertheless, significant changes were repeatedly made to the relevant article of the LC.
The following term is used in Russian legislation - a part of the earth’s surface that has a number of features that make it possible to identify it. The law expressly indicates the status of the site as things.
What signs distinguish the site
Not every piece of the Earth's surface can be attributed to a land plot, but only one to which an appropriate status is assigned. Today, the concept of land includes land that has the following characteristics:
- assigned cadastral number;
- they are assigned an address;
- boundaries are indicated, area is calculated;
- designated purpose, type of permitted use;
- defined economic characteristics, including value expressed in monetary form;
- fertility indicators calculated (affects agriculture);
- the presence of real estate on the land.
The law provides for the mandatory introduction of a whole list of information about real estate. If we talk about copyright holders - this is one of the main requirements.
Types of land
Legislation considers the following categories in land distribution:
- land for agriculture;
- land for settlements;
- lands on which special objects are located (reserves, other conservation areas);
- lands allocated for forest and water funds;
- reserve lands;
- lands reserved for industrial facilities, electric power industry, transport and other facilities.
Classification helps to fully reveal the concept and types of land.
This list deals with the intended purpose. At the same time, the country approved the classification of permitted use. This includes: garden plots and summer cottages allocated for construction, etc. The document was adopted much later than anticipated, so it was decided not to make any changes to the plots whose purpose was indicated differently than in the classifier.
Thus, the concept of a land plot includes a lot of various objects that are not similar to each other, starting from the grandmother's garden and ending with the arrays on which industrial enterprises are located. However, the rights to operate them are determined by general law.
The concept of land rights
ZK, one way or another, mentions a whole list of land rights or opportunities transferred to citizens, within whose borders they are entitled to use the existing territory. Some of them exist thanks to previously issued normative acts that are no longer in force. The right always remains in effect, and the citizen has the right to dispose of it at his own discretion, and they are also protected by law. The following types of rights are distinguished:
- unlimited gratuitous use;
- gratuitous use for a certain period;
- inheritable tenure right;
- easements - the legal use of another's property;
- property rights;
- rental right.
With the exception of the last two, these forms of land rights are not mentioned in any other acts, except as related to land legislation.
Right of use
They can be endowed with people and organizations. The law established that the decision is made by the owner. If it is a state or municipality, then the allocation of land is based on a decision or order of the authority. Then, an agreement on use is signed with the owner. If the owner is a private person, then only an agreement is signed.
In Art. 39.10 of the Land Code lists cases in which plots are transferred for use. The maximum possible terms for concluding a contract in each case are also specified there.
Article 39.10 spells out a rule obliging organizations and associations created for gardening or horticulture to conduct cadastral and boundary works, and plan the development of the territory. Only authorities and municipal and state organizations have the right to perpetual use.
Inherited Ownership
To some extent, this right is similar to ownership, but with certain restrictions. For example, there is no right to dispose of the land of their own free will (sell, exchange). It is allowed to use only on the conditions specified in the transfer of the site. Allowed only to transfer the object by inheritance. As stated above, this right is reserved, but it is not available to anyone except the direct heir.
Easements
This includes the right to use someone else's property on agreed terms. What is meant by this? For example, the right of passage or laying communications through someone else's site. Private and public easements are provided. Private - provided by agreement of the parties to the relationship. Public - is granted by virtue of a law, decisions of an authority with a view to exercising by the state of its powers or interests of an indefinite number of citizens.
If it is not possible to resolve the dispute by agreement, a lawsuit is filed. Termination of servitude is possible either by court or after the seizure of the land by redemption or confiscation.
Own
It includes all the powers to exercise the rights to the land as an object. The concept of ownership refers simultaneously to ownership, use, and disposal.
It is acquired in several ways:
- make a deal;
- transfer of ownership upon request for free (in cases listed in the law).
The owner has the right to do what others are deprived of. At the same time, it remains the obligation to use the site, taking into account the purpose and interests of other persons (neighbors, owners of easement, etc.).
Rent
Under it is understood the paid use of the plot transferred for temporary use. The agreement spells out its validity. If for some reason the clause has not been agreed upon, it shall be considered that it was concluded for 5 years. The conditions may include the extension of the contract when the parties take certain actions (application for extension or termination of the contract).
The Land Code does not provide a separate concept of land lease. Art. 22 of the Code describes the boundaries of the tenant's rights, for example, the term and scope of rights that are allowed to transfer to third parties. Features of its implementation in a mortgage, when signing an agreement on the integrated development of the territory, etc. A permission is noted to transfer the right to lease into the authorized capital, to mortgage it, to use it in another way. If the term of the lease is more than 5 years, then approval of the use of the site with its owner is required.
Finally
Land has never lost its value as an object of ownership. The concept and types of rights to land plots cannot be attributed to the subject of only theoretical considerations. The law establishes a number of forms for the exercise of land rights; they are quite specific (for example, the right to use). The law provides for situations of land use without their allotment or conclusion of an agreement regarding their use.
The implementation of any right works according to two schemes:
- signing a contract if the transaction is between private individuals (people or organizations);
- signing of the contract on the basis of an order of the authority.
In court, in the course of proceedings, both the lawfulness of the order and the legality of the contract are evaluated.