Life inherited ownership of a land plot is one of the forms of land ownership that de facto continues to exist in modern legislation. The law implies a certain amount of rights and obligations of the owner and the state acting as the owner.
Legislation
Legacy inherited tenure of land in the law appeared long ago. The legal structure existed in Soviet times, then migrated to the 1991 Land Code. The Civil Code only mentions this form of ownership, however, with regard to the grounds for the emergence of this right, its limits and all other issues that arise, you should refer to the Land Code. However, since 2015, due to changes in the LC, one nuance has arisen.
Where did this form of ownership come from?
Heritable life tenure of the land occurred in the Soviet years and worked in this way: citizens received land from the state for use. On it, they had the right to build their own homes, to do household work.
No special document was issued, except for the land allotment act. The decision was made by the local village council. Interestingly, citizens involved in the privatization of land often can not find the acts of withdrawal, which are the main documents giving rights to the land.
Citizens had only the right to use, the state continued to be the owner.
The laws did not and do not give the opportunity to carry out transactions with the plots on the terms of use: they cannot be sold, exchanged or donated. The only thing allowed was to pass on the inheritance.
Current situation
Current legislation contains a norm on inherited lifetime possession of a land plot, but it applies to citizens whose rights arose on land even before the entry into force of the 2001 LC.
This approach is understandable, because privatization is voluntary, and it is unconstitutional to force someone to exercise his civil rights. Therefore, such a norm continues to operate.
People can be forced to abandon privatization by the banal obligation to pay taxes, which are currently quite high. When it comes to using in various forms, the obligation to pay tax does not arise.
Documenting
It should be noted that the LC has been amended and now inherited lifetime ownership of land is not formalized. If for some reason a citizen did not have time to draw it up, he can only agree to lease the plot or privatize it for free. By the way, here the authorities have the right to oblige to conclude a lease agreement through the court.
Those citizens who managed to take possession have a certificate in their hands that confirms their right. According to the current legislation, documents that were previously issued continue to be valid either for the period for which they were issued, or indefinitely, unless otherwise specified by law.
It should be noted that the law did not take away the right to inherit such a plot. Although the rule has been repealed, the rights of citizens continue to apply.
Features of similar ownership
The legal structure of inherited lifetime tenure of land has some features:
- Land remains the property of the state or municipality.
- The right to such a form of ownership was granted exclusively to individuals. Only citizens can be subjects of the right to inherited tenure of a land plot.
- The owner of the plot has the right to erect capital structures, register them as property.
- A full supporting document is a certificate issued by Rosreestr.
Such ownership is similar in nature to the gratuitous use of the land, however, the use lasts for a limited time. Restrictions are established either directly by law, or due to circumstances. For example, the time of use of a house located on such a site.
Transfer of rights to the site
The law prohibits making transactions that are aimed at changing the owner. However, there is one loophole in the current legislation. According to Art. 53 transfer of rights to real estate, automatically leads to the transfer of rights to land under these buildings. In this case, the principle of the unity of the fate of the land plot and the buildings located on it applies.
For this purpose, the site must be a house or other capital building, the rights to which are registered. The peculiarity of capital buildings is their close connection with the land. It is impossible to change their location in any way without destruction or significant damage.
Thus, the right of inherited lifetime possession of a land plot does not limit the transfer of land for money as much as it seems at first glance.
The law does not require the consent of the state body representing the owner.
If, in any regulatory documents of local authorities, a similar obligation is imposed on the land owner, then this contradicts federal law. A way out could be to appeal to the court with a statement about the cancellation of such an act. Another way is to file a lawsuit with Rosreestr. He has the right to demand documents specified only in law.
When the right of inherited tenure of a land plot terminates
The law provides for cases when this right terminates:
- transfer of land to the ownership of the owner;
- the owner decided to waive his rights;
- land acquisition for public projects;
- misuse of the site;
- violation of environmental laws.
Public Exemption
Land withdrawal for public use is allowed for approved projects with compensation to the owners of the land.
A warning is sent to land users in 12 months with the proposed conditions. Compensation is calculated according to the methodology approved by the Government of the Russian Federation.
If, in the opinion of the owner, it is insufficient, he has the right to go to court. Authorities often lose due to non-compliance with deadlines or low redemption prices.
The right of inherited lifetime possession of a land plot can be converted into a decent amount of money if you select a competent lawyer in case of withdrawal of the plot.
What is understood as a violation of environmental laws?
Non-compliance with the following requirements:
- misallocation or misuse (abandonment of construction, if the site is transferred for construction);
- violation of environmental standards;
- spoilage of the soil;
- ignoring the obligations for restoration, as a result of which the site cannot be used for its intended purpose.
The owner is given 3 years. During this time, he must begin construction or other activities provided for by the intended purpose. After this period, the land control authorities make a decision, and the documents are submitted to the court for seizure.
Withdrawal of a land plot for violations stipulated by law is permitted exclusively in a judicial proceeding. The land control body is obliged to collect a package of documents confirming that a warning was issued earlier on the inadmissibility of violations of land legislation. And the owner did not fulfill the requirements set forth in the warning in time.
Termination of the right of inherited lifetime possession of a land plot is permitted either by the will of the owner, or by a court decision. The administration has no right to take away plots without a court.
Obtaining ownership
How is the transfer of a lifetime inherited possession of the land into ownership?
The algorithm of actions is standard. The peculiarity is that the owner is not limited by the time frame. For example, the right to transfer the leased land into ownership or that which is in free use, is valid within the lease or use term. As soon as these rights cease, the right to privatization also disappears.
You can transfer to the property at any convenient time. Moreover, despite the privatization being free of charge, it requires significant funds to pay for land management and registration of rights.
A package of documents for registration in ownership
- Application for transfer of ownership.
- Copy of the passport.
- An order to transfer land into possession or a certificate issued by the Federal Registration Service.
- Cadastral passport of the site.
- Land surveying plan.
The procedure for registration of rights by the heir has its own characteristics:
- inheritance is accepted in a general manner;
- documents for ownership are drawn up;
- privatization procedure in progress.
How is inheritance organized? Life inherited tenure of land is not exceptional.
The new owner does not need to apply for permission to receive such property by inheritance. If the acquirer of the rights to the land is a foreigner, no problems arise. They just are not allowed to obtain land ownership. As for ownership restrictions are not provided.
The right not to issue, if the site was not allocated in kind, there are no borders. Land management documentation is formed either by the owner or his heir.