Land tenure provided on conditions of service: the procedure and features of tenure

The land has always been the subject of much debate and conflict. It was because of the fertile plots located at the mouths of large rivers that the first wars began. Later, the feudal lords sought to grow more and more territories to their possessions, subjugating themselves and their inhabitants. Thus, they proved the fullness of their power. So the state appeared and strengthened. Thus, land ownership has always been one of the most important signs of wealth and power. This situation continues today.

hereditary land ownership in Russia

The basic principles of land ownership in Russia

The time when everything was common to all members of society, did not last very long. It is human nature to want to enjoy the benefits of civilization individually and independently. It was because of this desire that land tenure began to take shape. What does this concept mean ?

Land ownership in Russia is the possession of a land by a certain person (both physical and legal) on the basis of ownership, lease, etc.

During the reign of kings there were various categories of this concept. So, it was church, monastery, city, Posad land tenure and, of course, private. Despite the fact that Russia was considered a patriarchal country that was reluctant to adopt the best practices of foreign countries, its system of territorial distribution was much more civilized than, for example, in Ethiopia. There, all the land was completely in the hands of the autocrat, who in a certain way leased it to his subjects. All taxes and taxes collected from her, accumulated in the state treasury.

land ownership in Russia

The concept of patrimony

Until about the 15th century, one type of private land tenure existed in our country. It was the patrimony. If we compare it with land ownership provided on conditions of service, then there is undoubtedly a difference. Man controlled the fiefdom on property rights and could transfer it to his descendants. Inherited land ownership in Russia implied the creation within it of a certain administrative apparatus that controlled the collection of taxes and the organization of work of peasants.

The very origin of the word "patrimony" (paternal property) implied its main attribute - the possibility of inheritance. This form of land ownership originated in Kievan Rus. As a rule, princes and noble members of the squad, as well as boyars, became owners. After the adoption of Christianity by Russia, church estates appeared.

During the political fragmentation of the state, this form of ownership became the basis of feudalism. The lands belonging to the princes were constantly expanding due to awards, ransoms and seizures of neighboring territories. It also led to a significant increase in the influence of the owners of estates on the political and economic life of Russia.

Tenure of Ownership: What is it?

In the 15th century, a local system emerged. It implied the provision of land plots to persons serving for the good of the state. This was at the same time an award for conscientious performance of official duties. At the sovereign's discretion, land ownership provided on conditions of service could be either temporary (that is, while a person is working) or permanent (transferred to a person for life).

What is a manor?

In the middle of the 15th century, a new form of land ownership arose in Russia. An estate is a special type of property, ownership of a site, the right to which was granted for military or public service. There were analogues of this concept in Europe. So, in Spain, the estate was called Hacienda, and in Portugal - hacienda.

hereditary land ownership in Russia

In order to separate this form of land ownership from others, for example, from the patrimony, it is necessary to highlight its main features. These include:

  • Personal character. The estate was provided to a specific person, and was not assigned to a particular position.
  • Temporary. A person owned the estate only for a certain period, which most often ended with the cessation of state or military service.
  • Conditional. The estate was given out to a man not just like that, but in exchange for the fact that he would fulfill certain obligations in relation to the state.
  • Inability to dispose. A person could live on the territory of the estate, carry out agricultural work there, hunt, etc. But he did not have the right to transfer land ownership provided on the terms of service, by inheritance, to sell or trade. If an official was fired from his place of work, then he was forced to leave the estate along with his property.

These are the main distinguishing features of the estate.

tenure of land

Land tenure in modern Russia

Nowadays, much has changed. Now a citizen of the Russian Federation (as well as any foreign person) can own a piece of land on the following grounds:

  • property rights;
  • inheritable tenure right;
  • rental right;
  • unlimited use right.

This possibility is legislatively fixed by the Constitution of Russia (Article 35).

Source: https://habr.com/ru/post/G46824/


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