The right to land is enshrined in the Constitution of our country. Every citizen has the right to private property, including land. Modern regulations also define the concept of a land plot in the Land Code: this is the name of a part of the earth's surface that has certain boundaries delineated in accordance with federal law.
Laws and Articles
Our country, reforming its own legislation, could not ignore the legislation in the field of land relations, since the land and its potential form the basis for the activities and lives of people.
The definition of a land plot is fixed in Article 11.1 of the Land Code of the Russian Federation. Borders are not the only sign of a land plot, this concept also includes the belonging of an allotment to real estate objects, which can be in private, municipal or state ownership. Permission to make transactions with land was introduced relatively recently. For many years, the concept of a land plot as an object of civil rights has been inextricably linked with state regulation of land issues. For many years the earthrecognized as a type of property and was excluded from civil law relations. A unique opportunity to recognize transactions with land as legal appeared only in recent years. The concept and classification of rights to land became possible after the recognition of private ownership of land.
Purchase and sale of land plots
Modern Russian legislation provides that every citizen of our country has the right to acquire or receive a land allotment and dispose of it at will. Now the concept of a land plot can not be explained to citizens with a non-legal education - land transactions, acts of sale, donation and inheritance of allotments have become commonplace. The phrase "land market" has become a common phrase that is often found in the media. All this became possible thanks to the deregulation of land legal relations.
Civil rights and land rights
The fate of the concept of a land plot as an object of civil rights was not easy. At the first stage, the legislators were faced with the task of creating a set of laws in a very short time that would guarantee the legal transfer of land into private ownership. In a hurry, such norms were also adopted that could be interpreted ambiguously and differently. So at the second stage of lawmaking, it became necessary to introduce the concept of a land plot as an object of civil rights in accordance with the legal norms adopted earlier. Thus was born the Land Code, according to whichall transactions with land on the territory of the Russian Federation are carried out.
Legal land classification
Modern legislation determines that the concept of a land plot should include an established type of use and belong to a certain category. The Land Code of the Russian Federation divides plots into seven categories, according to which the intended purpose of a given land segment is determined. Depending on the category chosen, land can be divided into:
- agricultural land;
- territories allocated for the construction of settlements;
- industrial areas allocated for the construction of industrial facilities;
- Specially protected territories and objects (polygons, border lands);
- national land resource funds (reserves, sanctuaries, etc.).
All classified plots of land have their own type of permitted land use. This category determines how the land should be used. The types of land use may be the same for allotments belonging to different categories. For example, a country plot of land can be used both as agricultural land and for building a house.
There are many types of permitted use. Most often land is allocated for:
- agricultural work;
- personal subsidiary plot;
- horticulture and horticulture;
- dachaconstruction;
- farming;
- housing
It seems that the types of permitted land use are similar to each other, but there are fundamental differences between all of them. Land intended for suburban construction implies the construction of a temporary or permanent home in which you can (or cannot) register. In the country, you can also grow vegetables and fruits for personal use. But the breeding of animals in this area is not provided. Allotments with a gardening and horticulture permit can be built up without the right to register real estate. But plots intended for the construction of individual housing cannot be used for growing vegetables and fruits. Land plots intended for farming allow growing vegetables and fruits for sale, and raising domestic animals. At the same time, the farmer undertakes to register as an individual entrepreneur and pay tax.
Can the type of land use be changed
The concept of land turnover provides that the land user can change the type of land use. To do this, you must apply with the appropriate application to the local administration. The application should indicate the reason for changing the purpose of the land plot and submit documents such as:
- passport;
- cadastral plan;
- documents confirming the ownership of the land.
Question about changing the type of destinationmust be submitted to public hearings, as a result of which, the administration either changes the type of land use, or refuses to do so, indicating the reasons. With a positive decision, the cadastral plan changes, and the owner receives a new certificate for the land. All costs for changing the type of land use are borne by the landowner.
Types of land rights
Each landowner has the right to own a land plot. But the types of rights are quite different, as are the documents certifying these rights. A lot of work for lawyers is delivered by those citizens who do not understand the difference between types of ownership and dispute the original ownership of the land in numerous lawsuits. Consider the most common type of right to land - the right of perpetual permanent use.
Perpetual use
The concept of the right of permanent perpetual use of a land plot is interpreted by law as a real right to land of persons who, in fact, are not the owners of the allotment. A perpetual right is granted on the basis of a legal act or other document certifying the right to use a land plot. If the terms of use are violated, the owner loses the right to use. Usually the loss of such a right is reinforced by a court decision.
There is also the right to lifelong ownership of the allotment. It is valid only during the life of the landowner and in special cases can be inherited. The landowner has no other rights in this case.
Easement
There are concepts of land use that we inherited from the complex traditions of European land law. Particular attention is paid here to the so-called easements. This name bears a limited right to use someone else's land. An easement is established on the basis of the voluntary desire of the owner or on the basis of a court decision. So a limited right can be invoked in the following cases:
- providing passage through the neighboring section;
- laying of communication engineering structures;
- when carrying out the necessary land works (melioration, irrigation);
- others are needed, which can be realized only when an easement is established.
Part of land
In the land code you can find the concept of part of the land. This name was given to a certain area of land, which, with the help of agreed boundaries, can be turned into an independent land allotment. Land plots can be issued in the form:
- Land share. This is the name of the conditional right to own the same plot, which belongs to several persons.
- Land share - monetary value of the land share, which is contributed to the authorized capital of a legal entity.
The generally accepted idea of a land plot as a firmly defined piece of land is incorrect, since this concept can be operated only when a plot is divided into parts. This rule is also confirmed by clause 1 of Art. 11.4 SC. Thus, a land plot enters the legal field only after the legal division of the allotted territory. It is this interpretation of the law that is used in court when resolving land issues.
