Many people prefer to register various real estate properties, for which a corresponding certificate must be obtained at the Rosreestr. Only on the basis of it is it possible to carry out various operations in relation to a particular object. The owner of the land has the right to use and dispose of his property. His rights are presented in numerous forms, and it’s important to understand how to get an object into ownership, how it is properly executed, and on what grounds a citizen can lose his property.
Who is the owner?
The owner of the site is represented by a person who has the official and legal right to both own and dispose of this object at his discretion. They can be not only individuals, but also different companies, the state or municipalities.
The owner is considered solely the person or organization that properly designed the object, for which you have to contact the Rosreestr to obtain the property certificate.
The owner of the land has the right not only to own and dispose of real estate, but also to erect various buildings on it. Many people are interested in the question, does the owner of the building have the right to a land plot? It all depends on who owns the land, as well as on what basis the construction was carried out. The object can be purchased from the state or private owner if necessary. If it is issued for rent, then it is allowed to redeem it due to the existence of a preemptive right to redemption.
All rights, functions and opportunities of owners are prescribed in Art. 25 ZK.
How is the owner determined?
Different methods can be used to identify the owner of a particular site:
- appeal to Rosreestr for extract from the USRN;
- filing an application with the local administration;
- use of data contained in the cadastre and cartography department;
- the tax inspectorate also has information about the owner, since it is necessary to regularly keep records of real estate for the competent calculation of property tax.
It is easiest to find out the owner if there is information about the cadastral number of the site.
What documents should the owner have?
The owner of the land has the right to realize different opportunities in relation to the territory only if there is certain documentation that confirms his status and availability of rights. These documents include:
- certificate of ownership issued by Rosreestr, and it contains basic information about the site itself, the date of registration of the right and other important information;
- primary papers, on the basis of which the land was transferred to the new owner, and this may include a contract of sale or gift, certificate of inheritance or privatization, court decisions or other similar documents;
- technical papers for the site, presented by the technical plan, extract from the USRN and the survey plan;
- if there is a building on the territory, then additionally there must be documents on it confirming that it acts as an object of incomplete construction or a full-fledged residential building, an outbuilding or other structure.
The above documents do not have any expiration date and therefore can be stored in the family archive for a long time, although it is advisable to update the documentation when making various real estate transactions.
Content of ownership
If a person has in his hands the property of ownership of a specific territory, then he is its owner. The owner of the land has the right to perform any operations with real estate.
It is allowed to perform different actions with the territory:
- cultivate the land;
- transfer partially or fully the rights to it to third parties;
- make commercial transactions;
- provide territory for trust management to other persons;
- sell land at auction or in another way;
- lease land;
- use it to provide different companies or individuals as collateral.
The owner of the land has the right to ownership of all constructed objects, but they must be properly drawn up by him. It is taken into account that all transactions must be carried out in such a way that damage to other persons or nature is not inflicted.
Tenants can only use the land within the framework of the rights received by them on the basis of a lease. They cannot dispose of this property.
The right to subsoil
The owner of the land has the right to use all subsoil, therefore, he can extract minerals, as well as use fresh underground water or ground water bodies. This applies only to common minerals. Their extraction should be carried out without blasting, and it is also important that the minerals obtained are not on the state balance sheet. Another condition is that production is not allowed at a depth exceeding 5 meters.
The owner of the land has the right of ownership to all minerals obtained in this way, but they should be used only for their own needs, for example, in the process of erecting various buildings. If production is carried out for commercial purposes, then for this it is necessary to obtain a license from the state.
Water bodies can also be used for personal needs, for which different wells or wells are installed and used. This makes it possible to carry out water withdrawal for permanent use of citizens. This does not require permission.
The right to build
The owner of the land has the right to erect different objects on it. This includes not only residential real estate, but even industrial, domestic or cultural buildings. For this, different points are taken into account:
- buildings must comply with the purpose of the land and its category;
- during the construction process, numerous norms and rules must be taken into account, which are not only construction, architectural or planning, but also environmental, hygienic, fire-fighting, sanitary or other;
- if underground structures are being built, then this process is not allowed to be carried out to a depth exceeding 5 meters;
- all buildings must be correctly registered with the Rosreestr;
- the owner of the land has the right to erect buildings not only for life, but also for any domestic purposes, but at the same time, norms regarding the distance between different objects and territories belonging to other persons should be taken into account.
Engaged in the construction of objects on their own or with the help of invited experts. Landowners have the right to carry out construction, if this is consistent with the purpose of the land. If violations are detected, then the owners will have to pay a fine and correctly register the constructed structures.
Each building is subject to registration, otherwise it will be classified as illegal buildings.
Not always the owner of the building has the right to land. Land may be unregistered or leased. In such a situation, the citizen owning the building has the preemptive right to repurchase this territory.To do this, contact the local administration with a statement and title papers for the facility.
The right to reclamation work
The owner of the land has the right to use it for farming or other land reclamation, which includes actions:
- drainage procedures;
- irrigation work;
- cultural and technical events;
- construction of ponds or other surface water bodies.
All of the above actions are necessary to improve soil fertility. It is necessary to carry them out in the territories intended for agriculture. The owner can carry out land reclamation work, but at the same time he must take care of all the constructed facilities.
The right to fruits and income
If the land is intended for agriculture, the owner has the right to property for all agricultural plantings and crops. The products obtained from this process can be used not only for own consumption, but also for sale.
An exception is the situation when the owner transfers the land for rent or unlimited use to other persons, since in such a situation the right to fruits passes to other citizens or firms.
The right to dispose of the object
The owner of the land has the right to dispose of it. For this, different actions can be performed:
- sale, and the price is set depending on the wishes of the owner of the territory, therefore, no restrictions are applied regarding the cost;
- give land to others on the basis of the proper preparation of the gift;
- to transfer the object for rent to third parties for a fee, and in this case, the ownership of the territory itself is not lost, but all the fruits received by the tenants belong to them;
- to transfer the property by inheritance, therefore, during life, a person can make a will, and if it is not discovered after the death of the land owner, then only legal heirs can count on real estate on the basis of priority;
- exchange for other objects, and it is allowed to carry out this with surcharge from any side.
All the above transactions should be made only if there is evidence that the owner is acting of his own free will, and is also a capable person. The owner of the land has the right to dispose of it at his discretion, therefore, other persons cannot impede this process.
Territory fencing
The owner of the land has the right to enclose his land for its optimal protection. For this, different fences or other similar fences are installed.
All elements of this design should be located exclusively on the land belonging to this person, therefore it is not allowed to go outside the site. Different materials can be used for construction, and the process itself can be implemented independently or with the help of builders.
Also, the owner of the land has the right to demolish a building that does not belong to him. For example, some neighbors illegally want to expand their territory, so during the construction of various facilities they go beyond the boundaries of their site. The owner of the land can demolish all such structures, and at the same time, no sanctions can be applied to him.
Other owner rights
What rights does the owner of the land additionally have? Owners can perform other actions with territories in which they have the property certificate. Such operations include:
- freedom to visit the territory at any time, which does not require any permission;
- if the neighboring plots do not have any fences, then the owners of other lands can freely pass along them, but at the same time it is not allowed to inflict any damage or disturbance on the owners;
- you can provide your territory for construction to other persons, but the purpose of the land is taken into account;
- encumbrance by easement in no way can become the basis for depriving a person of his rights in relation to the object.
All fundamental rights are contained in the Land Code, so it is advisable for each owner of a territory to carefully study all the articles related to its capabilities in relation to the property.
Specificity of protection of rights
Landowners have the right to carry out construction on the territory, enclose it, sell, exchange or perform any other operations and transactions, if they do not contradict the category and purpose of the land, and also do not violate the law.
A significant right of any owner is the ability to protect their rights. There are frequent situations when third parties try to violate the rights of citizens. Therefore, people can use several ways to protect their territories:
- through the court, various acts issued by state bodies may be declared invalid if they violate the rights of the owner of the site;
- if construction of facilities on the site by third parties begins without the permission of the owner, then it can be suspended in court, after which the owner has the right to demolish these buildings;
- if various acts issued by the local administration violate the law in relation to land owners, then they may be suspended or invalidated.
Some outsiders often even try to register their right to objects belonging to other persons through a court. To do this, they must have title papers or other evidence. If the owner of the territory has all the papers on the object, then there is no way to challenge his right in any way.
Violations of property rights
There are certain situations in which the rights of land owners may be violated. All of them are violations, and most often citizens have to face:
- unauthorized seizure of the territory;
- littering the land with various rubbish or construction materials, and this is usually done by the owners of neighboring plots that are carrying out construction or other work on their territory;
- adoption by the local administration of acts that are contrary to federal laws;
- damage to the land in various ways by third parties or even the administration;
- the destruction of signs of land surveying.
Some violations may be committed by the owners themselves. In this case, there is a possibility that they may lose the site, as it will be seized by civil servants. If other persons violate the interests of the owner, then usually the rights of the owner are restored in court, and the perpetrators are required to pay fines.
Rights limitation nuances
There are certain grounds in the LC that allow restricting the owner of the land in rights in relation to the plot. This is usually due to serious reasons:
- misuse of the territory, for example, land under private housing construction is used for gardening or horticulture;
- erection of unauthorized buildings that are not registered properly;
- during use of the sites, the basic norms and requirements for environmental protection are violated;
- local authorities adopt a special project, on the basis of which construction or paving of the road is required in this territory, but in this case it is necessary to redeem real estate, for which a redemption price is assigned that suits both the authorities and the land owner.
All restrictions are usually imposed through the courts, and there must be really good reason for this. Usually, when detecting illegal buildings, the owner is given the opportunity to properly register them with Rosreestr.
Thus, citizens who have the right to ownership of different land plots can use them for their intended purpose, and also have the right to perform other actions. They can dispose of the object or plant different cultures, as well as carry out land surveying, extract minerals, use water bodies or other benefits. If the rights of citizens are violated, then they can restore them through the court or with the involvement of the administration. Restrictions of rights are allowed only if there are good reasons for this.