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Restriction of land rights. Grounds for restricting land rights

Land resources play a crucial role in ensuring the vital functions of society. In this regard, regulations formulating requirements for their rational use take into account their features as a natural object, an element of the environment. The occurrence, termination and restriction of the right to land is determined in the LC and other laws. In normative acts, the articles are formulated so that in their provisions there are rules for compliance with construction, environmental, sanitary-hygienic and other special requirements. Legislation provides the opportunity to use natural resources in ways that do not harm the environment. Let us consider in more detail the concept of restriction of land rights. restriction of land rights

General information

The legislation establishes the priority of protecting land resources as a key component of the ecological environment and means of production in forestry and agriculture before using them as real estate. In accordance with this principle, the ownership, use and disposal of allotments is carried out by the owners freely, if their actions do not harm nature. In this case, the necessary restriction of land rights is formulated in order to ensure environmental protection. This means that each entity with an allotment, when organizing its economic activity, must, first of all, develop concrete and effective measures to protect this resource. They can be very different. The nature of the activities depends on the characteristics of the land, the specifics of the activity. All this is reflected in the legislation. grounds for restricting land rights

Restriction of land rights: land law

Individuals and organizations may dispose of, own and use allotments under the law. However, normative acts provide for certain conditions and prohibitions on the implementation of certain actions. The restriction of land rights is established in accordance with paragraph 2 of Art. 56 ZK. In particular, special conditions of use and a special regime of activity in sanitary-protected, security zones are provided. The legislation formulates the rules for the protection of nature, including flora and fauna, natural, cultural and historical monuments, archaeological sites.

The restriction and encumbrance of land rights is introduced to preserve the fertility, natural habitat, and migration routes of wild animals. The legislation provides certain conditions for the beginning and end of development or development of the territory over a specific period of time according to the project agreed upon by the current rules, repair, construction or maintenance of the road (its section) when providing allotments in state or municipal ownership. The list of restrictions established in the LC is not exhaustive. Some of them are provided for in other normative acts, laws governing the protection of nature and the use of certain types of resources. restriction of land rights is established

Special Areas

In such areas, restrictions on land rights apply. Within these zones there are mandatory rules that owners must follow in order to use the plots. For example, as part of industrial or other special lands, protective, protective, sanitary or other zones should be established.They are necessary to ensure the safety of people, the formation of appropriate conditions for the operation of energy, production, nuclear and radiation facilities, warehouses of hazardous compounds, vehicles, etc. The sites included in such zones are not seized from the owners. But within their limits, restrictions on land rights may be introduced, implying a ban on certain activities incompatible with the designation of these territories. For example, in areas within the security zones of the gas supply system, the construction of buildings is not allowed, the construction of structures closer to the minimum allowed distance to dangerous objects. It is forbidden to prevent the service organization or its authorized service from performing repair work, liquidation of emergency consequences, etc.

Natural monuments

Restriction of rights to land is expressed in a ban on the implementation of any activity that could entail a violation of the integrity of these facilities. Users, owners, owners of sites within which natural, cultural, historical monuments are located, assume certain obligations. In particular, they should provide a regime of special protection of objects. At the same time, all expenses incurred by the entities in creating the proper conditions for the preservation of monuments are reimbursed by the federal budget or extra-budgetary funds.

Important point

The legislation formulates only permissible grounds for restricting land rights. Specific special conditions for the use of certain areas should be determined by acts of executive structures of state or local authorities. These documents may be appealed by entities whose interests are infringed on them. In this case, the termination and restriction of land rights may be established by the court. concept of restriction of land rights

Compensation

When restricting rights to the land, the owner incurs certain losses. They are associated with the inability to fully implement a particular economic activity that generates income. Such losses must be compensated. Subject to compensation, including lost profits. Compensate for the losses required by the relevant entities in whose favor a particular restriction is introduced. Compensation should also be made by persons whose activities required the creation of security, protective, sanitary and other zones with special conditions.

Specificity

Restriction of rights to land has a number of features. In particular, it may be administered indefinitely or for a specific period. In accordance with the law, the restriction is maintained in case of transition property rights to the site from one subject to another. One of the guarantees to protect the interests of the owner is his right to appeal against actions or decisions in court. termination and restriction of land rights

check in

It is allowed only if there is a record in the Unified State Register of property rights to a specific immovable object. But until the delimitation of state ownership of land registration of disposition of land included in its composition is not required. During the procedure, the following information is indicated in the USR records:

  1. Content of encumbrance / limitation of law.
  2. Validity of special conditions.
  3. Information about persons whose rights are limited.
  4. A document in accordance with which special conditions are introduced, its validity.

If registration is not carried out at the request of the owner, owner, user, then these entities are notified of this procedure. The notification must be sent no later than five days from the date of making the relevant entries in the Unified State Register.

Rent

It can serve as the basis for restricting land rights. The land under the relevant contract is transferred by the owner for temporary use or possession. An agreement concluded for a period of more than a year is subject to mandatory registration.The entry into the Unified State Register can be made at the request of one of the parties to the contract or of an authorized entity if he has a power of attorney (notarized). The cadastral passport of the site must be attached to the agreement for registration. At registration, a state duty will be charged. restriction of land rights land law

Mortgage (pledge)

This type of restriction is regulated by the Civil Code, as well as the corresponding Federal Law. The creditor under the obligation secured by the pledge has the primary opportunity to satisfy his claims from the value of the property. This means that the debtor repays obligations to him in the first place, and then to other creditors. It should be noted that the legislation does not allow mortgages of plots that are part of state or municipal property. An exception is the territory intended for housing construction or integrated development for the subsequent construction of residential buildings and transferred to ensure the return of funds provided by a credit institution for its arrangement. The latter, in particular, is the laying of utilities.

Easement

It represents a limited right to use someone else's property. For example, the owner of a plot may require the owner of a neighboring plot to provide him with the opportunity to use the territory of the latter. The easement can also be established in the interests and at the request of the entity to whom the land is provided upon inheritance right or unlimited (permanent) use. Such special conditions may be public or private. In the latter case, the easement is established in accordance with the Civil Code by agreement between interested parties. This agreement is subject to state registration. An owner who is burdened with a private easement may demand a commensurate payment from the persons in whose favor he was introduced, unless otherwise provided by federal law. Special conditions of a public nature are introduced by regulatory acts (regional, federal laws, local government regulations).

A public easement is established if it is necessary to ensure the interests of the population, state or constituent entity of the Russian Federation. Seizure of land is not carried out. A public easement is established after a public hearing, taking into account their results. If the introduction of these special conditions makes it impossible to use the land in the future, then the owner, owner or other entity to which he belongs may demand his seizure, including by redemption. At the same time, the body that introduced the easement additionally compensates the person for losses or provides an equivalent allotment with compensation for losses. In this order, an urgent or permanent restriction of land rights may be provided. Reservation of lands and the introduction of a public easement on them is always carried out for a specific period. occurrence of termination and limitation of land title

Opportunities for non-residents

The legislation provides for the restriction of land rights of foreign citizens. In particular, non-residents cannot acquire land plots included in agricultural territories. This prohibition does not apply to allotments for the management of private household plots, individual housing construction and garage construction, as well as occupied buildings, buildings. Non-residents cannot possess the right of ownership to the plots located in the border zones. Their list is determined by presidential decree. Foreign citizens are not entitled to take ownership of the territories that are provided to members of gardening, summer cottage, horticultural non-profit associations. Non-residents may become members of these societies if the plots are transferred to them as an urgent use or lease.Foreigners cannot receive ownership of land free of charge that is in their inherited lifetime possession or unlimited (permanent) use, as well as in other cases of gratuitous acquisition of allotments provided for for citizens of the Russian Federation. Non-residents cannot take advantage of the opportunity to pre-emptive land purchases upon the redemption of structures, buildings, structures defined in the list approved by the President of Russia.


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