Ownership is the power that the owner has on his property. It is documented and can only be terminated by a court decision. The concept is fully disclosed in the Civil Code of the Russian Federation. Ownership is always associated with other rights: use, disposal. It is impossible to simply possess a thing, one way or another without applying it. At the same time, there are legal ways to only use property without the right to dispose of it. In order to once and for all deal with the confusion of these legal statuses, we will consider them in more detail.
Property and Owner
To own something is to own a number of exclusive rights that determine control, restriction of access and responsibility for what the owner possesses. A person having such civil rights is automatically endowed with the ability to use and dispose of. This allows you to perform actions with property of any nature, in accordance with the letter of the law, of course. In this case, the owner may transfer ownership and use rights to other persons, while remaining the sole owner.
Having a sufficient set of rights, the owner is also responsible for the maintenance of his property, including tax payments, if such is provided for by law. The risks associated with damage to things in general are also borne by the owner.
Subjects and objects of law
The rights of the owner may vary depending on his belonging to a particular category of persons: legal, physical, municipal or state institutions, religious associations. In total, the Civil Code of the Russian Federation combines the rights of ownership, use and disposal in the following form of ownership:
- legal entities;
- private;
- religious and public organizations;
- municipal and state;
- joint.
The rights of each of the subjects of relations are regulated equally, no one is given preference.
If everything is clear with the owners, then what kind of property can be found in Russia? This property is in land plots residential premises and houses, household items, money, stocks and other intangible assets, the media, entire enterprises and their premises. Virtually any property, with the exception of certain categories mentioned in the legislation, can be issued property rights.
Content of ownership
After acquiring property, the owner is vested with an exclusive right of ownership, which represents a whole range of additional powers. The main ones are: ownership, use and disposal. It is the owner who possesses a set of such civil powers, while other persons, by his decision, can be endowed with only some of them. It should also be remembered that the right of ownership applies only to property that may belong to an individual (legal entity) or state-owned enterprise in accordance with the law.
Ownership and use rights allow you to actually own property and use it for your own purposes (including receiving income). However, without respect for tenure rights, subsequent privileges are not available. The right of disposition provides the opportunity to make legal transactions with property: sell, exchange, donate, inherit, lease or pledge.
The right to own and use the land
Persons who have the right to own land can carry out any transactions with it that are not prohibited by law. Regulation of ownership, use and disposal of land is carried out on the basis of Art. 260–287 of the Civil Code of the Russian Federation. The right of ownership passes to the owner after the conclusion of the contract of sale, gift, barter, any other transaction that has legal force, and also in accordance with the will. It should be borne in mind that the owner owns not only land, but also everything that is located on it and belongs to it: soil, mineral deposits or other valuables, water bodies, plants, and other property.
The right to own and use land in the general case allows a person to erect structures and buildings within its borders or to create another type of real estate with the possibility of acquiring property rights to it. In addition, the owner has the right to authorize the construction of other persons. The main requirement is compliance with construction and urban planning rules and the norms and conditions of the intended purpose of the site.
The owner can transfer the rights to own and use property, in this case land, to other persons in the manner prescribed by law. They have rights, according to the contract, but cannot dispose of it.
Ownership of land by the owner of real estate
As already mentioned, the owner of the land may authorize the construction of other persons, if the process does not contradict the law. In this case, the owner of the constructed property is vested with the right to use the land. In case of transfer of rights to the rebuilt property, the new owner continues to use the land on the same conditions and in the same amount. At the same time, he is authorized to apply all aspects of the property right to real estate.
Use of the land has a fixed period. If it is not renewed by agreement of the parties, then the owner has the right to demand to demolish all the buildings and restore the land to its original form. A possible option is to register the rights of the owner of the real estate to the land, or vice versa. A beneficial legal transaction for both parties is usually the extension of the contract for the use of the land.
Land easement
The owner of a land plot (as well as other real estate) has the right to apply to the owner of a neighboring plot for granting limited use rights (what is called an easement). It is usually used to lay communication lines and provide easy access or passage through a bordering area. The implementation of such simple, it would seem, procedures is quite difficult without the easement. Such limited land privileges do not deprive the owner of his own rights. The law does not prohibit the establishment of a fee for the provision of easements.
The parties enter into an agreement on their own and register it. In cases where the owners cannot agree, a lawsuit may be filed. Making easement is justified only in those cases when it is really necessary.
Ownership of the dwelling
Residential premises provide for its use only for the purpose of residence of citizens. The location of production facilities is not allowed. The owner possesses all property rights, which are acquired by purchase, exchange, inheritance and other cases. The owner has the right to independently dispose of the premises: lease it, giving them the right to use and own, or use for his own residence with members of his family.
If the owner plans to place an enterprise in a residential building, you should first change the status of “residential” to “non-residential”. The owner of the apartment, in addition to it, owns a share in the right of ownership of the common property of the house.In the event of the destruction of the high-rise building, such a person will also have a share in the land on which the building existed. The owner has the right to alienate this part.
The right to own and use the premises
As in the case of a land plot, only the owner has the exclusive right to dispose. No one except him can decide the fate of the property, carry out legal transactions and so on without his knowledge and consent. The family of the owner of the apartment automatically acquires only the right to own and use the premises. What rights does this provision give? Family members are authorized to reside (that is, to use housing for their own purposes), to make legal transactions or to change the layout of the apartment with the consent of the owner, to carry out other actions related to living and owning. In addition to the powers, the user of the living quarters bears joint responsibility for its safety and maintenance. Rights and obligations terminate if family relationship broken.
Removable tenants are also endowed with some housing rights. In this case, the owner draws up an agreement according to which for a certain period of time and for a fixed fee he grants the right to own and use the premises. This is a common way of relations in the modern real estate market. It is worth noting that the transaction is considered completed only with the consent of the owner.
Common ownership concept
If several persons have ownership right (two or more), then the object of relations belongs to the subjects equally. The share of the owner can be determined, then we are talking about shared ownership or without such an action (common property). Usually, co-ownership rights arise in relation to property that cannot be divided. In cases established by law, the concept of common property is applicable to divisible material values. A typical example of such a situation is jointly acquired by spouses property. Unless otherwise specified in the contract, then everything that is acquired in a marriage is divided in half when divorcing.
The essence of an indivisible plot can be considered on the example of an apartment building. Each of the tenants has a share in land ownership. At the same time, it can be alienated to other persons. When deciding to sell a share, the owner first notifies the other owners. If none of them agrees to complete the transaction, then the rights may be sold to a third party. The value of the share is determined, if possible, or is considered equal for each owner.
Pledge Rights
The owner has the right to pledge his property, thereby guaranteeing the fulfillment of his obligations. In this case, the pledgor does not have the right to dispose of the subject of the pledge. The owner of the property does not change, and all rights associated with this status remain with him. However, the pledgor has the rights to own and use the subject of pledge, among which:
- use the property in accordance with its purpose, including extracting income or fruits from it;
- transfer without the consent of the owner (pledge holder) the subject of pledge for temporary use or possession to other persons;
- the pledge holder is entitled to use the property pledged only in exceptional cases specified in the contract.
Each of the points is observed only when otherwise is not specified in the contract and does not contradict the legislation. The relationship between the mortgagor and the mortgagee is governed for the most part by contract. According to it, the mortgagor has a significant number of rights to property in pledge. Perhaps the only thing he is deprived of is to alienate property without the consent of the owner.
Termination of Ownership Rights
Ownership in some cases is lost by the owner. In addition to the voluntary abandonment of property, the owner is deprived of the rights of possession, use and disposal in the following cases:
- alienation to other persons;
- destruction or destruction of property;
- confiscation, requisition, collection of property for obligations;
- alienation due to the impossibility of belonging to a given person by law;
- buyout.
Property owned by the state or municipal organizations may be alienated to individuals or legal entities, i.e. privatized, in the manner prescribed by law.
Property rights allow you to dispose of personal belongings, from small material values to real estate. The owner of the property may give other rights of use and possession. Each person possesses something, but only owns something to some extent. The legal relations established in this case shall not contradict the law and the rights of the owner.
