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The right of lifetime inheritable possession. Land Code of the Russian Federation, Article 21

Legal regulation of property and other rights to land, their content, features of their acquisition, termination and realization is based on constitutional provisions. Important guarantees are the provisions of the Basic Law, in accordance with which private, municipal, state and other forms of ownership are recognized and protected. Use, disposal, ownership of land is free, if the actions of persons do not harm the environment and do not infringe on the interests of other parties. Constitutional norms have a direct effect and are applied directly on the ground. inheritance right

Legal aspect

Constitutional norms have been developed and detailed in the provisions of industry laws. The most important sources of legal regulation of relations are the Civil, Land Codes, as well as the Federal Law and other normative acts. The procedure in accordance with which state registration of ownership of allotments is carried out is established in the Federal Law No. 122.

The main types of constitutional guarantees

The law provides for the following provisions:

  1. Free exploitation of property and its abilities for conducting commercial activities.
  2. The right to own, dispose of, use the property alone or together with other persons.
  3. Private property protection.

Citizens and legal entities may be allocated land. Similar legal opportunities are established for them, as for real estate. The right of ownership allows you to freely carry out various transactions within the law. However, the norms provide for groups of limited opportunities. Without proper registration of rights, a land plot cannot be the subject of a number of transactions. Some of them may belong only to legal entities or citizens, or both. For such categories, a specific procedure has been established in accordance with which the operation of the allocated territories is allowed.

General classification

The system of limited legal capabilities includes the following rights:

  1. Housekeeping.
  2. Operational management.
  3. Inherited (lifetime) ownership.
  4. Perpetual use.
  5. Easement.
  6. Buildings. This right applies not only to land, but also to structures and buildings. right to land

The first two categories apply to legal entities. The fourth is for organizations and citizens. The subjects of the right of lifetime inheritable possession are individuals. Let us further consider the third category in more detail.

The right of lifetime inherited ownership of a land plot: general information

This legal category was introduced by the industry legislation of the RSFSR, in force since 1991. Subsequently, the concept was developed in the Russian Civil Code. According to Art. 265 the right of inherited lifetime possession of a land plot owned by the state or the municipality is acquired by citizens only on certain legal grounds and in the manner prescribed by industry legislation.

The situation before the introduction of the new Code

In accordance with the previous LC, citizens had the opportunity to use allotments indefinitely, without registering them as property. In such territories it was allowed to carry out the construction of various structures, including residential, utility and other buildings. At the same time, perpetual use was included in the inheritance.This type of land was not subject to other legal options. So, citizens could not give, change, sell and make other transactions. The very right to ownership of such plots belonged to the state or the municipality. inheritance to the land

Introduction of the new Code

Current legislation excludes a number of limited legal opportunities for citizens. So, allotments today are not transferred to a lifetime inheritable possession. However, those individuals who received allotments prior to the introduction of the Code can take ownership of them. The opportunity remained for citizens to pass them by inheritance. However, the current legislation is aimed at the gradual elimination of this form of disposition of property.

Category Features

The right of lifetime inheritable possession is a peculiar type of legal opportunity, providing for certain restrictions. The further procedure of registration of the allotment in the property can be greatly facilitated if the citizen has the appropriate certificate certifying the transfer of property. Nevertheless, having it, a person cannot carry out any transactions with the allocated territory. For other options, inheritance tenure should be renewed. There is an exception to this rule. A citizen has the right to transfer the land by inheritance without registering ownership of it. Registration in this case will be based on the relevant certificate. inherited tenure right

Citizen opportunities

A person who has the right of lifetime inheritable possession may build on the territory of a structure, building or create another immovable object. Subsequently, this property can be registered in the property. In general, the procedure for operating the allotment is similar to that established for unlimited use. The legislation establishes the limits of the allocated territories. Affiliation of the allotment to a specific person is confirmed by an act on the right of inherited tenure for life.

Controversial moment

In notarial practice and the activities of registration authorities, a question often arises regarding the subject of inheritance if the deceased has an allotment of the category in question. The ambiguity is as follows. Authorized persons often cannot determine what exactly acts as the subject of transfer to the successors: directly the land or the right to it. This issue is regulated by Art. 1181 GK. According to its provisions, the right of lifetime inheritable possession can be transferred to successors in the total mass of property. No special permissions are required for its adoption. The right to a land plot, therefore, passes on a general basis. This issue is regulated not only by the Civil Code. A similar situation is present in the current RF LC. It is presented in paragraph 2, Article 21. In this paragraph, it is said that it is the right of lifetime inheritable possession of the allotment that passes to successors. subjects of life inheritance right

Design Features

In the Federal Law governing the registration of immovable property and transactions with them, indicates the mandatory procedure for successors who received the right of lifetime inherited ownership. Along with this, the Federal Law establishes the rules for its implementation. In order to register the right of lifetime inheritable possession, successors must present the corresponding notarial certificate.

It can be obtained at the place of opening of the case. The certificate is issued directly to the heir or his authorized person by proxy. The necessary documents must be submitted to the notary's office within six months from the date of death of the owner of the property. The certificate is issued after 6 months, but the law provides for exceptions.The successor may receive the document before the deadline if there are no other persons entitled to claim the property. This fact must be confirmed by relevant papers.

Paper

To obtain the right to a land plot, you must have two supporting documents:

  1. A certificate issued by authorized representatives of the local administration where the allocated territory is located, or of the state authority certifying its status. Citizens receive the last document from the Committee on Land Resources and Land Management of the district in which the allotment is located.
  2. Cadastral passport for the allotted territory. deed of tenure

Termination of inherited tenure of land

The law provides for three reasons. The right is terminated in the following cases:

  1. When making allotment in the property.
  2. In case of refusal by the owner of the site of the corresponding right to it - voluntary expression of will.
  3. As part of a coercive administrative impact.

Termination of law in the latter case is regulated by Art. 54 LC RF. In accordance with it, coercive influence is the responsibility of the relevant authorities. Such termination of rights takes place in case of improper use of the allotment (in case of improper use or with a significant deterioration of the environmental situation, systematic tax evasion and other violations). To carry out the procedure, the authorized body must have an appropriate court decision. inherited tenure rights

additional information

Citizens who have plots of land by inheritance (life) ownership rights can acquire them by submitting the document indicated above. Each citizen can do this once. However, the legislation does not provide for the collection of any additional amounts, except for the established state duty. It should also be noted that the registration of land transferred to inherited (lifelong) ownership and perpetual (permanent) use is not limited to any mandatory period. Thus, a citizen can at any time take ownership of the allotment. Registration of rights takes place in the authorized territorial authority at the place where the land is located.

Conclusion

If a citizen does not want to carry out registration, he can continue to have an allotment within the limits established by law. However, he does not have the right to sell, exchange, make other transactions with property, except for inheritance. The latter is not prohibited by law. Registration certificates that were issued to citizens before the entry into force of new industry legislation are considered valid. There is no need to replace them.


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