General grounds for the emergence of rights to land

Each plot of land has an owner who owns the right of ownership. A private person, a company, and even the state can act as it. If the owner is a citizen or organization, then they must have grounds for the emergence of rights to land. They must be represented by official papers called title documents. They are provided when making various real estate transactions made with the former owner, represented by an individual, a company or the state.

General grounds

Any person or company can use the territories only if there are certain reasons. The grounds for the emergence of rights to the land plot are numerous, and all of them must be documented. May occur both in private individuals and in the state or municipality.

Determining the basis for the emergence of rights to land plots is simple, since it acts as an official reason due to which a person, company or state can use or dispose of a specific territory.

All rules for transferring land rights are contained in the RF LC. Included in Art. 25 grounds for the emergence of rights to land.

Land sale contract

The object of such an agreement is land, which may belong to the state, municipality or private owner. On the basis of such an agreement, the territory is redeemed at a certain cost.

When concluding such an agreement, the basic rules should be taken into account:

• the seller must first notify the buyer of all the features of the territory, of the imposed encumbrances and other restrictions;
• the price is set by the seller, and it may depend on the decision of the owner himself, and if the land belongs to the state, then tenders are held for its sale, so the person who offers the highest price for the property becomes the new owner;
• the contract is drawn up exclusively in writing;
• it contains detailed information about the site being sold, and it is important that with the help of this information it is possible to easily identify a specific object;
• additionally, the parties to the contract, sale price of land, payment terms, details of the parties and other important information are entered into the agreement;
• an acceptance certificate is applied to the agreement, on the basis of which the territory actually passes to the buyer;
• to prevent the likelihood of contesting such a document, it is recommended to register it with a notary.

The contract is only the basis for the emergence of ownership of the land, so the buyer must transfer this document together with other securities to Rosreestr, after which he will receive a certificate of ownership.

Before drawing up the agreement, the buyer must independently verify the absence of encumbrances and other problems with the territory. To do this, it is advisable to order an extract from the USRN.

Alienation Transactions

These include a barter or gift agreement. In the first case, the site is changed to another property. This process can be carried out with a surcharge on the part of any participant. The barter agreement must be drawn up in a special form, and also registered by a notary public.

Another basis for the emergence of rights to land is a gift agreement. According to it, the owner transfers the territory to another person free of charge. Such a document is also recorded in Rosreestr.There are certain situations in which such an agreement can be terminated, for example, the donor performs actions leading to damage to property, or he commits a crime against the donor or his relatives.

Inheritance

The basis for the emergence of ownership of the land is a certificate of inheritance. The land may be transferred to other persons on the basis of the data prescribed in the will, and in its absence a plot will be provided to direct heirs.

To receive land in this way, a person must accept an inheritance. It includes not only the values ​​belonging to the deceased person, but also his debts, which must be paid by the heir within the limits of the property received.

Such a transaction is one-sided, but to register it you have to use the services of a notary.

Privatization

Both the company and the private person can privatize land. The preemptive right is enjoyed by citizens or companies that use the territory on the basis of a long-term lease issued by the state. At the same time, it is important that any erected capital objects already exist on the earth.

Privatization refers to the general grounds for the emergence of rights to land. It can be free or paid. It is not allowed to carry out this process in relation to objects seized or limited in circulation.

Court decision

Often, regarding one land plot, there are numerous disagreements between companies or private individuals claiming to use and own the territory. Such disputes are resolved by the court, for which the following is taken into account:

• the documents of each party are examined that are relevant to the territory;
• the person or company wins the case, who have title papers on the object;
• each party is allowed to appeal.

If there is such a decision, it will not be difficult to formalize the right to an object.

Reasons for the emergence of rental rights

In relation to different land, there may be not only property rights, but also rental rights. They arise in the preparation of the relevant lease.

The basis for the emergence of a land lease right is a formal agreement. It can be made with:

• state authorities offering land for various purposes, for example, for agriculture, construction of a commercial or residential facility, as well as for other areas;
• municipality, moreover, an agreement can be drawn up for a period of up to 5 years or for long-term leases, which can reach even 49 years;
• private owner represented by the company or citizen. In this case, the contract indicates the duration of the agreement, as well as prescribes all the actions that can be performed by the tenant in the territory.

The basis for the occurrence of the right to use the land should be confirmed by official documents. They are not always registered with the Rosreestr, as this is required for contracts concluded for a period exceeding 1 year.

How do lands pass to the state?

The state may take ownership of different territories, for which there must be a basis for the emergence of rights to land plots. The methods used for this may vary significantly:

• the issuance of laws allowing the state to seize different areas for its own purposes;
• the process on the basis of which state property is distinguished in the territory;
• use of civil law reasons;
• transfer to the constituent entities of the Russian Federation of territories free of charge for various purposes.

The state can even seize land from private owners, for which good and official reasons for the emergence of rights to land are used. Article 17 in conjunction with Art.18 of the LC indicates the correct sequence of actions on the part of state bodies to carry out this process.

How is the right registered?

If there are grounds for the emergence of rights to land plots that make it possible to register such territory as a property, then the process of official registration of such a right must be carried out.

To do this, a person or company must visit the Rosreestr branch with supporting documents. Only after this will be received the certificate of ownership, allowing you to use or dispose of the property.

The nuances of obtaining rights to land owned by the state

The grounds for the emergence of permanent use rights to a land plot, as well as property rights, may appear for citizens or companies in relation to land owned by the state or municipality. For this, it is important that land is not withdrawn or limited in circulation.

There is the following classification of the grounds for the emergence of rights to land under such conditions:

• adoption of a decision by state or local authorities on granting a land plot to a citizen or company for unlimited use or ownership, for which a privatization procedure is being carried out;
• drafting and signing an agreement under which a private person or company acquires land, and the price is usually estimated in advance based on the cadastral value of the object;
• if the territory is leased, a lease is drawn up containing the amount of the fee, as well as the period for which the land is transferred, and usually this procedure is implemented through tendering.

If there are grounds for the emergence of the right to permanent use of the land, then such use of the territory is unlimited. At the same time, users can erect different capital objects on the territory. Under such conditions, in the future they will have a preemptive right to buy land.

All decisions regarding land owned by the state or municipality are taken only after tendering. They must be registered at least two participants. If any person or company has a preemptive right to repurchase, then the auction is not held.

The subject of such tenders is a piece of land with established boundaries. The auction is organized by the owner of the territory or a special organization acting on his behalf.

The holding of such tenders allows obtaining the grounds for the emergence of rights to land for citizens or firms. What does the land code say about these auctions? They can be carried out on the basis of a decision of the state or municipality, and it is often required to carry them out if there are applications from legal entities or private individuals. In Art. 39.5 LC indicate all situations in which land can be transferred to private users free of charge. In Art. 39.6 ZK is prescribed when an object can be leased without tendering.

How are transactions recorded?

In Art. 164 of the Tax Code states that all transactions carried out in relation to land must be registered. An exception is the situation in which the state leases the territory for a period of up to one year.

The registration procedure itself is divided into stages:

1. There are official papers on the land, and they can be a contract of exchange, sale or gift, and can also be issued by the government authorities after the bidding.
2. Additional documents are being collected. If the applicant is a private person, then a citizen will need a passport and some other documents, for example, TIN, SNILS, documents on the presence of other objects in the property and more. If the applicant is a company, then it prepares registration papers, certificate of registration, TIN and other papers.
3. A statement is drawn up that allows you to register land rights. It indicates the grounds for the emergence of rights to land. The Code requires the formation of this document in a special form, so it is advisable to take the form at Rosreestr.
4. All documents are transferred to the department of Rosreestr, for which you can visit him in person or send papers by mail. It is also allowed to use the electronic method, but for this the applicant must have an electronic digital signature.
5. The documentation is accepted and registered by the employee of the institution. Further, it is thoroughly checked to determine the legitimacy of the applicant's requirements, and it is also important to ensure that there are no contradictions. The validity of the transaction is checked.
6. If there are no problems and violations, the applicant receives a certificate of registration of right. Additionally, he can order an extract from the USRN.

Registration is carried out within 12 days after the provision of all necessary documentation, if the paper was transferred in paper form to the employee of Rosreestr. If the documents were sent in electronic form, then no more than one day is allocated for registration. 1 grounds for the emergence of rights to a land plot may imply a transfer of ownership, while others are only possible to use the territory.

What documents will be needed?

If there are general grounds for the emergence of rights to land, allowing them to take ownership, then for the proper registration process you will need the following documents:

• correctly written statement;
• receipt of state duty;
• applicant's passport;
• if a representative applies to Rosreestr, then he must have not only a passport, but also a power of attorney certified by a notary;
• constituent securities of the company;
• decision of the board of directors to conduct a transaction with land;
• certificate of the company, in which all assets belonging to it are indicated;
• title documents to the site;
• agreement on the basis of which the right to land passes;
• other documents if necessary.

Thus, the grounds for the emergence of rights are the main reasons for the use of real estate and its proper registration.

How do rights end?

There are certain reasons why rights may be terminated for different sites. They can be forced or voluntary.

Voluntary reasons

Owners of land can lose their rights to this property voluntarily for various reasons, which include:

1. Liquidation of a company. If the company closes, then all assets on the balance sheet are sold, and the proceeds from this are used to pay off debts. If excess money remains after this process, then it is distributed among the former founders.
2. Alienation of land by the state on the basis of certain laws, for which a redemption price is set that suits the owner of the land. An agreement is drawn up on a voluntary basis, which allows the owner to profitably sell the territory.
3. The death of the owner of the land, which has no legal heirs. In this case, the land becomes the property of the municipality. Authorities may further dispose of this property at their discretion.
4. Voluntary refusal by the owner of the rights to the land. To do this, they submit an application to the Rosreestr. Based on this document, the land becomes the property of the municipality. Usually, such a decision is made when a person does not have the means to pay property tax or simply does not want to use the land for its intended purpose.

All of the above situations suggest that the owner of the land voluntarily waives the rights to it.

Coercive reasons

In addition, there are opportunities for depriving a person of the right of ownership in relation to any plot by forced means.Most often this happens in a situation when:

1. The citizen has a lot of debts, therefore, enforcement proceedings are opened against him. This leads to seizure of his property, after which it is sold at auction.
2. The need for requisition, which is used if natural disasters or accidents occur, and this action is intended to protect people and the country as a whole. This process involves the purchase of the purchase price, but it does not require obtaining permission from the owner of the site to alienate.
3. The use of land not for its intended purpose, but in violation of the conditions of the law.
4. Nationalization. It assumes that land owned by private individuals or companies is transferred to the state on the basis of certain laws. To this end, compensation for the value of the property is proposed, but a process is being conducted without first obtaining the consent of the owners.

If the owner does not agree with this decision upon the forced seizure of land by the state, then state bodies can file a lawsuit.

Thus, there are many reasons used for the emergence of rights of citizens or firms in relation to different plots of land. Rights may vary, as some are represented by ownership, while others are represented by perpetual possession. Any transaction must be properly executed. There are also certain grounds for depriving a person of his rights. This can be done voluntarily or forcefully.