Land lease is an action that is quite common in modern legal practice. It should be noted that its features are regulated by certain acts of a regulatory nature, as well as legal provisions. Next, we consider the main features of the right to lease land, as well as assignment and assignment - concepts that are also very common in practice regarding the implementation of legislative provisions in this area.
General Provisions
Considering the main features of the right to lease land, it should be noted the basic concepts related directly to the lease. So, on the basis of regulatory acts currently in force, rent is the possession of certain property, limited to a specific period, pre-agreed by the parties to the agreement. This right is granted on a reimbursable basis, that is, for a certain payment, which is also previously agreed upon by the parties. On the basis of normative acts currently in force, any objects, including land plots, can be rental objects.
It should be noted that on the basis of current legislation, depending on the leased object, as well as on the period for which it is provided for use, the period during which a preliminary notification of the second party about the end of the lease should be made can change. In the case of the considered type of action in relation to land (agricultural lease), the second party to the agreement must be notified at least one year before the termination of the agreement.
The right to lease a land plot provides for the possibility of concluding an agreement on both long-term and short-term conditions.
Normative regulation
The main provisions regarding the right of ownership and the right to lease a land plot are regulated by the norms presented in regulatory acts. To date, the legal regulation of the issue under consideration is carried out on the basis of the provisions contained in the Land Code of the Russian Federation. In a generalized form, these issues are considered by civil law, represented by the main codified act - the Civil Code.
Some issues regarding the specifics of the rights to conclude a land lease in certain regions of the country may be regulated by separate acts of a normative nature, acting exclusively in certain Russian cities or regions. It should be borne in mind that the provisions presented in them should in no case be contrary to those standards that are available in the Land and Civil Codes of the Russian Federation.
Legal features of a land lease agreement
At its core, leasing a plot is a special type of right to use it freely. It is provided on the basis of a special agreement, which is concluded between the parties and is fully consistent with the form indicated by the applicable regulatory acts.
If we consider the main legal features that are characteristic of a land lease agreement, then, first of all, it should be noted that it refers to the type of consensual and onerous. Moreover, this agreement is bilateral, that is, mutually binding.In other words, on the basis of an agreement concluded between the parties, mutual obligations and rights arise before each other. Another important feature of this type of agreement is its repayment, that is, after the expiration of the period of use of the site, it should be returned to its rightful owner as soon as possible.
The parties to the agreement in question are referred to as the lessee and lessor. The legislator defines a list of persons who have the right to act as entities under this agreement. These can include both legal entities and individuals (including those who do not have citizenship of a particular state, as well as foreigners). The legislator also determines that the subjects of the agreement may be individual municipal formations and authorities in the state.
With regard to the right to conclude a lease of land, it belongs to the owner of the property. However, on the basis of the above regulations, this owner has the full right to appoint a certain person authorized to lease the property.
As for the subject matter of the agreement, a certain land plot, which is presented in a clear description, with the designation of specific boundaries, can act as such.
If we talk about the period for which the considered type of agreement can be concluded, the legislator does not limit it, but determines that if it is concluded for a period of three years, an agreement must be drawn up in writing. The same applies to those contracts in which one of the parties is an organization or institution, i.e. a legal entity. In the event that the agreement was concluded for a period of up to one year, it does not need to be registered in the prescribed manner, and for those that are designed for a longer period of validity, this rule does not apply.
Content of the contract
The transfer of rights under a land lease agreement can be made exclusively in the crayfish of pre-agreed conditions, the contents of which should be presented in the text of the agreement.
So, in the text of the contract must be present its full name, date and place of conclusion, as well as the parties indicated, with a full designation of their name and place of registration (or permanent residence - for individuals).
Further, in the text of the agreement, the main characteristics of the land plot must certainly be indicated, which include its location, size, name (if any), cadastral data and other distinctive features.
After identifying the parties and the immediate object in the test agreement, obligations and rights must be determined. Leasing land plots provides the parties to the agreement with a certain set of mutual responsibilities, which, first of all, include providing the land in proper condition, intended for the appropriate type of use (for the lessor) and timely payment for its use in the agreed amount (for the lessee). With regard to rights, their list is much more extensive. In relation to the lessee, such may be the transfer of the right to lease a land plot at certain times, for which a separate agreement is drawn up with a third party. In the event that the lessor makes a decision on the sale of the leased land plot within a certain time period, the tenant has a preemptive right to acquire it.
In the content of the contract, the essential conditions are its price (the amount set as a regular payment for the use of land), as well as the period for which the agreement was concluded.If desired, the parties are entitled to a reservation of other circumstances, which must be prescribed in the text of the contract.
At the very end of the agreement, the terms of its termination should be presented, as well as measures of responsibility for non-compliance with the terms of the parties and the procedure for resolving disputes. The agreement reached must necessarily be sealed by the signatures of all parties, and also, if necessary, certified by a notary.
Refusal of the contract and its renewal
According to the general rules established by law, any of the parties to the agreement has the full right to refuse a previously concluded agreement. The only thing that needs to be taken into account in this situation - the period during which a preliminary notice must be announced about the upcoming termination of the agreement - the legislator sets aside three calendar months for this. If necessary, this period may be indicated in advance by the parties in the text of the agreement.
If desired, the right to lease a land plot can be extended by the parties, which is done by mutual agreement. It should be noted that the current tenant has a preemptive right over other applicants to conclude a new agreement with the lessor. Also, those who have their own buildings on the territory of the site acting as an object under the agreement have a pre-emptive right to rent.
Termination of the contract
The legislator also provides a certain list of grounds on which a previously concluded agreement may be terminated. Among them, first of all, is the agreement of the parties. Also, this action can be performed by appropriate court decision, in case of misuse of the site, as well as on the initiative of the lessor or tenant. At the same time, the legislator defines a special case when the termination of a previously concluded contract is not allowed - this is the time of active agricultural work. It should be noted that at the local level, such situations can be determined individually.
After the contract is terminated, the registration record affixed in the Unified State Register must be redeemed, if any. Its repayment is indicated by the affixed stamp of the established form.
Assignment and Assignment
Based on the provisions contained in Article 624 of the Civil Code of the Russian Federation, the lease of land gives the tenant only the right to use the land for its intended purpose. As for the assignment, this concept implies a virtual transfer of the right to use this site, which is done on the basis of the assignment agreement. However, it should be noted that in this situation, the material characteristics of the transmitted object are not transferred.
Modern practice shows that in fact, many Russians who are faced with land leases confuse the concept of concession (and assignment) with sublease. In fact, these concepts have some distinctive features. So, during the assignment, the person who accepted this right automatically becomes the subject of the disposal of the site, which occurs on the basis of a lease agreement that was previously concluded with the land owner. As for the sublease, this does not happen upon its conclusion.
Features of assignment and assignment agreements
The main distinguishing feature of the assignment and assignment agreements is that the payment provided for under the agreement is made one-time, in the full amount calculated for the entire period of land use. In the content of the contract, this payment is called compensation.
Practitioners in the field of jurisprudence note that the agreement on the assignment of the right to lease a land plot is an agreement that allows delimiting the more precise legal positions of successors, which may include both assignees and tenants. The legal system has a separate concept of the assignment algorithm for the right to lease a land plot. It should be noted that this algorithm almost completely coincides with that provided for the lease, but its difference lies in the fact that in the person of the initial initiator it provides for the lessor, not the lessee. In the process of transferring rights on the grounds under consideration, the first transaction will be called a concession, and all subsequent ones - assignments, but the essence of each of them will be the same. As practice shows, such an agreement concluded between legal entities is most often referred to as assignment, and between individuals - assignment.
Another main feature of the assignment agreement for the right to lease a land plot is that its subject is not the land allotment, but a package of documents that determines the status of its owner.
The procedure for concluding an assignment agreement (or assignment)
The legislation provides for a specific procedure for concluding an agreement on the assignment of the right to lease a land plot. It provides for the mandatory presence of the parties in the process of its conclusion, as well as the presence of a certain package of documents. It must certainly contain documents proving the identities of the parties (for legal entities - constituent documents and certificates of registration). The landlord must have with him the cadastral passport of the land. Also, to conclude an agreement on assignment or assignment, it will be necessary to provide an agreement on the right to lease a land plot, previously certified by a notary and entered in the corresponding register.
As for the content of the agreement in question, it should consist of the same elements as the land lease agreement. However, the text of the agreement indicates that it is an assignment concluded on the basis of a specific lease agreement previously signed by the parties, one of which must be the legal owner of the site. If desired, the parties can use the model agreement, using the sample of the transfer of the right to lease the land. If there are special conditions, any of the parties has the right to amend the existing model - before signing all of them must be agreed with all other participants in the transaction.
It should be noted that in the sample agreement on the assignment of the lease to the land plot there are absolutely all the elements necessary for its preparation. These include information regarding the plot itself, data regarding the availability of a permit to buy land, the lease period, the basic conditions for the extension of the agreement and its termination, as well as the conditions on the basis of which the targeted use of the allotment can be carried out.
Auction for the right to lease a land plot
Modern practice demonstrates that at present tenders (auctions) are often held, the object of which is the right to lease land in a particular region. Practice shows that this activity is especially developed in large cities of Russia, where there are a large number of people wishing to purchase land for temporary use.
Both individuals and entire organizations formed in the form of legal entities can take part in such auctions. Practice shows that participation in events of this kind sometimes allows you to make a deal on more favorable terms than on ordinary grounds, because their organization, as a rule, is carried out by the authorities.