A land plot as an object of ownership in real life appears quite often. What you need to remember about this topic? How to make land ownership? What operations are allowed to perform with the site? To answer all this and not only we will try further. Understanding the topic is necessary in order to accurately understand what the property owner will own when acquiring land.
Type of property
A land plot as an object of ownership in Russia belongs to the category of real estate. It is as "immovables" that citizens call the land.
Accordingly, the general rules for the registration of real estate and property accounting apply to land. Only with the studied category of property do problems sometimes arise. In particular, due to the fact that not everyone understands what relates to land as property.
Definition
To answer this question, it is enough to refer to the current codes of the Russian Federation. In particular, to the Civil Code of the Russian Federation. The article "Land as an object of ownership" takes place here.
It spelled out a clear definition of the studied category of real estate. Under current law, a land plot includes surface layers, water bodies and plants located within a given territory.
According to the RF RF
But there is one more definition. It fully discloses the land as an object of ownership.
It is a terminology for the Land Code. Here, land plots are characterized as part of the earth's surface, the boundaries of which are determined in accordance with the Federal Law. They are formed as a result of the division, association of existing plots, as well as the distribution of municipal, state and private land.
Property Types
It is not difficult to guess that the land is different. Ownership rights are also diverse.
You may encounter:
- private lands;
- state property;
- municipal plots.
The last two types of property are recognized as common land. They are not closed to the public. All citizens are allowed to be at state and municipal plots, and the use of natural objects is also allowed.
Private land is usually fenced. They are closed to all comers. If a citizen did not fence the land properly, it is considered that he did not make it clear that it is forbidden to enter the territory. It is possible to pass through such lands without harming the property or disturbing the landlord.
Properties
A land plot as an object of land relations (including property relations) has all the properties of real estate. In addition, it is negotiable.
What does it mean? Objects of this type can freely transfer from the owner to the owner, as well as alienate, unless otherwise provided by law.
Land as an object of property rights in Russia is considered a unique property. That is why it is necessary to know everything about the regulation of land relations.
Rating
Entering information about the land in the cadastre and assessment of land ownership are two operations that each owner will face. As we said, land is considered real estate. In Russia, the entire “immovable” is recorded in the Federal State Register (State Cadastre). In addition, she is assigned numbers by which you can quickly find the characteristics of the object.
Land valuation allows you to identify the real state price of the property. This indicator is extremely important when selling a site.
Special services evaluate every 5 years. Because of this, it is recommended to regularly update cadastral passports and extracts from the Unified State Register.
GC Owner Rights
What does the law on land plots as objects of property rights say? Under the Civil Code (Article 261), the owner of this property can use everything that is located within its area and under it, including.
But there are some limitations. The use of what is located on and below the ground is permitted, unless otherwise provided by the laws "On Land Subsurface" and on the use of airspace. Also, the rights of the owner of the site end where the rights of citizens are violated.
It follows that the owner has the right:
- use groundwater, minerals, ponds, quarries for own needs;
- to erect any buildings in accordance with the established legislation;
- carry out reclamation work;
- exercise other stipulated property rights.
Any course "Land as an object of ownership" contains the information listed above about the rights of the owner of the plot. Next, we will consider other land operations in more detail.
About other rights
What is this about? Land as a special property is considered in Russia because each plot is unique. And on it you can build a variety of objects.
Nevertheless, do not forget that according to the Civil Code of the Russian Federation, land is real estate. So, the owner has the right to carry out the following operations:
- sale;
- rental;
- use for personal residence / gardening / gardening;
- allocation of shares;
- alienation;
- use as collateral;
- inheritance rights;
- re-registration of property by donation.
In this area, as a rule, there are no questions. Considering a land plot as an object of property right, as real estate, a citizen should remember that he has the right to do what he wants with his property, if this does not contradict the laws adopted.
Duties
To own this or that real estate is not only rights and benefits, but also a certain responsibility. Studying a land plot as an object of property right, it is important to understand what each owner should do.
He must:
- use the land for its intended purpose;
- ensure the safety of the use of the site for the environment;
- keep all special signs that were established by law;
- protect land, resources, forests and so on;
- to develop sites on time, if this is provided for by law;
- pay taxes on time;
- comply with the rules of fire safety, sanitation and so on when using the property;
- not worsen the fertile properties of land;
- Do not litter the site;
- comply with all requirements stipulated by applicable laws of the country.
That is, the owner is obliged to preserve and protect the land without violating the laws of the Russian Federation. To do this is not as difficult as it might seem at first glance.
Acquisition of rights
How can I get ownership of land? Some are interested in this particular question. After all, before realizing the rights and obligations, it is worth filling out one or another site.
We already know the definition of land ownership. You can purchase it in the following ways:
- redeem / buy;
- receive as a subsidy from the state;
- privatize;
- enter into an inheritance;
- receive as a gift;
- exchange;
- to win.
These are the most common scenarios. Increasingly, in real life, plots are issued directly by the state, and then they are inherited. In any case, after the acquisition of property rights, the new land owner must undergo the state registration procedure.
About registration
It is about introducing new data into the Rosreestr. As we have said, this process is required for all real estate.
It is recommended that you contact the MFC or Rosreestr for registration within 10 days after acquiring property rights. In this case, a citizen will need to have with him:
- title documents;
- paper to the ground;
- extract from the Unified State Register (preferably);
- passport or other identification document.
Organizations additionally submit a power of attorney to the representative and their constituent papers. For 5-10 days in Rosreestr formalize property rights.
Proof of Rights
A land plot as an object of land relations is a limited topsoil, the rights to which are regulated by the Civil Code and the Land Code of the Russian Federation. After their registration in Rosreestr, a citizen will be issued a document indicating ownership.
Until 2016 in Russia issued:
- cadastral passport;
- certificate of ownership of the property.
However, new legislative changes have led to the fact that now these papers are abolished. They were replaced by an extract from the Unified State Register. It is issued after registration in the Register, serves as a substitute for a certificate of ownership. You can update the certificate at any time, but for a fee.
Right of use
Now it’s clear what land represents the objects. In practice, private property rights in Russia are often attempted to be violated. And therefore, it is important to know about the acquisition of land use rights.
As we have already said, state and municipal lands without any fences can be freely used by citizens, but within the framework of existing laws.
With private ownership, it will be necessary to face a restriction on land use. If the site is fenced, then you can use it only with the permission of the owner. Passing through open private land is allowed, as we have already said.
Use rights are acquired:
- when registering the land as a property;
- under employment / lease agreements;
- with the permission of the owner of the property.
That is, third parties cannot actually dispose of or use foreign land. Otherwise, property rights will be declared illegal.
The objects
What are the objects of land ownership? Land - this is it. More precisely, as has already been said, a part of the land that has certain borders.
In addition, the object of ownership is a share in real estate. This alignment is quite common. Land, like other property, may have several owners. In such circumstances, the owners will have the same rights and obligations. It is difficult to make transactions with property in shared or common ownership.
Summary
We found out what constitutes a land plot as an object of ownership. From now on, it is known what rights and obligations the owners of the mentioned property have, how to register and receive it.
In fact, land is, as has already been emphasized, a unique property. For example, you can build a house on it. In this case, the owner will additionally have to draw up ownership of the residential building.