Article 45 of the Land Code of the Russian Federation. Grounds for termination of the right of permanent (indefinite) use of a land plot, the right of lifelong inheritable ownership of a land plot (current version)

Current legislation provides for the following types of rights to a land plot:

1) right of ownership (Article 260 of the Civil Code of the Russian Federation, Article 15 of the Land Code of the Russian Federation); 2) the right to lifelong inheritable ownership of a land plot (Article 265 of the Civil Code of the Russian Federation); 3) the right to permanent (indefinite) use of a land plot (Article 39.9 of the Land Code of the Russian Federation, Article 268 of the Civil Code of the Russian Federation); 4) free use of a land plot (Article 24 of the Land Code of the Russian Federation); 5) the right to limited use of other people’s land plots (easement) (Article 274 of the Civil Code of the Russian Federation, Article 23 of the Land Code of the Russian Federation); 6) lease of land plots (Article 22 of the Land Code of the Russian Federation).

The basis for the emergence of the right of lifelong inheritable ownership of a land plot

The right of lifelong inheritable possession is one of the limited real rights (Article 216 of the Civil Code of the Russian Federation).

Despite the name of Article 265 of the Civil Code of the Russian Federation, it does not contain grounds for acquiring the right to lifelong inheritable ownership of a land plot; it only refers to land legislation. However, the Land Code of the Russian Federation does not contain such type of property rights as the right of lifelong inheritable ownership of a land plot. Currently, there is only one basis for the emergence of the right to lifelong inheritable ownership of a land plot, it is inheritance by law or by will.

The subjects of the right of lifelong inheritable ownership can only be citizens (individuals), and the object can only be a land plot owned by a public entity. By virtue of clause 3 of Art. 5 of the Land Code of the Russian Federation, persons who own and use land plots on the right of lifelong inheritable ownership are classified as a special category of participants in land relations - landowners.

Permitted methods of disposal of the site

The land user has a narrow range of powers to dispose of the site. It is impossible to conclude a formal agreement on exchange, rental or sale. But in practice this happens. The copyright holder verbally agrees with the person on the period and amount of monthly payment.

The ability to own a plot is inherited (Article 267 of the Civil Code of the Russian Federation). Succession is assumed by law, by will. In two cases, it is necessary to provide a certificate of inheritance as confirmation. The document is issued by a notary.

The next owner of the site will be a potential successor. If the property represents a large part of the inheritance, then it is more logical to establish compensation. The problem is the lack of legal regulation of the issue. Therefore, no compensation payments are provided. The issue is resolved on an individual basis.

It is impossible to sell the plot separately. Cannot be sold or given away. Prohibitions do not apply to real estate located on land. For example, a private house can be easily sold. The transaction does not contradict the law and is absolutely legal. The fact of transfer of rights to an erected house or building is the reason for the transfer of ownership of the plot.

Easement

It is an agreement for the temporary use of land in previously agreed upon situations. Within the framework of the law, an easement allows the owner of a neighboring territory, in some cases, to enter a nearby plot. The right should minimally burden the land owner.

There are two types of easements:

• public;
• private.

The first is established by regulations of local governments (Article 64 of the Civil Code of the Russian Federation) or at the federal level. The public type of property law is introduced based on the results of public hearings and pursues the interests not of specific people, but of the state.

A private easement arises by agreement concluded between the owners of adjacent plots or in court. For example, a neighbor needs to take water from a well; to do this, he needs to cross someone else’s territory. A private easement pursues exclusively personal interests and does not affect government agencies in any way.

Rent

It represents the transfer of a plot of land into someone else’s temporary possession with the condition of providing a monthly payment. It is considered the most common form of land use.

The subjects of the agreement are individuals or legal entities. Here the legislation does not provide restrictions. Even foreign citizens or stateless persons can be parties to the lease agreement.

The main task specified in the text of the agreement is often the construction of a structure on the leased territory (Article 22 of the Land Code of the Russian Federation). After signing the transaction, the party undertakes to use the site only for its intended purpose.

Free use

The main difference is the absence of monetary compensation, that is, the party to whom the right of ownership is transferred does not have to provide material benefits in return. The following are issued for free use:

• state and municipal property;
• service plots;
• personal property of individuals and organizations.

The transfer period is negotiated by the parties independently. The law establishes a maximum period for the agreement to be valid.

An important condition of the transaction is the condition of the site. The party to whom the right of ownership is transferred is obliged to return the object in its original form in which the owner transferred it.

The right of lifelong inheritable ownership is retained by citizens who acquired it before the introduction of the RF Land Code

The right of lifelong inheritable ownership acquired by a citizen before the day of entry into force of the Land Code of the Russian Federation is preserved (Article 3 of Law No. 137-FZ “On the entry into force of the Land Code of the Russian Federation”). Consequently, the corresponding rights (Article 41 of the Land Code of the Russian Federation) and obligations (Article 42 of the Land Code of the Russian Federation) of the owners of such land plots are preserved.

The right of lifelong inheritable ownership was introduced at a time when private ownership of land did not exist. With the introduction of the Land Code of the Russian Federation and the right of private ownership of land, the right of lifelong inheritable ownership has lost its relevance and significance. Thus, after the entry into force of the Land Code of the Russian Federation (October 30, 2001), the right of lifelong inheritable ownership of land plots ceased to be granted, and currently it is retained by persons who received plots on this right before the entry into force of the Land Code of the Russian Federation, that is, until 1 March 2015. Before this date, there was an article in the Land Code of the Russian Federation devoted to the right of lifelong inheritable ownership (Article 21 of the Land Code of the Russian Federation), from 01.03.2005. she has lost her strength.

Differences from ownership

The content of the Civil and Land Codes regulates the rights of landowners and land users.
The owner can own, use and dispose of his property, which means the possibility of concluding purchase and sale transactions, drawing up a gift agreement (Article 209 of the Civil Code of the Russian Federation). The owner of land in lifelong use is considered to be the state or municipal entity. Accordingly, citizens do not have the right to dispose of it at their own discretion. The only thing available to them is the transfer of land by inheritance (Article 267 of the Civil Code of the Russian Federation).

Powers of ownership and use of a land plot on the right of lifelong inheritable possession

The content of the right of lifelong inheritable ownership consists of the powers of ownership and use of a land plot.

In contrast to the right of ownership, the exercise of the right to dispose of a land plot is excluded. In other words, a plot owned by the right of lifelong inheritable ownership cannot be sold or donated . At the same time, the right of lifelong inheritable ownership can be transferred by inheritance.

Unless otherwise follows from the conditions for use of a land plot established by law, the owner of the land plot has the right to erect buildings, structures and other real estate on it, acquiring ownership of it (Clause 2 of Article 266 of the Civil Code of the Russian Federation).

Land transferred under such right

The only way to get this type of plot is through inheritance. Any other type of transactions with lands in lifelong ownership is prohibited.
There are no restrictions on the type of plots for transferring them to heirs. This type of law was transferred to the Russian Federation from the USSR. Previously, it was given to citizens for collective gardening and horticulture. With the formation of a new state - Russia - in the 90s, lifelong use of land began to become obsolete and was gradually abolished (in 2001).

Thus, similar plots remaining in use by citizens have the following main types of intended use:

• personal subsidiary plot;
• gardening;
• horticulture.

There are no restrictions on the transfer of such land by inheritance depending on its type.

Termination of the right to lifelong inheritable ownership of a land plot

The grounds for termination of the right to lifelong inheritable ownership of a land plot are defined in Art. 45 of the Land Code of the Russian Federation.

Termination of the right of lifelong inheritable ownership in accordance with Art. 45 of the Land Code of the Russian Federation occurs in the case of:

• refusal by the landowner of his right to a land plot (the right to lifelong inheritable ownership of a land plot can be waived in accordance with clause 3 of Article 53 of the Land Code of the Russian Federation);
• forced termination of the right when using a land plot in violation of the requirements of the legislation of the Russian Federation;
• seizure of land for state or municipal needs.

Rights and opportunities after a court decision

The court decision is made on the basis of paragraph 2 of Article 54 of the Land Code of the Russian Federation. To implement it, the administrative body is required to comply with the stages of termination of the right of use :

• administrative penalty and punishment in the form of a fine, a resolution imposing an obligation to restore soil fertility with an indication of deadlines;
• in case of non-compliance, notice of initiation of proceedings in court.

Accordingly, a citizen who is interested in preserving the right of use, within the period of time given to him, will be able to eliminate the violations he has committed . If he does not do this, then deprivation of his right to use will be not only legal, but also expedient.

Moreover, after the court recognizes the termination of the right of use, he will be obliged to compensate for the damage caused to the land , according to a court order. An extract from the court ruling will be sent to Rosreestr to remove the seized plot from registration and register it as a municipal property.

If the order of the pre-trial procedure was violated by the administrative commission, or the termination case was initiated on the basis of an insignificant precedent , the citizen can also defend his right in court.

Its right of use is ensured by the provisions of the Land Code, in particular:

• Article 60 restores the violated right of use after a court decision recognizes the illegal seizure of a land plot;
• Article 61 abolishes unlawful penalties imposed by administrative decisions.

Based on the data provided by law, the rights of protection of citizens, the land user can be insured against excesses on the part of administrative commissions . It is most convenient to submit documents for claim proceedings within ten days after the decision is made by the court.

Inheritance of the right to lifelong inheritable ownership of a land plot

In accordance with Art. 1181 of the Civil Code of the Russian Federation, a land plot owned by the testator or the right of lifelong inheritable ownership of a land plot is included in the inheritance and is inherited on the general basis established by the Civil Code of the Russian Federation. No special permission is required to accept an inheritance that includes the specified property.

When inheriting a land plot or the right to lifelong inheritable ownership of a land plot, the surface (soil) layer, water bodies, and plants located on it within the boundaries of this land plot are also inherited, unless otherwise established by law.

In paragraph 74 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in cases of inheritance” it is stated that the inheritance includes and is inherited on a general basis the land plot owned by the testator or the right of lifelong inheritable ownership of the land plot (if the right a land plot belongs to several persons - a share in the right of common ownership of a land plot or a share in the right of lifelong inheritable ownership of a land plot).

The transfer of the right to lifelong inheritable ownership of a land plot is subject to state registration (based on a certificate of inheritance).

STEP-BY-STEP INSTRUCTION

How to terminate the right of permanent (perpetual) use without court (voluntary)

1. Come to the Committee and submit a waiver application.
2. You will need to attach the following documents to your application:
   papers evidencing your right to the plot (original);
3. owner's identification document;
4. a paper that has the consent of the body that registered the legal entity. face;
5. cadastral passport.
6. Wait a month for the authorities' decision after submitting your application.
7. Receive a copy of the decision within 3 days after adoption.

How to use a land plot through court (forcibly)

1. After finding violations of the use of the land, you must pay a fine and eliminate them.
2. Along with this, you receive a warning that contains:
   list of violations;
3. the period of time given to resolve the problem;
4. mentioning that failure to comply will result in deprivation of land rights;
5. your rights, which you can claim if legal proceedings begin.
6. If you do not correct the violations, the case of termination of rights goes to court.
7. After the expiration of 10 days from the sentencing, the state. the structure sends an act and paper about the state. registration with the organization where real estate transactions are carried out.
8. Since, according to the law, deprivation of rights does not relieve you of responsibility, you will have to answer for your actions and compensate for the damage.
9. You can appeal the judge's decision.

IMPORTANT! During legal proceedings, the provision of documents is not required, since the statement of violations is submitted by third parties.

How to register ownership

Citizens can register a plot provided for lifelong use as their property.
The procedure will allow you to dispose of the land at your own discretion. To register you will need:

• act (order) on the transfer of the site for use;
• cadastral passport;
• identification;
• an extract from the household register, if the plot was provided for private household plots.

To register property you need:

1. Prepare documents.
2. Contact the territorial office of Rosreestr.
3. Pay the state fee of 350 rubles. (Article 333.33 of the Tax Code of the Russian Federation).
4. After 30 days, receive a certificate of ownership.

If an inventory has not been carried out for the site, then you will need to first do a land survey. To obtain information about the procedure, you must contact the cadastral chamber.

The heir must first enter into the inheritance. To register the right to transfer ownership, he will need to provide a document confirming this. If there are several heirs, then it is possible to register the land in the name of one owner and pay the others a monetary reward in accordance with the cadastral value of their part.

The plot can be re-registered in the following situations:

• by decision of municipal authorities;
• when registering an erected capital structure.

The user can become the owner of municipal or state land if it was provided before the introduction of the Land Code for the following purposes:

• maintaining a personal subsidiary plot;
• gardening or gardening;
• construction of a garage;
• individual residential construction.

A decision by local authorities on re-registration of land is not required. After registering the property, the citizen loses the right to lifelong ownership of the land plot.

Land plots that cannot be transferred for private use on the basis of current legislation are not subject to registration. These include lands that have been seized or limited in circulation. This applies to sites located in environmentally protected sites and territories.