What is land use? Definition of the concept

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What is land use? Description and definition of the concept.

Land use is a set of laws and regulations that are aimed at the lawful use of land, as a means of production or recreational, natural and other resource. Concept Land use is a form of legal use not primarily associated with agricultural production. The land user, in comparison with the owner and occupier of the land plot, has a narrower range of rights. Land use includes conditions and rules, laws that are established by Federal legislation.

What is land use? Land use - disposal of land property by various methods; exploitation of land by someone else's or personal labor.

The way land is used is of great importance not only in relation to the development of the country's agricultural economy, but also in a social sense. The amount of products produced by each economic unit, on the one hand, tends to increase as long as the farmer’s interest in the results of his labor grows; on the other hand, the distribution of income from agriculture among different classes of society depends on the dominant type of land use in the country.

Let's take a closer look at what land use means.

What are land relations

Land legal relations mean public relations between government agencies, legal entities and individuals in the field of use, distribution or protection of land. This concept is defined by Art. 3.

Ownership and disposal of plots, as well as land use and transactions with plots of land are regulated, unless otherwise provided:

• legislation on environmental protection and subsoil resources;
• rules governing the use of land, forest and water resources;
• special federal laws.

Elements of land legal relations are:

• an object,
• subjects,
• content (subjective rights and obligations).

The subjects of these relations can be:

• owners of plots of land;
• land users exploiting plots on the basis of an indefinite (permanent), gratuitous, urgent right of use;
• landowners using plots on the basis of the right of lifelong inheritable ownership;
• tenants who have received certain rights under a lease (sublease);
• easement holders.

Possession of a land plot represents the right to actual possession of it in accordance with the law. In accordance with Art. 266 of the Civil Code of the Russian Federation, subjects vested with such a right can erect structures on a site and acquire ownership rights to it.

As for land use, the rights of the subject are more limited than those of the landowner. He can conduct economic activities on the plots provided to him only within the specified intended purpose of the land.

More details about the rights and obligations of landowners and land users can be found in the article “Land legal relations”.

pastures

Pastures deserve special attention. They are areas of grassy land that are regularly used for grazing by herbivores. Before the spread of agricultural mechanization, pastures provided the main source of food for horses and cattle. Pastures are still used today for grazing animals, especially in regions where the dry climate makes the land unsuitable for other types of agricultural production.

Based on the type of relief, pastures are divided into: dry, swampy, waterlogged and others. And according to the degree of processing - cultural and natural. Cultivated pastures are created by sowing arable land with grasses that have high nutritional value.

What is land disposal

When entering into any land legal relations, citizens must know what rights and responsibilities they will be endowed with, and for what acts they may be held accountable.

There is a significant difference between the powers of the owner and the user. The emergence of subjective rights and obligations is influenced by the category of land and many other factors.

In accordance with the norms of land legislation, disposal of a land plot is the right that allows the owner to use the plot, extract useful properties from it, and manage it as a property object.

When disposing of land, the owner can enter into transactions:

• sell;
• present;
• change;
• pass on to inheritance;
• use as collateral;
• rent out.

The land owner of a land plot is a person authorized to enter into any property transactions and dispose of the territory of the plot at his own discretion. This is how land ownership differs from land use. The latter institution is no less important, so we will consider it in detail in the next section.

The law gives the right to freely dispose of land only to owners - subjects of property rights. Illegal possession of a land plot is an offense for which the law provides for prosecution.

Land classification

Land use is a form of management and disposal of land plots with the aim of extracting profit or useful properties from them. Land use can be implemented by:

1. Rational organization of territories;
2. Free management;
3. Protection of land funds from destructive and polluting factors;
4. Use of minerals found in a particular area;

Land use rules are strictly stipulated in the relevant legislative acts.

The category of land is the part of the unified state land fund that is allocated for the main purpose. The category of land always has a certain legal regime. According to the functional purpose of land there are:

1. Agricultural purposes.
2. Territory of populated areas.
3. Transport, industrial and other similar purposes.
4. Historical, cultural, environmental and recreational fund.
5. Forest Fund.
6. Water Fund.
7. Reserve lands.

Land use: concept and features

Allotment rights are acquired for the purpose of using land to satisfy certain needs and requirements: conducting agricultural activities, creating and operating real estate.

The subject may carry out other rational use of land plots, if it does not contradict legislative norms and the purpose of the land. As a result of such legal relations, land use rights arise. It is a system of legal norms that regulate the relationships that arise when obtaining the useful properties of land.

Land use subjects are individuals and legal entities. Their use of land plots is carried out on the basis of ownership or use rights.

In these cases, the essence of land use is to extract useful properties from the plot.

It was already mentioned above that land use rights differ from land ownership. In some cases it may be limited. This is due to the purpose of the allotment.

The legislation also provides for some time restrictions.

In land law there is such a concept as the principle of sustainable land use. Its essence is as follows:

• the plot is transferred to the subject for a long period of time;
• conditions are created for the development of its activities;
• protection of his interests is guaranteed;
• The law limits the period for exercising the right to use land.

Concepts of sustainable land use and tenure

The principle of sustainable land use can be implemented in different forms. According to the Land Code of the Russian Federation, there are the following types of land use:

• unlimited or permanent (Article 39.9 of the Land Code of the Russian Federation);
• for a certain period stipulated by the lease agreement (Article 22 of the Land Code of the Russian Federation).

Long periods of land use increase the interest of subjects in the rational use of plots and compliance with requirements for the protection of an important natural resource.

Perpetual rights force users to think about the need to improve the condition of the land, because their performance indicators depend on this, the growth of which leads to increased income.

The principle of sustainability is no less important when exercising property rights. Experts in the field of land law note that it is a prerequisite for the rational use of land. Only a subject who is confident in the stability of his right to land will care about increasing fertility and preserving the land.

The right to land is protected. Its norms guarantee citizens the right to receive land plots. Refusal to provide them can be appealed in court.

The law guarantees freedom of economic activity and defines a list of rights and obligations related to the exploitation of land. The powers of subjects of land ownership and land use are reliably protected by the state.

Difference between land use and land tenure

Those planning to purchase or rent a plot of land should understand the difference between ownership and use.

Ownership implies that the owner has the following powers:

• possession (actual possession), confirmed by an appropriate certificate;
• use;
• order.

Their presence allows the alienation of property. It was mentioned above that the owner can sell the plot, rent it out, use it as collateral, and so on.

Land users can realize their needs only in accordance with relevant legislation and the terms of the agreement on the basis of which they use the plot.

We must also not forget about such a concept as regional characteristics of land use, because the characteristics of some areas allow the use of land only for certain purposes. Users do not have the right to dispose of the site at their own discretion.

So, the main difference between land ownership and land use is that the latter is a component of the former.

Summary

The method of using land funds is of great importance both in the development of the agricultural economy of the state and in social terms. The total amount of products produced by individual economic units increases when the landowner is interested in the results of his labor or the labor of his wards. At the same time, the dominant type of land use of the state determines the distribution of citizens' income from land ownership in various social classes.

Legislative regulation of land use

State regulation of land use is aimed at organizing the protection of land and monitoring its rational exploitation. It is carried out by establishing rules for the use of land plots in accordance with their purpose.

There are 2 types of regulation of land legal relations:

1. The state acts as the sovereign. It has territorial supremacy over all lands. In this case, methods of subordination and power are used, for the implementation of which laws and regulations are used.
2. Economic regulation. State bodies, as subjects of land legal relations, keep records of land, carry out their assessment and protection, and provide legal entities and individuals with plots for use.

The requirements for the organization of state regulation of land relations are determined by the need to exercise control over the rational use of land.

State regulation of land relations can be divided into 2 categories:

• general. Carried out by government agencies of general and special competence, whose powers extend to all types of land and subjects of legal relations;
• industry. Entrusted to federal services, ministries, departments and organizations.

State regulation of land legal relations is carried out on the basis of the Constitution of the Russian Federation, the Land Code and other relevant legislative acts.

What is considered an object and subject of land use

In accordance with the legislation of the Russian Federation, the use of land may or may not be related to the ownership of it.

Objects and subjects of land use are elements of legal relations related to the exploitation of land. The object of land use can be plots allocated as a result of land allocation in kind.

If land use is not related to property rights, then its object is plots transferred for temporary use on the basis of lease, sublease or easement agreements.

As for land use subjects, citizens or enterprises/organizations that can act in this capacity are:

• landowners whose rights are confirmed by an appropriate certificate;
• land users who have the right to gratuitous fixed-term or indefinite (permanent) use;
• individuals or legal entities using plots on the basis of the right of lifelong inheritable ownership;
• users who received a plot on the basis of lease or sublease agreements;
• persons who received the easement.

All of them have the rights and responsibilities provided for by the relevant legislation of the Russian Federation.

Legal basis

The basis of any legal relationship is laws and regulations. The legal framework for land use in the Russian Federation consists of the following legislative acts:

• Constitution of the Russian Federation;
• Land Code of the Russian Federation;
• federal laws;
• legislative acts of the constituent entities of the Russian Federation;
• decrees of the President of Russia;
• resolutions of the Government of the Russian Federation;
• departmental by-laws;
• regulatory acts of the constituent entities of the Russian Federation and self-government bodies.

Legal acts clarify certain concepts, define the rights and obligations of participants in relations and determine penalties for violators of established norms.

According to the Land Code of the Russian Federation, a land user has clearly defined obligations that he must comply with during the exploitation of a natural resource.

We propose to consider in more detail the forms and types of land use, as well as the rules established by law.

Main forms of land use

The concept of “form of land use” was present in Russian land law of the pre-revolutionary period. For example, in Siberia, a borrowing form of land use was used. It consisted in the fact that the settlers had unlimited rights and could seize any property for use. At that time, the concept of mandatory equal allocation of land did not exist.

By the end of the 19th century, the borrowed form could only be found in sparsely populated areas of the Far East and Eastern Siberia.

Modern experts in the field of land law identify the following forms of land use:

1. Permanent or unlimited use. Its subjects can be state or municipal institutions, state enterprises, authorities and local governments.
2. Lifetime inheritable ownership. This form is not provided for by the modern Land Code of the Russian Federation, but it applies to plots provided to subjects before the Land Code of the Russian Federation came into force. Owners of such a plot have the right to acquire ownership of it free of charge.
3. Renting is the most common form of use of plots. When leasing municipal lands, the lessor is the local government. The second party to the contract can be citizens or enterprises/organizations.
4. Free immediate use. This form is possible if an organization transfers land for use by its employee for no more than a year. Agreements can be concluded with the participation of enterprises operating in different fields, for example, in the forestry industry, transport.
5. Easement. There is a system of public and private easements in the world. The first ones are established to ensure the interests of the population living in a specific territory, for example, using the allotment for repairing utility (engineering) networks, placing boundary signs on the site.

The correspondence form of land use is not provided for in modern legislation.

Historical land use

Landed property was the main form of capital, which gave the owner political power and a means of subsistence. Only a full and free citizen could be a land owner. Land holdings in conquered countries were distributed among the highest civil and military ranks; the agricultural population turned into serfs or slaves who cultivated the lands for the benefit of the owners.

Feudalism

What does land use mean? Feudal land holdings:

• Allod is the inalienable and indivisible property of a large family.
• Fief - lands that are granted to a vassal by a lord for hereditary possession on the terms of the vassal performing court, military, and administrative service in favor of the lord.
• Ordinate is a form of primogeniture in which the land holdings of a certain magnate-ordinate after his death passed to the eldest son as inalienable and indivisible property.
• Freehold - “freehold”, lifelong or hereditary, in medieval England.
• Almenda - in medieval Western Europe, land (forests, pastures, wastelands, meadows, fishing grounds) in common use (undivided lands) of all community members.
• Land lease: Easement is a limited right to use someone else's property (in Russian pre-revolutionary legal terminology - the right of private participation).
• Sharecropping is a type of sharecropping in which the rent was half the harvest.
• Sharecropping - rent was collected by the owner of the land based on a share of the harvest received from it.

Types of land use

Unlike land owners, land users can use plots exclusively within the powers granted to them by the owner.

The legislation of the Russian Federation distinguishes the following types of land use:

• permanent. It represents not only the right to use, but also to own a plot of land that is in state (municipal) ownership;
• rental Carried out on the basis of an agreement that provides for the transfer of land for temporary paid use for conducting business or other activities;
• concession. Is a contractual, fixed-term and paid use/ownership of a site for the purpose of creating, improving or operating the object of the agreement.

The latter type of land use involves mandatory investments to meet the needs of society. Concessions are granted exclusively by state bodies or local governments that own the land. Business entities act as concessionaires in such agreements.

Modern land uses differ significantly from those used several centuries ago. Historical documents mention a local, seigneurial system of land use. Often there was unauthorized seizure of land.

As practice shows, in most cases the land is used for economic activities. This type of land use is divided into:

• agricultural,
• pasture,
• mixed.

The latter type involves the use of arable land, the organization of plantations, and the exploitation of meadows and pastures. This type is reminiscent of the local land use previously used in Russia, when within the same estate the land was used for growing crops and breeding various breeds of livestock.

The use of agricultural land is regulated.

The exploitation of land plots is carried out in compliance with environmental protection requirements.

Natural land use should not harm this important resource. It is important that land is used rationally and according to its intended purpose.

Agricultural land

Agricultural lands are the main and largest object of land use relations, so they are worth dwelling on separately. Agricultural lands include not only agricultural land, but also the territories on which the following are located:

1. Communications.
2. On-farm roads.
3. Tree and shrub vegetation designed to protect land from negative technogenic, anthropogenic and natural phenomena.
4. Closed reservoirs.
5. All kinds of buildings and structures used for storing and processing agricultural products.

Agricultural land refers to areas of land used for the production of agricultural products. Lands are divided into: perennial plantings, arable lands, hayfields and pastures. They can also be irrigated or non-irrigated.

Rules for the use and development of plots

The rules of land use and development are discussed in Art. thirty . The PZZ can be called an urban planning zoning document.

The rules are approved by legal acts of local governments, and in cities of federal significance - by state authorities of the constituent entities of the Russian Federation.

The law provides for requirements for the preparation of land use and development rules. The main one is the mandatory holding of public hearings on the draft PZZ before their approval. This is a new institution that appeared in Russian legislation in 1998. The need for its introduction is due to the emergence of private land ownership, the development of a market economy and the implementation of economic reforms in the country.

The structure of the rules for land use and development of the PZZ includes:

• the procedure for applying and making changes to the document;
• urban zoning map;
• urban planning regulations.

PZZs are developed in order to create conditions for the development of municipalities. When preparing the document, special attention is paid to the protection of the environment and cultural heritage sites.

The application of the rules allows us to ensure respect for the rights and interests of citizens and legal entities, including those who are the legal holders of plots and capital construction projects.

Land management

Land use is a fairly dynamic process. The fact is that land resources are constantly undergoing quantitative and qualitative changes associated with the inevitable depletion of land, changes in methods of its use and the impact of various natural processes. Hence the need arises to record all changes and timely make adjustments to accounting, registration and assessment documents, which are the basis of the cadastral system and ensure effective management of land funds.

Effective management means organized land use, adapted to economic, social, and, of course, environmental conditions. Rules for land use and development of a settlement must take into account all the features of a particular plot of land. In land use practice, concepts such as rational and optimal land use also appear.

Optimal land use and development involve the use of the maximum functional potential of land, which is possible in specific natural conditions, at minimal cost, without negative consequences. Practice shows that the implementation of such an approach is unlikely, since any invasion of the environment, even if it does not leave visible traces, leads to a change in the natural situation.

Sustainable rural and urban land use is a more realistic concept. It assumes that in the production process all land users will achieve the greatest effect in achieving their goals, taking into account considerations of land conservation and optimal interaction with nature. Irrational land use is expressed in:

1. Misuse of land.
2. Use that leads to a decrease in fertility and depletion of the land.
3. Use that leads to environmental degradation.

Thus, rational land use is the use of the maximum possible functional potential of the land at minimal costs and preservation of fertility.

The concept of unified land use

The question of what single land use is is often discussed in legal forums. Since this concept is found in specialized literature, it is worth familiarizing yourself with it in more detail.

Single land use should be understood as a land plot with a specific cadastral number, consisting of 2 or more plots that have their own separate contours and cadastral numbers.

This procedure for recording land existed until March 1, 2008, when it came into force.

Transformation of single land use

Some people who own a compound plot of land would like to convert it. The procedure for the formation of new plots from common land uses is described in the letter. According to this document, in order to transform unified land use, one should:

• combine it with adjacent plots;
• redistribute it between a single land use and a regular plot;
• allocate an allotment from land use.

As a result, a regular or multi-circuit plot of land will be formed.

Selecting a site

The division of unified land use by separating a plot from it is carried out on the basis of a corresponding application to the cadastral chamber. It should indicate the reason for making such a decision. The applicant must collect a package of documents confirming ownership of the plot.

After the procedure, the site is registered as an independent territory.

Thus, the plot will be registered as a separate land plot, and the remaining territories will be registered as a multi-circuit plot.

How is redistribution formalized?

Redistribution of unified land use requires re-registration of documents. To complete this task, cadastral chamber employees will have to analyze and compare the data specified in the documentation with the actual characteristics of the site.

Land owners, in addition to the application, must present:

• certificate of ownership;
• identification;
• cadastral passport of the plot;
• boundary diagram.

After the procedure, the authority’s employees issue a new cadastral passport for the site and make appropriate changes to other documentation.

Procedure for terminating unified land use

To date, the status of single land use has been suspended by the entry into force of Federal Law No. 221.

As for its termination, it is carried out by transforming a single land use, as a result of which the owner receives separate plots or multi-circuit plots.

The last concept, introduced by Federal Law No. 221, came to replace unified land use.

Land use efficiency indicator

This indicator consists of two components. The first is the correct choice of the priority function of a particular area. And the second is the presence of a limiting factor that prevents the implementation of priority or most productive functions.

The priority function is nothing more than the intended use of land. This factor is not constant; it may fluctuate depending on changes in the environmental, economic or any other situation. An example of this would be the seizure of land and a change in its intended use in connection with road, communication or construction work, expansion of green areas, and so on. The rules of land use and development of the area suggest that in the event of a change in the type of activity of the land user, the owner of the site must be made aware of this, and if he may suffer losses, they must be compensated.

Limiting factors are soil properties that reduce its functional potential. These, in addition to climatic factors, include: relief, stripes, small contours, high level of variegation of soil cover, and the like. Moreover, it is the relief that is the most important factor determining the land use of rural settlements.

The concept of a multi-circuit section

The concept of “multi-circuit plot” appeared in land legislation after Federal Law No. 221-FZ came into force. It was introduced in order to record land consisting of several plots.

According to the law, a multi-circuit plot is an allotment consisting of 2 or more closed contours.

Such lands may consist of contours separated from each other or interspersed plots. They are also called areas with "holes" inside.

Procedure for registering land ownership and land use

Registration of land ownership and land use is the making of a special entry in documents of the standard form established by law. It displays information about the land allotment, making it possible to consolidate its legal status, qualitative, quantitative and value characteristics, geographical location and parameters.

The procedure is carried out by the authorized body - Rosreestr.

Land ownership registered in accordance with the legislation of the Russian Federation is under the protection of the state, which ensures the protection of the rights of land owners.

Registration of land ownership and land use occurs on the basis of:

• a decision taken by an authorized government agency to allocate an allotment for strictly defined needs;
• documents on carrying out work on land management and establishing boundaries on the ground.

You can find out how registration occurs and what documents need to be provided for it in the article “Unified State Register of Real Estate”.

Disadvantages of land ownership and land use

The disadvantages of land tenure and land use should be understood as inconveniences and deviations that negatively affect the rational use of land, the economy and the organization of production. These include:

• irrational size and structure;
• striped, including topographical;
• inclusions;
• broken boundaries;
• distant location.

The main ways to eliminate land use disadvantages include the following actions:

• transfer of plot boundaries;
• exchange. Two options are allowed: interested parties exchange plots or unequal plots with a monetary surcharge;
• transfer of land from one farm to another;
• carrying out the organization.

If it is impossible to implement these methods, agricultural enterprises can improve or clarify their specialization in order to use the land for its intended purpose.

Disadvantages of land use and methods for eliminating them are described by many experts in the field of land law. This allows owners of plots who have discovered certain inconveniences in their use to choose the optimal solution to the problem.

Land allocation norms

In addition to concern for the environmental situation and the preservation of fertility, land allocation standards are also taken into account. Rules for land use and development of rural settlements require compliance with quantitative and qualitative criteria for rational use. Quantitative criteria include the economical use of land and the same economical placement of real estate on it. Quality criteria include:

1. Preservation of the fertile layer in case of need for soil destruction.
2. Restriction on the use of agricultural land for non-agricultural purposes.
3. Increasing soil fertility as the responsibility of the land user.
4. Protection of soils from pollution, contamination and erosion.
5. Allocation of land for non-agricultural needs that is not suitable for agricultural activities.