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Ownership of land. Civil Code of the Russian Federation 2018 Civil Code of the Russian Federation ownership of land

Section II. OWNERSHIP AND OTHER PROPERTY RIGHTS

Chapter 17. OWNERSHIP AND OTHER PROPER RIGHTS TO LAND

Article 260. General provisions on land ownership

1. Persons who own a plot of land have the right to sell it, donate it, pledge it or lease it and dispose of it in any other way (Article 209) insofar as the relevant lands are not excluded from circulation or limited in circulation on the basis of the law.

2. On the basis of the law and in the manner established by it, lands for agricultural and other special purposes are determined, the use of which for other purposes is not permitted or limited. The use of a land plot classified as such land can be carried out within the limits determined by its intended purpose.

Article 261. Land plot as an object of ownership rights

1. Lost power.

2. Unless otherwise established by law, the right of ownership of a land plot extends to the surface (soil) layer and water bodies located within the boundaries of this plot, and the plants located on it.

3. The owner of a land plot has the right to use, at his own discretion, everything that is above and below the surface of this plot, unless otherwise provided by laws on subsoil, on the use of air space, other laws and does not violate the rights of other persons.

Article 262. Land plots for public use. Access to the land plot

1. Citizens have the right to freely, without any permits, be on land plots that are not closed to public access and are in state or municipal ownership, and to use the natural objects available on these plots within the limits permitted by law and other legal acts, as well as by the owner of the relevant land plot.

2. Unless a plot of land is fenced or the owner has otherwise made it clear that entry to the plot is not permitted without his permission, any person may pass through the plot provided that doing so does not cause damage or disturbance to the owner.

Article 263. Development of a land plot

1. The owner of a land plot can erect buildings and structures on it, carry out their reconstruction or demolition, and permit construction on his plot to other persons.

These rights are exercised subject to compliance with urban planning and construction norms and rules, as well as requirements regarding the intended purpose of the land plot (clause 2 of Article 260).

2. Unless otherwise provided by law or agreement, the owner of a land plot acquires the right of ownership to a building, structure and other real estate erected or created by him for himself on the plot owned by him.

The consequences of unauthorized construction carried out by the owner on a land plot belonging to him are determined by Article 222 of this Code.

Article 264. Rights to land of persons who are not owners of land plots

1. Land plots may be provided by their owners to other persons on the terms and in the manner provided for by civil and land legislation.

2. A person who is not the owner of a land plot exercises his rights of ownership and use of the plot on the terms and within the limits established by law or an agreement with the owner.

3. The owner of a land plot who is not the owner does not have the right to dispose of this plot, unless otherwise provided by law.

Article 265. Grounds for acquiring the right of lifelong inheritable ownership of a land plot

The right to lifelong inheritable ownership of a land plot in state or municipal ownership is acquired by citizens on the grounds and in the manner provided for by land legislation.

Article 266. Possession and use of a land plot on the right of lifelong inheritable possession

1. A citizen who has the right of lifelong inheritable ownership (the owner of a land plot) has the rights of ownership and use of a land plot, transmitted by inheritance.

2. 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 rights to it.

Article 267. Disposal of a land plot located in lifelong inheritable possession

Disposal of a land plot that is in lifelong inheritable possession is not permitted, except in the case of transfer of the right to a land plot by inheritance.

Article 268. Grounds for acquiring the right to permanent (indefinite) use of a land plot

1. The right to permanent (indefinite) use of a land plot in state or municipal ownership is granted to persons specified in the Land Code of the Russian Federation.

2. Lost power.

3. In the event of reorganization of a legal entity, the right of permanent (indefinite) use of a land plot belonging to it shall be transferred through the procedure of legal succession.

Article 269. Possession and use of land on the right of permanent (indefinite) use

1. A person to whom a land plot is granted for permanent (indefinite) use shall own and use this plot within the limits established by law, other legal acts and the act on granting the plot for use.

2. A person to whom a land plot is granted for permanent (indefinite) use has the right, unless otherwise provided by law, to independently use the plot for the purposes for which it is provided, including the construction of buildings, structures and other real estate on the plot for these purposes. Buildings, structures, and other real estate created by this person for himself are his property.

3. Persons to whom land plots are provided for permanent (indefinite) use do not have the right to dispose of such land plots, except in cases of concluding an agreement on the establishment of an easement and transferring the land plot for free use to a citizen in the form of a service allotment in accordance with the Land Code of the Russian Federation.

Article 270. Lost power.

Article 271. Right to use a land plot by the owner of real estate

1. The owner of a building, structure or other real estate located on a land plot owned by another person has the right to use the land plot provided by such person for this real estate.

2. When the ownership of real estate located on someone else's land plot is transferred to another person, he acquires the right to use the corresponding land plot on the same conditions and to the same extent as the previous owner of the property.

The transfer of ownership of a land plot is not the basis for termination or change of the right to use this plot belonging to the owner of the real estate.

3. The owner of real estate located on someone else's land plot has the right to own, use and dispose of this real estate at his own discretion, including demolition of the relevant buildings and structures, insofar as this does not contradict the conditions for use of this plot established by law or agreement.

Article 272. Consequences of the loss by the owner of real estate of the right to use the land plot

2. In the absence or failure to reach an agreement specified in paragraph 1 of this article, the consequences of termination of the right to use the land plot are determined by the court at the request of the owner of the land plot or the owner of the real estate.

The owner of a land plot has the right to demand in court that the owner of the property, after termination of the right to use the plot, release him from the property and restore the plot to its original condition.

In cases where the demolition of a building or structure located on a land plot is prohibited in accordance with the law and other legal acts (residential buildings, historical and cultural monuments, etc.) or cannot be carried out due to the obvious excess cost of the building or structure compared with the value of the land allocated for it, the court, taking into account the grounds for termination of the right to use the land plot and upon presentation of relevant demands by the parties, may:

Recognize the right of the owner of the real estate to acquire ownership of the land plot on which this property is located, or the right of the owner of the land plot to acquire the remaining real estate on it, or establish the conditions for the use of the land plot by the owner of the real estate for a new period.

3. The rules of this article do not apply upon termination of a lease agreement for a land plot that is in state or municipal ownership and on which an unfinished construction project is located (Article 239.1), upon withdrawal of a land plot for state or municipal needs (Article 279), as well as termination of rights to a land plot due to its non-use for its intended purpose or use in violation of the legislation of the Russian Federation.

Article 273. Transfer of the right to a land plot upon alienation of buildings or structures located on it

Article 274. The right to limited use of someone else’s land plot (easement)

1. The owner of real estate (land, other real estate) has the right to demand from the owner of a neighboring land plot, and, if necessary, from the owner of another land plot (adjacent plot), to grant the right to limited use of the neighboring plot (easement).

An easement may be established to ensure passage and passage through a neighboring land plot, construction, reconstruction and (or) operation of linear objects that do not interfere with the use of the land plot in accordance with the permitted use, as well as other needs of the owner of real estate that cannot be provided without establishing easement.

2. Encumbering a land plot with an easement does not deprive the owner of the plot of the rights of ownership, use and disposal of this plot.

3. An easement is established by agreement between the person requiring the establishment of an easement and the owner of the neighboring plot and is subject to registration in the manner established for the registration of rights to real estate. If no agreement is reached on the establishment or conditions of the easement, the dispute is resolved by the court at the request of the person demanding the establishment of the easement.

4. Under the conditions and in the manner provided for in paragraphs 1 and 3 of this article, an easement may also be established in the interests and at the request of the person to whom the plot is provided with the right of lifelong inheritable possession or the right of permanent (perpetual) use, and other persons in cases provided for by federal law. laws.

5. The owner of a plot of land encumbered by an easement has the right, unless otherwise provided by law, to demand from the persons in whose interests the easement is established a proportionate payment for the use of the plot.

6. In cases provided for by law, an easement is established by agreement between the person requiring the establishment of the easement and the person to whom the land plot is in state or municipal ownership, if this is permitted by land legislation. In this case, the rules provided for by this article and Articles 275 and 276 of this Code for the owner of such a land plot are applied to the person who is provided with a land plot in respect of which an easement is established.

Article 275. Preservation of easement upon transfer of rights to a land plot

1. The easement is preserved in the event of transfer of rights to the land plot, which is encumbered by this easement, to another person, unless otherwise provided by this Code.

2. An easement cannot be an independent subject of sale or purchase, or a pledge, and cannot be transferred in any way to persons who are not the owners of the real estate to ensure the use of which the easement was established.

Article 276. Termination of easement

1. At the request of the owner of a land plot encumbered by an easement, the easement may be terminated due to the disappearance of the grounds on which it was established.

2. In cases where a land plot owned by a citizen or legal entity, as a result of being encumbered with an easement, cannot be used in accordance with the intended purpose of the site, the owner has the right to demand in court the termination of the easement.

Article 277. Encumbrance of buildings and structures with servitude

In relation to the rules provided for in Articles 274 - 276 of this Code, an easement may be encumbered by buildings, structures and other real estate, the limited use of which is necessary regardless of the use of the land plot.

Article 278. Levy of execution on a land plot

Foreclosure of a land plot for the obligations of its owner is permitted only on the basis of a court decision.

Article 279. Confiscation of a land plot for state or municipal needs

1. Withdrawal of a land plot for state or municipal needs is carried out in cases and in the manner provided for by land legislation.

2. As a result of the seizure of a land plot for state or municipal needs, the following is carried out:

1) termination of the right of ownership of a citizen or legal entity to such a plot of land;

2) termination of the right of permanent (perpetual) use, lifelong inheritable possession of a land plot in state or municipal ownership;

3) early termination of a lease agreement for a land plot located in state or municipal ownership, or an agreement for the gratuitous use of such a land plot.

4. From the date of termination of the rights to the seized land plot of the previous right holder, the easement, pledge established in relation to such a land plot, as well as agreements concluded by this right holder in relation to such a land plot are terminated.

Easements established in relation to the withdrawn land plot are preserved if the use of such land plot under the terms of the easement does not contradict the purposes for which the land plot is withdrawn.

If the seizure of a land plot for state or municipal needs makes it impossible for the owner of the land plot to fulfill other obligations to third parties, including obligations based on agreements concluded by the owner of the land plot with such persons, a decision on the seizure of the land plot for state or municipal needs constitutes grounds for termination of these obligations.

5. The owner of the land plot must be notified of the decision made to seize the land plot for state or municipal needs in accordance with land legislation.

6. The terms, amount of compensation and other conditions under which the withdrawal of a land plot for state or municipal needs is carried out are determined by the agreement on the withdrawal of the land plot and real estate located on it for state or municipal needs (hereinafter referred to as the withdrawal agreement). In case of forced seizure, such conditions are determined by the court.

Article 280. Use and disposal of a land plot subject to seizure for state or municipal needs

At the same time, the persons specified in this article bear the risk of attributing to them the costs and losses associated with the construction, reconstruction of buildings, structures, implementation of inseparable improvements, from the day they are notified of the decision made to seize a land plot for state or municipal needs in accordance with land legislation.

Article 281. Compensation for seized land

1. For a land plot seized for state or municipal needs, its owner is provided with compensation.

2. When determining the amount of compensation for the seizure of a land plot for state or municipal needs, it includes the market value of the land plot, the ownership of which is subject to termination, or the market value of other rights to the land plot that are subject to termination, and losses caused by the seizure of such a land plot, including including lost profits, and determined in accordance with federal legislation.

If, simultaneously with the seizure of a land plot for state or municipal needs, real estate objects located on such a land plot and belonging to the right holder of this land plot are seized, the compensation for the seized property includes the market value of the real estate objects, the ownership of which is subject to termination, or the market value of other rights to real estate subject to termination.

3. If there is the consent of the person from whom the land plot is being confiscated, the confiscation agreement may provide for the provision of another land plot and (or) other real estate to this person on the terms and in the manner determined by law, with the cost of such land plot and (or) ) other real estate or rights to them in the amount of compensation for the seized land plot.

4. Forced seizure of a land plot for state or municipal needs is permitted subject to prior and equivalent compensation.

Article 282. Confiscation of a land plot for state or municipal needs by court decision

2. Forced seizure of a land plot for state or municipal needs is carried out by court decision.

A claim for the forced seizure of a land plot for state or municipal needs may be brought to court during the validity period of the decision on the seizure of a land plot for state or municipal needs.

In this case, the specified claim cannot be filed earlier than before the expiration of ninety days from the date the owner of such land plot received the draft agreement on seizure.

Article 284. Confiscation of a land plot that is not used for its intended purpose

This period does not include the time required for development of the site, except in cases where the land plot relates to agricultural land, the turnover of which is regulated by Federal Law of July 24, 2002 No. 101-FZ “On the turnover of agricultural land”, as well as the time , during which the site could not be used for its intended purpose due to natural disasters or other circumstances precluding such use.

Article 285. Seizure of a land plot used in violation of the legislation of the Russian Federation

A land plot can be seized from the owner if the use of the plot is carried out in violation of the requirements of the legislation of the Russian Federation, in particular, if the plot is not used for its intended purpose or its use leads to a significant decrease in the fertility of agricultural land or harm to the environment.

Article 286. Procedure for seizure of a land plot not used for its intended purpose or used in violation of the legislation of the Russian Federation

2. If the owner of a land plot notifies in writing the body that made the decision to seize the land plot of his consent to comply with this decision, the plot is subject to sale at public auction.

3. If the owner of a land plot does not agree with the decision to confiscate the plot from him, the body that made the decision to confiscate the plot may submit a demand for the sale of the plot to the court.

Article 287. Termination of rights to a land plot belonging to persons who are not its owners

Termination of rights to a land plot belonging to tenants and other persons who are not its owners due to improper use of the plot by these persons is carried out on the grounds and in the manner established by land legislation.

Civil Code of the Russian Federation. Table of contents:


BASIC POINTS
Articles 1-7: Basic principles of civil legislation. Relations regulated by civil law. The effect of civil legislation over time.
Articles 8-16: The emergence of civil rights and obligations. Implementation and methods of protecting civil rights. Compensation for damages. State registration of property rights.
INDIVIDUALS AND LEGAL ENTITIES
Articles 17-30: Citizens (individuals). Legal capacity and legal capacity of individuals. Citizen's name and place of residence. Entrepreneurial activity of a citizen.
Articles 31-41: Guardianship, guardianship. Disposal of the ward's property. Trust management of the ward's property. Termination of guardianship and trusteeship. Patronage.
Articles 42-47: Recognition of a citizen as missing. Consequences. Cancellation of a decision to recognize a citizen as missing. Declaring a citizen dead.
Articles 48-56: Legal entities. Basic provisions. Institution and state registration of legal entities. Representative offices and branches of a legal entity. Responsibility of legal entities faces.
Articles 57-60.2: Reorganization of a legal entity. Succession during reorganization of a legal entity. Transfer deed. Guarantees of the rights of creditors of the reorganized legal entity. faces.
Articles 61-65: Liquidation of a legal entity. Satisfying the claims of creditors of the liquidated legal entity. faces. Protection of creditors' rights. Termination of an inactive legal entity. faces.
Articles 65.1-65.3: Corporate and unitary legal entities. Corporations. Rights and obligations of corporation participants. Management in a corporation.
Articles 66-68: Basic provisions on business partnerships and companies. Public and non-public companies. Corporate agreement. Subsidiary business company.
Articles 69-81: Full partnership. Responsibilities of participants in a general partnership. Distribution of profits and losses. Responsibility of participants in a general partnership.
Articles 82-86.1: Partnership of faith. Management of a limited partnership and conduct of its affairs. Rights and obligations of a partnership investor. Peasant (farm) economy.
Articles 87-94: Limited Liability Company. Creation of society. Reorganization and liquidation of the company. Transfer of a share in the authorized capital to another person.
Articles 96-104: Joint-Stock Company. Authorized capital of a joint stock company. Increase/decrease of authorized capital. Restrictions on the issue of securities and payment of dividends.
Articles 106-114: Production cooperative. Property of a production cooperative. Basic provisions on state and municipal unitary enterprises.
Articles 123.1-123.16: Non-profit corporate organizations. Consumer cooperative. Public organizations and movements. Associations and unions. Chambers of Lawyers.
Articles 124-127: Non-profit unitary organizations. Funds. Institutions. Autonomous non-profit organizations. Religious organizations.
OBJECTS OF CIVIL RIGHTS
Articles 128-141: Objects of civil rights. Immovable and movable things. State registration of real estate. Indivisible things. Complicated things. The main thing and accessory.
Articles 142-149: Securities. Types of securities. Documentary and uncertificated securities. Execution on a security. Transfer of rights certified by securities.
Articles 150-152: Intangible benefits and their protection. Compensation for moral damage. Protection of honor, dignity and business reputation. Protection of the image and privacy of the citizen
DEALS. DECISIONS OF MEETINGS. REPRESENTATION
Articles 153-165: Transactions. Concept, types and form of transactions. Transactions made under conditions. Consent to complete the transaction. Written form of the transaction (simple and notarial).
Articles 166-181: Invalidity of transactions. Voidable and void transactions. Provisions on the consequences of invalidity of a transaction. Invalidity of imaginary and feigned transactions.
Articles 181.1-181.5: Meeting decisions. Basic provisions. Making a decision at the meeting. Invalidity and insignificance of the meeting's decision. Contestability of the meeting's decision.
Articles 182-189: Representation. Power of attorney. General provisions of the law on power of attorney Certification of power of attorney. Duration of the power of attorney. Retrust. Termination of power of attorney.
DEADLINES. LIMITATION OF ACTIONS
Articles 190-208: Deadlines. Calculation of deadlines. The beginning of a term and the end of a term defined by a period of time. Limitation of actions. General and special limitation periods.
OWNERSHIP AND OTHER PROPERTY RIGHTS
Articles 209-217: Ownership and other property rights. Contents of property rights. Burden of maintenance and risk of accidental loss of property. Subjects of property rights.
Articles 218-234: Acquisition of property rights. Grounds for acquiring property rights. The moment the acquirer acquires ownership rights under the contract.
Articles 235-243: Termination of ownership. Grounds for termination of property rights. Relinquishment of ownership. Foreclosure of property. Confiscation.
Articles 244-259: Common property. The concept and grounds for the emergence of common property. Foreclosure of a share in common property. Common property of spouses.
Articles 260-287: Ownership and other proprietary rights to land. Land plot as an object of ownership. Land plots for public use. Development of the site.
Articles 288-306: Ownership and other proprietary rights to residential premises. Protection of property rights and other rights. Reclaiming property from someone else's illegal possession.
GENERAL PROVISIONS OF OBLIGATIONS
Articles 307-317: General provisions on obligations. The concept of obligation. Parties to the obligation. Execution of obligations. Date and place of fulfillment of the obligation.
Articles 318-328: Execution of obligations. The order of repayment of claims under a monetary obligation. Fulfillment of an obligation by depositing a debt.
Articles 329-342: Ensuring the fulfillment of obligations. Penalty. Legal penalty. Reducing penalties. Pledge. Grounds for the emergence of a pledge. The value of the collateral.
Articles 343-349: Pledge. The order of satisfaction of mortgagee claims. Maintenance and safety of pledged property. Replacement and restoration of the collateral.
Articles 350-356: Pledge. Sale of pledged property in the event of foreclosure on it in court. Termination of pledge. Transfer of rights and obligations under the pledge agreement.
Articles 357-358: Certain types of collateral. Pledge of goods in circulation. Pledge of things in a pawnshop. Pledge of obligatory rights. Pledge of rights under a bank account agreement. Pledge of securities
Articles 359-367: Holding things. Guarantee. Grounds for the emergence of a guarantee Form of a guarantee agreement. Liability of the guarantor. Termination of guarantee.
Articles 368-381: Independent guarantee. Revocation and modification of independent warranty. Responsibility of the beneficiary. Termination of warranty. Deposit. Security payment.
Articles 382-392: Change of persons in an obligation. Transfer of creditor's rights to another person. Grounds for transferring the creditor's rights to another person. Transfer of debt. Terms of debt transfer.

Article 260. General provisions on land ownership

1. Persons who own a plot of land have the right to sell it, donate it, pledge it or lease it and otherwise dispose of it (Article 209) insofar as the relevant lands are not excluded from circulation or limited in circulation on the basis of law.
2. On the basis of the law and in the manner established by it, lands for agricultural and other special purposes are determined, the use of which for other purposes is not allowed or is limited. The use of a land plot classified as such land can be carried out within the limits determined by its intended purpose.

Footnote removed. - Federal Law of April 16, 2001 N 45-FZ.

Article 261. Land plot as an object of ownership

1. Lost power. - Federal Law of December 4, 2006 N 201-FZ.
2. Unless otherwise established by law, the right of ownership of a land plot extends to the surface (soil) layer and water bodies located within the boundaries of this plot, and the plants located on it.
(as amended by Federal Laws dated 03.06.2006 N 73-FZ, dated 04.12.2006 N 201-FZ)
3. The owner of a land plot has the right to use, at his own discretion, everything that is above and below the surface of this plot, unless otherwise provided by laws on subsoil, on the use of air space, other laws and does not violate the rights of other persons.

Article 262. Land plots for public use. Access to the land plot

1. Citizens have the right to freely, without any permission, be on land plots that are not closed to public access and are in state or municipal ownership, and to use the natural objects available on these plots to the extent permitted by law and other legal acts, as well as by the owner the corresponding land plot.
2. If the land plot is not fenced or its owner has not otherwise clearly indicated that entry to the plot without his permission is not permitted, any person may pass through the plot, provided that this does not cause damage or disturbance to the owner.

Article 263. Land development

1. The owner of a land plot may erect buildings and structures on it, carry out their reconstruction or demolition, and permit construction on his plot by other persons. These rights are exercised subject to compliance with urban planning and construction norms and rules, as well as requirements regarding the intended purpose of the land plot (clause 2 of Article 260).
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
2. Unless otherwise provided by law or agreement, the owner of a land plot acquires the right of ownership to a building, structure and other real estate erected or created by him for himself on the plot belonging to him.
The consequences of unauthorized construction carried out by the owner on a land plot belonging to him are determined by Article 222 of this Code.

Article 264. Rights to land of persons who are not owners of land plots

1. Land plots may be provided by their owners to other persons on the terms and in the manner provided for by civil and land legislation.
(Clause 1 as amended by Federal Law dated June 26, 2007 N 118-FZ)
2. A person who is not the owner of a land plot exercises his rights of ownership and use of the plot on the terms and within the limits established by law or an agreement with the owner.
3. The owner of a land plot who is not the owner does not have the right to dispose of this plot, unless otherwise provided by law.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)

Article 265. Grounds for acquiring the right of lifelong inheritable ownership of a land plot

The right to lifelong inheritable ownership of a land plot in state or municipal ownership is acquired by citizens on the grounds and in the manner provided for by land legislation.

Article 266. Possession and use of a land plot on the right of lifelong inheritable possession

1. A citizen who has the right of lifelong inheritable ownership (the owner of a land plot) has the rights of ownership and use of a land plot, transmitted by inheritance.
2. 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 rights to it.

Article 267. Disposal of a land plot that is in lifelong inheritable possession

(as amended by Federal Law No. 118-FZ dated June 26, 2007)

Disposal of a land plot that is in lifelong inheritable possession is not permitted, except in the case of transfer of the right to a land plot by inheritance.

Article 268. Grounds for acquiring the right to permanent (perpetual) use of a land plot

1. The right to permanent (indefinite) use of a land plot in state or municipal ownership is granted to persons specified in the Land Code of the Russian Federation.
(Clause 1 as amended by Federal Law dated June 23, 2014 N 171-FZ)
2. Lost power. - Federal Law of June 26, 2007 N 118-FZ.
3. In the event of reorganization of a legal entity, the right of permanent (indefinite) use of a land plot belonging to it shall be transferred through the procedure of legal succession.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)

Article 269. Ownership and use of land on the right of permanent (perpetual) use
(as amended by Federal Law No. 118-FZ dated June 26, 2007)

1. A person to whom a land plot is granted for permanent (indefinite) use shall own and use this plot within the limits established by law, other legal acts and the act on granting the plot for use.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
2. A person to whom a land plot is granted for permanent (indefinite) use has the right, unless otherwise provided by law, to independently use the plot for the purposes for which it is provided, including the construction of buildings, structures and other real estate on the plot for these purposes. Buildings, structures, and other real estate created by this person for himself are his property.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
3. Persons to whom land plots are provided for permanent (indefinite) use do not have the right to dispose of such land plots, except in cases of concluding an agreement on the establishment of an easement and transferring the land plot for free use to a citizen in the form of a service allotment in accordance with the Land Code of the Russian Federation.
(Clause 3 introduced by Federal Law dated June 23, 2014 N 171-FZ)

Article 270. Lost power. - Federal Law of December 4, 2006 N 201-FZ.

Article 271. The right to use the land plot by the property owner

1. The owner of a building, structure or other real estate located on a land plot owned by another person has the right to use the land plot provided by such person for this real estate.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
The paragraph is no longer valid. - Federal Law of June 26, 2007 N 118-FZ.
2. When the ownership of real estate located on someone else’s land plot is transferred to another person, he acquires the right to use the corresponding land plot on the same conditions and to the same extent as the previous owner of the property.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)

Note:
On the issue concerning the transfer of the right to a land plot when transferring the right to real estate, see also Article 35 of the Land Code of the Russian Federation.

The transfer of ownership of a land plot is not the basis for termination or change of the right to use this plot belonging to the owner of the real estate.
3. The owner of real estate located on someone else’s land plot has the right to own, use and dispose of this real estate at his own discretion, including demolition of the relevant buildings and structures, insofar as this does not contradict the conditions for use of this plot established by law or agreement.

Article 272. Consequences of a property owner losing the right to use a land plot

1. Upon termination of the right to use a land plot granted to the owner of the real estate located on this plot (Article 271), the rights to the real estate left by its owner on the land plot are determined in accordance with an agreement between the owner of the plot and the owner of the corresponding real estate.
2. In the absence or failure to reach an agreement specified in paragraph 1 of this article, the consequences of termination of the right to use the land plot are determined by the court at the request of the owner of the land plot or the owner of the real estate.
The owner of a land plot has the right to demand in court that the owner of the property, after termination of the right to use the plot, release him from the property and restore the plot to its original condition.
In cases where the demolition of a building or structure located on a land plot is prohibited in accordance with the law and other legal acts (residential buildings, historical and cultural monuments, etc.) or cannot be carried out due to the obvious excess cost of the building or structure compared with the value of the land allocated for it, the court, taking into account the grounds for termination of the right to use the land plot and upon presentation of relevant demands by the parties, may:
recognize the right of the owner of real estate to acquire ownership of the land plot on which this real estate is located, or the right of the owner of the land plot to acquire the remaining real estate on it, or
establish the conditions for the use of the land plot by the property owner for a new period.
3. The rules of this article do not apply upon termination of a lease agreement for a land plot that is in state or municipal ownership and on which an unfinished construction project is located (Article 239.1), when withdrawing a land plot for state or municipal needs (Article 279), as well as termination of rights to a land plot due to its non-use for its intended purpose or use in violation of the legislation of the Russian Federation.
(as amended by Federal Laws dated June 23, 2014 N 171-FZ, dated December 31, 2014 N 499-FZ, dated July 3, 2016 N 354-FZ)

Article 273. Transfer of rights to a land plot upon alienation of buildings or structures located on it

When transferring ownership of a building or structure that belonged to the owner of the land plot on which it is located, the owner of the building or structure passes to the owner of the land plot occupied by the building or structure and necessary for its use, unless otherwise provided by law.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)
Part two is no longer valid. - Federal Law of June 26, 2007 N 118-FZ.

Note:
For some practical issues in cases of establishing an easement on a land plot, see Review of the judicial practice of the Supreme Court of the Russian Federation.

Article 274. The right to limited use of someone else’s land plot (easement)

1. The owner of real estate (land plot, other real estate) has the right to demand from the owner of a neighboring land plot, and, if necessary, from the owner of another land plot (adjacent plot), to grant the right to limited use of the neighboring plot (easement).
An easement may be established to ensure passage and passage through a neighboring land plot, construction, reconstruction and (or) operation of linear objects that do not interfere with the use of the land plot in accordance with the permitted use, as well as other needs of the owner of real estate that cannot be provided without establishing easement.
(as amended by Federal Law dated June 23, 2014 N 171-FZ)
2. Encumbering a land plot with an easement does not deprive the owner of the plot of the rights of ownership, use and disposal of this plot.
3. An easement is established by agreement between the person requiring the establishment of an easement and the owner of the neighboring plot and is subject to registration in the manner established for the registration of rights to real estate. If no agreement is reached on the establishment or conditions of the easement, the dispute is resolved by the court at the request of the person demanding the establishment of the easement.
4. Under the conditions and in the manner provided for in paragraphs 1 and 3 of this article, an easement may also be established in the interests and at the request of the person to whom the plot is allocated on the right of lifelong inheritable possession or the right of permanent (perpetual) use, and other persons in cases provided for by federal laws.
(as amended by Federal Laws dated June 26, 2007 N 118-FZ, dated December 30, 2008 N 311-FZ)
5. The owner of a plot of land encumbered by an easement has the right, unless otherwise provided by law, to demand from the persons in whose interests the easement is established a proportionate payment for the use of the plot.
6. In cases provided for by law, an easement is established by agreement between the person requiring the establishment of an easement and the person to whom the land plot is in state or municipal ownership, if this is permitted by land legislation. In this case, the rules provided for by this article and Articles 275 and 276 of this Code for the owner of such a land plot are applied to the person who is provided with a land plot in respect of which an easement is established.
(Clause 6 introduced by Federal Law dated June 23, 2014 N 171-FZ)

Article 275. Preservation of an easement during the transfer of rights to a land plot

1. An easement is preserved in the event of the transfer of rights to a land plot that is burdened with this easement to another person, unless otherwise provided by this Code.

2. An easement cannot be an independent subject of sale or purchase, or a pledge, and cannot be transferred in any way to persons who are not the owners of the real estate to ensure the use of which the easement was established.

Article 276. Termination of easement

1. At the request of the owner of a land plot encumbered with an easement, the easement may be terminated due to the disappearance of the grounds on which it was established.
2. In cases where a land plot owned by a citizen or legal entity, as a result of being encumbered with an easement, cannot be used in accordance with the intended purpose of the plot, the owner has the right to demand in court the termination of the easement.
(as amended by Federal Law No. 118-FZ dated June 26, 2007)

Article 277. Encumbrance of easement on buildings and structures

Article 278. Foreclosure of a land plot

Foreclosure of a land plot for the obligations of its owner is permitted only on the basis of a court decision.

Note:
On the issue of seizure of a land plot for state or municipal needs, see also paragraph 2 of Article 26 of the Federal Law of December 31, 2014 N 499-FZ.

Article 279. Withdrawal of a land plot for state or municipal needs

(as amended by Federal Law dated December 31, 2014 N 499-FZ)

1. Confiscation of a land plot for state or municipal needs is carried out in cases and in the manner provided for by land legislation.
2. As a result of the seizure of a land plot for state or municipal needs, the following is carried out:

1) termination of the right of ownership of a citizen or legal entity to such a plot of land;
2) termination of the right of permanent (perpetual) use, lifelong inheritable possession of a land plot in state or municipal ownership;
3) early termination of a lease agreement for a land plot located in state or municipal ownership, or an agreement for the gratuitous use of such a land plot.

3. The decision to withdraw a land plot for state or municipal needs is made by federal executive authorities, executive authorities of constituent entities of the Russian Federation or local government bodies determined in accordance with land legislation.
4. From the date of termination of the rights to the seized land plot of the previous right holder, the easement, pledge established in relation to such a land plot, as well as agreements concluded by this right holder in relation to such a land plot are terminated. Easements established in relation to the withdrawn land plot are preserved if the use of such land plot under the terms of the easement does not contradict the purposes for which the land plot is withdrawn.
If the seizure of a land plot for state or municipal needs makes it impossible for the owner of the land plot to fulfill other obligations to third parties, including obligations based on agreements concluded by the owner of the land plot with such persons, a decision on the seizure of the land plot for state or municipal needs constitutes grounds for termination of these obligations.
5. The legal owner of the land plot must be notified of the decision made to seize the land plot for state or municipal needs in accordance with land legislation.

Note:
On the preparation and conclusion of an agreement on the seizure of a land plot, see paragraph 1 of Article 26 of the Federal Law of December 31, 2014 N 499-FZ.

6. The terms, amount of compensation and other conditions under which the withdrawal of a land plot for state or municipal needs is carried out are determined by the agreement on the withdrawal of the land plot and the real estate located on it for state or municipal needs (hereinafter referred to as the withdrawal agreement). In case of forced seizure, such conditions are determined by the court.

Article 280. Use and disposal of a land plot subject to seizure for state or municipal needs

(as amended by Federal Law dated December 31, 2014 N 499-FZ)

Persons whose rights to a land plot are terminated due to its seizure for state or municipal needs, until the day of termination of these rights, own, use and dispose of such land plot in accordance with the law at their own discretion. At the same time, the persons specified in this article bear the risk of attributing to them the costs and losses associated with the construction, reconstruction of buildings, structures, implementation of inseparable improvements, from the day they are notified of the decision made to seize a land plot for state or municipal needs in accordance with land legislation.

Article 281. Compensation for seized land

(as amended by Federal Law dated December 31, 2014 N 499-FZ)

1. For a land plot seized for state or municipal needs, its owner is provided with compensation.
2. When determining the amount of compensation for the seizure of a land plot for state or municipal needs, it shall include the market value of the land plot, the ownership of which is subject to termination, or the market value of other rights to the land plot subject to termination, and losses caused by the seizure of such land plot , including lost profits, and determined in accordance with federal legislation.
If, simultaneously with the seizure of a land plot for state or municipal needs, real estate objects located on such a land plot and belonging to the right holder of this land plot are seized, the compensation for the seized property includes the market value of the real estate objects, the ownership of which is subject to termination, or the market value of other rights to real estate subject to termination.
3. If there is the consent of the person from whom the land plot is being seized, the agreement on seizure may provide for the provision to this person of another land plot and (or) other real estate on the terms and in the manner determined by law, with the cost of such land plot offset and (or) other real estate or rights to them in the amount of compensation for the seized land plot.
4. Forced seizure of a land plot for state or municipal needs is permitted subject to prior and equivalent compensation.

Article 282. Seizure of a land plot for state or municipal needs by court decision

(as amended by Federal Law dated December 31, 2014 N 499-FZ)

1. If the right holder of the confiscated land plot has not concluded an agreement on confiscation, including due to disagreement with the decision to confiscate the land plot from him, forced confiscation of the land plot for state or municipal needs is permitted.
2. Forced seizure of a land plot for state or municipal needs is carried out by court decision. A claim for the forced seizure of a land plot for state or municipal needs may be brought to court during the validity period of the decision on the seizure of a land plot for state or municipal needs. In this case, the specified claim cannot be filed earlier than before the expiration of ninety days from the date the owner of such land plot received the draft agreement on seizure.

Article 283. Lost force on April 1, 2015. - Federal Law of December 31, 2014 N 499-FZ.

Article 284. Confiscation of a land plot that is not used for its intended purpose

A land plot may be seized from the owner in cases where the plot is intended for agriculture or housing or other construction and is not used for its intended purpose for three years, unless a longer period is established by law. This period does not include the time required for development of the site, except in cases where the land plot relates to agricultural land, the turnover of which is regulated by Federal Law of July 24, 2002 N 101-FZ "On the turnover of agricultural land", as well as the time , during which the site could not be used for its intended purpose due to natural disasters or other circumstances precluding such use.

Article 285. Seizure of a land plot used in violation of the legislation of the Russian Federation

(as amended by Federal Law dated July 3, 2016 N 354-FZ)

Article 286. The procedure for the seizure of a land plot not used for its intended purpose or used in violation of the legislation of the Russian Federation
(as amended by Federal Law dated July 3, 2016 N 354-FZ)

1. The body of state power or local self-government authorized to make decisions on the seizure of land plots on the grounds provided for in Articles 284 and 285 of this Code, as well as the procedure for mandatory advance warning of plot owners about violations, are determined by land legislation.
2. If the owner of a land plot notifies in writing the body that made the decision to seize the land plot of his consent to implement this decision, the plot is subject to sale at public auction.
3. If the owner of a land plot does not agree with the decision to confiscate the plot from him, the body that made the decision to confiscate the plot may submit a demand for the sale of the plot to the court.

Article 287. Termination of rights to a land plot belonging to persons other than its owners

Note: The norms of Chapter 17 regarding transactions with agricultural land plots come into force from the date of entry into force of the Land Code of the Russian Federation and the law on the turnover of agricultural land.

Article 260. General provisions on land ownership

1. Persons who own a land plot have the right to sell it, donate it, pledge it or lease it and otherwise dispose of it () insofar as the relevant lands are not excluded from circulation on the basis of law or are not limited in circulation.

2. On the basis of the law and in the manner established by it, lands for agricultural and other special purposes are determined, the use of which for other purposes is not allowed or is limited. The use of a land plot classified as such land can be carried out within the limits determined by its intended purpose. (as amended by Federal Law No. 118-FZ dated June 26, 2007)

Article 261. Land plot as an object of ownership rights

1. Lost power. - Federal Law of December 4, 2006 N 201-FZ.

Article 262. Land plots for public use. Access to the land plot

2. If the land plot is not fenced or its owner has not otherwise clearly indicated that entry to the plot without his permission is not permitted, any person may pass through the plot, provided that this does not cause damage or disturbance to the owner.

Article 263. Development of a land plot

The consequences of unauthorized construction carried out by the owner on a land plot belonging to him are determined by Article 222 of this Code.

Article 264. Rights to land of persons who are not owners of land plots

2. A person who is not the owner of a land plot exercises his rights of ownership and use of the plot on the terms and within the limits established by law or an agreement with the owner.

3. The owner of a land plot who is not the owner does not have the right to dispose of this plot, unless otherwise provided by law. (as amended by Federal Law No. 118-FZ dated June 26, 2007)

Article 265. Grounds for acquiring the right of lifelong inheritable ownership of a land plot

The right to lifelong inheritable ownership of a land plot in state or municipal ownership is acquired by citizens on the grounds and in the manner provided for by land legislation.

Article 266. Possession and use of a land plot on the right of lifelong inheritable possession

Disposal of a land plot that is in lifelong inheritable possession is not permitted, except in the case of transfer of the right to a land plot by inheritance.

Article 267. Disposal of a land plot located in lifelong inheritable possession

(as amended by Federal Law No. 118-FZ dated June 26, 2007)

1. The owner of a land plot may transfer it to other persons for rent or free-term use.

2. The sale, pledge of a land plot and the execution by its owner of other transactions that entail or may entail the alienation of the land plot are not allowed.

Article 268. Grounds for acquiring the right to permanent (indefinite) use of a land plot

1. The right to permanent (unlimited) use of a land plot in state or municipal ownership is granted to a state or municipal institution, state-owned enterprise, state authority, local government body on the basis of a decision of the state or municipal body authorized to provide land plots for such use. (as amended by Federal Laws dated December 4, 2006 N 201-FZ, dated June 26, 2007 N 118-FZ)

2. Lost power. - Federal Law of June 26, 2007 N 118-FZ.

3. In the event of reorganization of a legal entity, the right of permanent (indefinite) use of a land plot belonging to it shall be transferred through the procedure of legal succession. (as amended by Federal Law No. 118-FZ dated June 26, 2007)

Article 269. Possession and use of land on the right of permanent (indefinite) use

(as amended by Federal Law No. 118-FZ dated June 26, 2007)

Article 270. Disposal of a land plot in permanent use

Lost power. - Federal Law of December 4, 2006 N 201-FZ.

Article 271. Right to use a land plot by the owner of real estate

The paragraph is no longer valid. - Federal Law of June 26, 2007 N 118-FZ.

2. When the ownership of real estate located on someone else’s land plot is transferred to another person, he acquires the right to use the corresponding land plot on the same conditions and to the same extent as the previous owner of the property. (as amended by Federal Law No. 118-FZ dated June 26, 2007)

The transfer of ownership of a land plot is not the basis for termination or change of the right to use this plot belonging to the owner of the real estate.

3. The owner of real estate located on someone else’s land plot has the right to own, use and dispose of this real estate at his own discretion, including demolition of the relevant buildings and structures, insofar as this does not contradict the conditions for use of this plot established by law or agreement.

Article 272. Consequences of the loss by the owner of real estate of the right to use the land plot

recognize the right of the owner of real estate to acquire ownership of the land plot on which this real estate is located, or the right of the owner of the land plot to acquire the remaining real estate on it, or

establish the conditions for the use of the land plot by the property owner for a new period.

3. The rules of this article do not apply when a land plot is withdrawn for state or municipal needs (), as well as when rights to a land plot are terminated due to its improper use ().

Article 273. Transfer of the right to a land plot upon alienation of buildings or structures located on it

When transferring ownership of a building or structure that belonged to the owner of the land plot on which it is located, the owner of the building or structure passes to the owner of the land plot occupied by the building or structure and necessary for its use, unless otherwise provided by law. (as amended by Federal Law No. 118-FZ dated June 26, 2007)

Part two is no longer valid. - Federal Law of June 26, 2007 N 118-FZ.

Article 274. The right to limited use of someone else’s land plot (easement)

An easement can be established to ensure passage and passage through a neighboring land plot, the laying and operation of power lines, communications and pipelines, water supply and land reclamation, as well as other needs of the owner of real estate that cannot be provided without the establishment of an easement.

2. Encumbering a land plot with an easement does not deprive the owner of the plot of the rights of ownership, use and disposal of this plot.

4. Under the conditions and in the manner provided for in paragraphs 1 and 3 of this article, an easement may also be established in the interests and at the request of the person to whom the plot is allocated on the right of lifelong inheritable possession or the right of permanent (perpetual) use, and other persons in cases provided for by federal laws. (as amended by Federal Laws dated June 26, 2007 N 118-FZ, dated December 30, 2008 N 311-FZ)

Article 275. Preservation of easement upon transfer of rights to a land plot

1. The easement is preserved in the event of the transfer of rights to the land plot, which is encumbered by this easement, to another person.

2. An easement cannot be an independent subject of purchase or sale, or a pledge, and cannot be transferred in any way to persons who are not the owners of the real estate to ensure the use of which the easement was established.

Article 276. Termination of easement

1. At the request of the owner of a land plot encumbered with an easement, the easement may be terminated due to the disappearance of the grounds on which it was established.

4. Under the conditions and in the manner provided for in paragraphs 1 and 3 of this article, an easement may also be established in the interests and at the request of the person to whom the plot is provided with the right of lifelong inheritable possession or the right of permanent (perpetual) use. (as amended by Federal Law No. 118-FZ dated June 26, 2007)

Article 277. Encumbrance of buildings and structures with servitude

In relation to the rules provided for by this Code, an easement may be encumbered by buildings, structures and other real estate, the limited use of which is necessary regardless of the use of the land plot.

Article 278. Levy of execution on a land plot

Foreclosure of a land plot for the obligations of its owner is permitted only on the basis of a court decision.

Article 279. Purchase of land for state and municipal needs

1. A land plot may be seized from the owner for state or municipal needs through redemption.

Depending on whose needs the land is being seized, the purchase is carried out by the Russian Federation, the corresponding constituent entity of the Russian Federation or a municipal entity.

2. The decision to withdraw a land plot for state or municipal needs is made by federal executive authorities, executive authorities of a constituent entity of the Russian Federation or local government authorities. (as amended by Federal Law dated December 18, 2006 N 232-FZ)

Federal executive authorities, executive authorities of constituent entities of the Russian Federation, local self-government bodies authorized to make decisions on the seizure of land plots for state or municipal needs, the procedure for preparing and adopting these decisions are determined by federal land legislation. (as amended by Federal Law dated December 18, 2006 N 232-FZ)

3. The owner of a land plot must be notified in writing by the body that made the decision on the seizure no later than a year before the upcoming seizure of the land plot. The purchase of a land plot before the expiration of a year from the date the owner receives such notice is permitted only with the consent of the owner.

4. The decision of a federal executive body, an executive body of a constituent entity of the Russian Federation or a local government body to seize a land plot for state or municipal needs is subject to state registration with the body that registers rights to the land plot. The owner of the land plot must be notified of the registration, indicating its date. (as amended by Federal Law dated December 18, 2006 N 232-FZ)

5. Lost power. - Federal Law of June 26, 2007 N 118-FZ.

Article 280. Rights of the owner of a land plot subject to seizure for state or municipal needs

The owner of a land plot subject to seizure for state or municipal needs, from the moment of state registration of the decision to seize the site until an agreement is reached or a court decision is made to purchase the site, may own, use and dispose of it at his own discretion and make the necessary expenses to ensure the use of the site in accordance with with its intended purpose. However, the owner bears the risk of attributing to him, when determining the redemption price of the land plot (Article 281), costs and losses associated with new construction, expansion and reconstruction of buildings and structures on the land plot during the specified period. (as amended by Federal Law No. 118-FZ dated June 26, 2007)

Article 281. Redemption price of a land plot withdrawn for state or municipal needs

1. Payment for a land plot withdrawn for state or municipal needs (redemption price), terms and other conditions of redemption are determined by agreement with the owner of the plot. The agreement includes the obligation of the Russian Federation, a constituent entity of the Russian Federation or a municipal entity to pay the redemption price for the seized plot.

2. When determining the redemption price, it includes the market value of the land plot and the real estate located on it, as well as all losses caused to the owner by the seizure of the land plot, including losses that he incurs in connection with the early termination of his obligations to third parties, including including lost profits.

3. By agreement with the owner, he may be provided with another plot of land in exchange for the plot seized for state or municipal needs, with its value included in the redemption price.

Article 282. Redemption of a land plot for state or municipal needs by court decision

If the owner does not agree with the decision to confiscate a land plot from him for state or municipal needs or an agreement has not been reached with him on the redemption price or other terms of redemption, the federal executive body, the executive body of the constituent entity of the Russian Federation or the local government body that made such a decision , may file a claim for the redemption of the land plot in court. A claim for the purchase of a land plot for state or municipal needs may be brought within three years from the date of sending the notice specified in paragraph 3 of Article 279 of this Code to the owner of the plot. (as amended by Federal Laws dated December 18, 2006 N 232-FZ, dated June 26, 2007 N 118-FZ)

Article 283. Termination of rights to own and use a land plot when it is withdrawn for state or municipal needs

In cases where a land plot withdrawn for state or municipal needs is owned and used on the basis of the right of lifelong inheritable possession or permanent (perpetual) use, the termination of these rights is carried out in relation to the rules provided for by this Code. (as amended by Federal Law No. 118-FZ dated June 26, 2007)

Article 284. Confiscation of a land plot that is not used in accordance with its intended purpose

(as amended by Federal Law No. 118-FZ dated June 26, 2007)

A land plot may be seized from the owner in cases where the plot is intended for agricultural production or housing or other construction and is not used for the corresponding purpose for three years, unless a longer period is established by law. This period does not include the time required to develop the site, as well as the time during which the site could not be used for its intended purpose due to natural disasters or other circumstances precluding such use. (as amended by Federal Law No. 118-FZ dated June 26, 2007)

Article 285. Confiscation of a land plot used in violation of the law

A land plot may be seized from the owner if the use of the plot is carried out in gross violation of the rules for the rational use of land established by land legislation, in particular if the plot is not used in accordance with its intended purpose or its use leads to a significant decrease in the fertility of agricultural land or a significant deterioration of the environmental situation.

Article 286. Procedure for seizure of a land plot due to its improper use

1. The body of state power or local self-government authorized to make decisions on the seizure of land plots on the grounds provided for by this Code, as well as the procedure for mandatory advance warning of plot owners about violations, are determined by land legislation.

2. If the owner of a land plot notifies in writing the body that made the decision to seize the land plot of his consent to implement this decision, the plot is subject to sale at public auction.

Article 287. Termination of rights to a land plot belonging to persons who are not its owners

Under "ownership of land" is understood as a right that includes three powers - ownership, use and disposal of land and other natural resources (clause 2 of article 36 of the Constitution of the Russian Federation). Regulatory regulation of legal relations in the field of land law is carried out by civil and land legislation. In particular, the Civil Code of the Russian Federation (Part 1) dated November 30, 1994 No. 51-FZ (hereinafter referred to as the Civil Code of the Russian Federation) defines the grounds for the emergence and termination of rights to a plot of land, as to any other property. A set of norms of land law establishes the specifics of the emergence and termination of such rights, as well as the procedure for their registration. The sources of land law are: Land Code of the Russian Federation of October 25, 2001 No. 136-FZ (hereinafter referred to as the Land Code of the Russian Federation), a number of federal laws; Ch. is devoted to issues of land ownership. III Land Code of the Russian Federation “Land Ownership”; issues of the emergence of rights to land are discussed in Chapter. V Land Code of the Russian Federation “Emergence of rights to land”.

In ch. XVII Civil Code of the Russian Federation “Property rights and other real rights to land” examines the grounds for the emergence of real rights. Among the real rights, the objects of which can be plots of land, are:

Ownership rights (private, state, municipal) to a land plot arise either due to the acquisition of rights from another owner (transaction of alienation, exchange, donation, etc.), or through the formation of a new plot and subsequent registration of its ownership;

Rights of use (rent, perpetual use, operational management, etc.);

The right to perpetual use of land in federal or municipal ownership is granted to certain categories of legal entities (public authorities; budgetary, state and autonomous institutions of all levels); state-owned enterprises. Arises in connection with a decision of an authorized government body. The right of perpetual use, previously issued to individuals, remains valid, but such a right cannot be granted to citizens;

The right of lifelong inheritable ownership is currently not granted in the Russian Federation, but existing rights are retained;
The right of limited use (easement) arises from the terms of the transaction, a regulatory act of a public authority, or is associated with the special legal status of the land plot;

Other rights of use (rent, etc.). They arise from the performance of legally significant actions (conclusion of an agreement, publication of a regulatory act of an authority).

Grounds for the emergence of land ownership

According to Art. 25 of the Land Code of the Russian Federation Land Code of the Russian Federation, ownership rights to land plots arise on the grounds established by civil legislation, federal laws and are subject to registration in accordance with the Federal Law “On state registration of rights to real estate and transactions with it” dated July 21, 1997 No. 122-FZ .

- private property (Articles 17, 18 of the Civil Code of the Russian Federation):

on the basis of a contract of sale, exchange, donation or other transaction on the alienation of a land plot (Article 218 of the Civil Code of the Russian Federation);
by way of inheritance, as well as as a result of succession during the reorganization of a legal entity (clause 2 of article 218 of the Civil Code of the Russian Federation);
in the order of privatization of land plots that are in state or municipal ownership (Article 217 of the Civil Code of the Russian Federation);
on other grounds (clause 3 of Article 218 of the Civil Code of the Russian Federation), for example, due to acquisitive prescription.

- into state ownership (Articles 17, 18 of the Land Code of the Russian Federation):

according to federal laws;
gratuitous transfer from federal property (for property of constituent entities of the Russian Federation).

- into municipal ownership (Article 19 of the Land Code of the Russian Federation):

according to federal laws and laws of constituent entities of the Russian Federation adopted in accordance with them;
procedure for delimiting state ownership of land;
civil law grounds;
gratuitous transfer to municipal property from federal property.

State registration of transactions with land plots is mandatory in cases specified in federal laws. The right of private property is certified by a certificate of state registration of private property rights and arises from the moment of registration.

Objects and subjects of land ownership

Object of land ownership is a land plot, the concept of which is enshrined in clause 3 of Art. 6 of the Land Code of the Russian Federation: this is an immovable thing, which is a part of the earth’s surface and has characteristics that make it possible to define it as an individually defined thing.

Land ownership represents the possession of it as one’s own, for example, for a legal entity it is the ability to list it on its balance sheet.

Use of land- this is the opportunity to extract its beneficial properties: place buildings and structures on it, grow agricultural products, etc.

Authority orders consists in the opportunity for the owner to determine the legal fate of the land plot. He has the right to alienate a land plot into the ownership of other persons (donate, sell, exchange, bequeath, transfer as a contribution to the authorized capital of commercial organizations, etc.), transfer to them, while remaining the owner, the rights of ownership, use and disposal of the plot, give it away as collateral, etc.

In accordance with Art. 209 of the Civil Code of the Russian Federation, the owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and interests protected by law of other persons. At the same time, the ownership, use and disposal of land and other natural resources, to the extent that their circulation is permitted by law, is carried out by their owner freely, if this does not cause damage to the environment and does not violate the rights and legitimate interests of other persons.

According to land legislation, land must be used in accordance with its intended purpose (determined by belonging to a particular category of land) and the permitted type of use. The owner of a land plot must carry out measures to protect land, comply with the requirements of urban planning regulations, construction, environmental, sanitary and hygienic, fire safety and other rules and regulations when using land plots, prevent pollution, littering, degradation and deterioration of soil fertility on lands of the relevant categories, perform other duties provided for by the RF Land Code and other federal laws.

Participants in land relations (with subjects of land ownership lju) in accordance with Art. 5 of the Land Code of the Russian Federation are: citizens, legal entities, the Russian Federation, constituent entities of the Russian Federation, municipalities. Paragraph 2 of this article determines that the rights of foreign citizens, stateless persons and foreign legal entities to acquire ownership of land plots are determined in accordance with the Code and federal laws. The law also provides for restrictions in certain cases on the powers of the owner to dispose of a land plot. Yes, Art. 37 of the Land Code of the Russian Federation provides for special requirements for the procedure for concluding agreements for the purchase and sale of land plots.

Ownership of land is protected by law. The owner has the right to reclaim his land plot from someone else's illegal possession in accordance with Art. 301 and 303 of the Civil Code of the Russian Federation, as well as to demand the elimination of any violations of his rights, even if these violations were not associated with deprivation of possession (Article 304 of the Civil Code of the Russian Federation).

The grounds and procedure for the emergence of ownership of land plots are defined in the relevant articles of Chapter. V-V.6 of the Land Code of the Russian Federation, and the grounds and procedure for terminating the right of ownership of land, as well as the provided restrictions on the right of ownership, are in Chapter. VII Land Code of the Russian Federation.

Types and forms of land ownership

The Constitution of the Russian Federation stipulates that land and other natural resources can be in private, state, municipal and other forms of ownership (Article 9). Accordingly, the subjects of ownership of land plots are: the Russian Federation, constituent entities of the Russian Federation, municipalities, citizens and legal entities. At the same time, in Art. 36 specifically emphasizes that citizens and their associations have the right to have land in private ownership, and in Art. 35 - that the right of private property is protected by law. According to civil law, the rights of all owners are protected equally (clause 4 of article 212 of the Civil Code of the Russian Federation). In accordance with paragraph 2 of Art. 9 of the Constitution of the Russian Federation and Art. 209-217 of the Civil Code of the Russian Federation in the Russian Federation establishes private ownership of land for citizens and legal entities, state (federal and constituent entities of the Russian Federation), municipal and other forms of ownership. Citizens can have land plots on the basis of not only individual, but also common shared (with a certain share of each owner) and common joint (without determining the shares of each) property. The right of ownership of land is realized through the forms and types of ownership of land plots that make up the land fund of Russia. In accordance with civil law, the rights of all owners are protected equally (clause 4 of article 212 of the Civil Code of the Russian Federation).

Forms land ownership:

private property: the right of private ownership of citizens and legal entities to land plots arises in the following cases: during the privatization of state and municipal lands; inheritance; donation; purchase and sale; land exchanges or transactions; as a result of making a contribution to the authorized (share) capital of a legal entity;
state property: this is the property right of the Russian Federation and its constituent entities to land. State property includes lands that are not privately owned by citizens and legal entities, as well as municipally owned (Article 214 of the Civil Code of the Russian Federation). On behalf of the Russian Federation and its subjects, the rights of the owner are exercised by government bodies within their competence (Part 1 of Article 125 of the Civil Code of the Russian Federation);
municipal property implemented by the authorities of local governments in the interests of the population of a particular municipal entity.

As for other forms of land ownership, which are mentioned in Art. 9 of the Constitution of the Russian Federation, the legislation does not currently provide for such.

Common property under civil law is ownership of the property of two or more persons and is therefore a type of private property. According to Art. 244 of the Civil Code of the Russian Federation, property can be in common ownership with the definition of the share of each owner in the right of ownership (shared ownership) or without defining such shares (joint ownership). Thus, joint ownership of property, including land, occurs between spouses; common shared ownership of the land plot belongs to the owners of the residential building located on this plot.

In accordance with Art. 213 of the Civil Code of the Russian Federation, citizens and legal entities can own any property, with the exception of certain types of property (which, in accordance with the law, cannot belong to them). RF Land Code in Art. 27 established a list of lands withdrawn from circulation, which cannot be in private ownership, and lands limited in circulation, which are not subject to transfer to private ownership, except in cases established by federal law. Some articles of the RF Land Code establish a ban on the privatization of certain types of land plots (such a ban means the inadmissibility of transferring them from state or municipal ownership to private property, but if the land plots are already in private ownership, for example, the right of ownership arose before the introduction of the corresponding norm, then they can stay in it) - these are, for example, public land plots on the lands of settlements (clause 12 of article 85 of the RF Land Code), land plots within the boundaries of state reserves and national parks (clause 6 of article 95 of the RF Land Code).

In addition, the Federal Law “On Agricultural Turnover” dated June 24, 2002 No. 101-FZ established a ban on the acquisition of ownership of land plots from agricultural lands by foreign citizens, stateless persons, as well as legal entities, in the authorized (share) capital of which the share of foreign citizens, foreign legal entities, and stateless persons is more than 50%. These persons may possess land plots from agricultural lands only on a lease basis. But since this Federal Law does not apply to land plots provided from agricultural lands to citizens for individual housing, garage construction, personal subsidiary and dacha farming, gardening, livestock farming and gardening, as well as to land plots occupied by buildings, structures, structures, Foreigners have the right to be the owners of such land plots.

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Registration of ownership rights to the mansion!

Based on what provisions or laws can the ownership of a plot of land under a private house be registered?

Denis 07/15/2019 18:52

To do this, you need to know on what right you currently own this land plot?

In accordance with Article 36 of the Land Code of the Russian Federation, citizens who own residential buildings or buildings located on a land plot have the exclusive right to register it as their own or privatize it. However, as practice shows, the situation with documents for a land plot can be different. Or the owner of the house does not have any documents at all, in which case the plot is in state or municipal ownership. . If the ownership of a residential building located on a given land plot arose before 1990, then such a plot should be provided free of charge, that is, you can privatize it. In other cases, we can only talk about the purchase of land, albeit at its estimated cadastral value. or this land plot was once allocated, for example, to the relatives of the current owner, but they never registered their ownership of it. Depending on this, the procedure for registering a land plot for a residential building will also be different.

The first thing you need to do is contact the land management department of your local administration and find out. Is this land plot registered in the cadastral register? In most cases, this is not the case, which means you will have to order a geodetic survey of the land plot, sign a boundary agreement with your neighbors and draw up a land survey. With this package of documents you will need to contact the regional cadastral chamber, register the plot and receive a cadastral passport for it. With this passport, you will need to return again to the Administration of your municipality, write an application for granting you ownership of the land plot under your residential building, attach to it a copy of the cadastral passport of the land plot and copies of the title documents for the house. Within a month, the Administration must issue a resolution to provide you with ownership of this land plot free of charge, if you have the right to do so, for a fee, or if this is not possible, then the land plot will be transferred to you on a lease basis. The final step in registering a plot for a residential building will be to register your ownership or lease rights at the regional office of Rosreestr. To do this, you will have to collect the following package of documents:

passport;
administration resolution to transfer the land plot to you;
a document confirming the transfer of money in payment for the land plot;
cadastral passport of the land plot;
receipt of payment of state duty;
an application in the prescribed form - written directly to Rosreestr.

How to register a land plot based on old documents

If you or your parents have already been allocated a plot of land, for example, on the right of permanent perpetual use or lifetime inheritable ownership, then you will not need a new administrative resolution. You will be able to register ownership of the land based on these documents. At the same time, such a plot may not be registered in the cadastral register, which means that you will have to carry out the land surveying procedure and act in exactly the same way as in the first case. If the site already has a cadastral passport, you will need to order an extract from it from the Cadastral Chamber. Then you go with these documents to the Rosreestr office and calmly register your ownership of the land plot. You need to act in exactly the same way in cases where you have in your hands an old-style certificate of ownership of land - pink or blue.

It is impossible to privatize a plot provided on a leasehold basis. In accordance with the Land Code of the Russian Federation, you can submit an application for redemption to a state or municipal authority. 2. Without holding a tender, the following is sold: 10) land plots to citizens for individual housing construction, personal subsidiary farming within the boundaries of a populated area, gardening, dacha farming, to citizens or peasant (farm) farms for the peasant (farm) farm to carry out its activities in accordance with with Article 39.18 of this Code.

15.07.2019 18:50

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I agree with my colleague.

Fedorova Lyubov Petrovna 16.07.2019 07:55

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land dispute

The settlement administration formed a land plot and sold it through auction, the owner began to build a residential building. After half a year, a citizen appears and declares that the land belongs to him by right of a state act and is registered with Rosreestr. I applied to the court to declare the actions of the cadastral engineer invalid, to exclude this land plot from the Unified State Register and remove it from the cadastral register.

Victor 06/04/2019 13:13

Good afternoon In this situation, you are a bona fide purchaser.

Plenum of the Supreme Arbitration Court of the Russian Federation in paragraph 24 of Resolution No. 8 of February 25, 1998“On some issues in the practice of resolving disputes related to the protection of property rights and other property rights” identifies three conditions under which the acquirer cannot be considered in good faith:

at the time of the completion of the compensated transaction, there were claims of third parties in relation to the disputed property;
the buyer knew about these claims;
these claims were subsequently recognized as legitimate in accordance with the established procedure.

In judicial practice there are situations that clearly demonstrate the application of these provisions. One example of such cases is given in draft information letter of the Supreme Arbitration Court of the Russian Federation dated October 23, 2008(hereinafter referred to as the draft information letter).

An individual entrepreneur filed a claim to recover the refrigeration chamber from the illegal possession of the company. In support of the stated requirements, the plaintiff explained that the refrigeration chamber, which belonged to him by right of ownership, was transferred by him to the organization under a lease agreement. After some time, the tenant sold the disputed equipment to the defendant. Since the organization did not have the right to alienate the said property, the company is the illegal owner. When defending his right, the defendant referred to his good faith and consideration of the transaction. The company paid for the purchased refrigeration chamber. The court of first instance agreed with the defendant and dismissed the claim.

However, the appeal court where the entrepreneur appealed indicated that the payment was made after the company received a copy of the statement of claim in the present case. That is, by the time of payment, the purchaser already knew that third parties were claiming the equipment. The court pointed out: when establishing the compensation of a transaction, it is necessary to pay attention not only to the fact of concluding a compensation agreement, but also to the fact of its execution. Therefore, the appellate court overturned the decision and upheld the claim. The basis was that by the time of payment the defendant was no longer in good faith.

Provided evidence - own the property!

If a controversial situation arises, the burden of proof falls on each party to the dispute. The owner proves that the property left his possession or the possession of the person to whom it was transferred, against their will. The buyer must prove that he acquired the property for compensation and at the same time did not know and could not know that the thing was sold to him by someone who did not have the right to alienate it.

In practice, there are many examples that clearly demonstrate these provisions (definition of the Supreme Arbitration Court of the Russian Federation dated 04/03/2008 N 4189/08; determination of the Supreme Arbitration Court of the Russian Federation dated 07/03/2008 N 7757/08; determination of the Supreme Arbitration Court of the Russian Federation dated 03/06/2008 N 2322/08; resolution of the Presidium of the Supreme Arbitration Court RF dated June 24, 2008 N 3605/08, etc.).

Let's look at some of them.
The company filed a claim to reclaim non-residential buildings from the illegal possession of the Gidrostroy company and to invalidate the purchase and sale agreement for the said buildings concluded between the City Invest Stroy company (seller) and the Gidrostroy company (buyer). The company argued that the purchase and sale agreement for the disputed property concluded between it and City Invest Stroy was declared invalid by a court ruling in another case. The defendant, in his defense, referred to the fact that he was a bona fide purchaser of this property, since he paid for it and the title to it was registered.

Article 302 of the Civil Code of the Russian Federation. Reclaiming property from a bona fide purchaser
1. If property was acquired for compensation from a person who did not have the right to alienate it, about which the acquirer did not know and could not know (a bona fide acquirer), then the owner has the right to claim this property from the acquirer in the event that the property is lost by the owner or the person to whom the property was transferred into possession by the owner, or stolen from one or the other, or left their possession in some other way against their will.
2. If property was acquired free of charge from a person who did not have the right to alienate it, the owner has the right to reclaim the property in all cases.
3. Money, as well as bearer securities, cannot be demanded from a bona fide purchaser.

The courts of the first, appellate and cassation instances sided with the bona fide purchaser (the Gidrostroy company). The courts came to the conclusion that the property was transferred for sale at the will of the person who owns it with the right of economic management. The company "Gidrostroy" is a bona fide purchaser of the disputed property, since it did not know and could not know that the transaction concluded by "City Invest Stroy" with the plaintiff would subsequently be declared invalid ( determination of the Supreme Arbitration Court of the Russian Federation dated April 17, 2008 N 4409/08).

OJSC "Machine-Building Plant "Mayak" (hereinafter referred to as the plant) filed a lawsuit against LLC "TNP-16" to reclaim the building from someone else's illegal possession. JSC "Mayak" was involved in the case as a third party not making independent claims TNP" (hereinafter referred to as the company), which transferred the building to TNP-16 LLC. The plant argued its demands by saying that the contract for the sale and purchase of the building concluded between it and Mayak TNP CJSC was declared invalid as concluded on behalf of the seller by a person not having the authority to do so.

The defendant, as proof of his good faith, stated that the disputed building was contributed by the company to its authorized capital. The transfer of ownership is registered in accordance with the established procedure before the purchase and sale agreement between the plant and the company is declared invalid. The plant's claim was denied. The court recognized the defendant as a bona fide purchaser, since he did not know and could not know about the invalidation of the purchase and sale agreement. The applicant’s argument that the property left his possession against his will was not proven by him ( determination of the Supreme Arbitration Court of the Russian Federation dated April 16, 2008 N 5364/08).

But the court does not always come to the defense of a bona fide purchaser.
The arbitrators will take the side of the legal owner if the latter manages to prove that the valuables actually left his possession against his will. The following case is proof. CJSC NPO Stromecology (hereinafter referred to as the association) argued with LLC Intra-Juice (hereinafter referred to as the company) also about the recovery of real estate from its illegal possession.

The association referred to the fact that the disputed property was taken out of possession against its will, since the general meeting of shareholders did not make a decision on the sale of these objects.

The defendant insists on his good faith.
When considering the case, the court found that a purchase and sale agreement for unfinished construction projects was concluded between the association (seller) and Classic-Mig LLC (buyer). By a decision of the arbitration court, this agreement was declared invalid as a major transaction for the alienation of property, completed in violation of the Federal Law “On Joint-Stock Companies.” It was revealed that the general meeting of shareholders did not actually make a decision on the sale of the disputed property. Despite this, Classic-Mig LLC sold the disputed objects to Intra-Juice LLC. As a result, the purchase and sale transaction between Classic-Mig LLC and the defendant was declared void by the court, since when it was concluded, Classic-Mig LLC was not the owner of the disputed property and did not have the authority to dispose of it. The plaintiff's ownership of the property before the sale and purchase agreement was concluded by the parties is not disputed and is confirmed by documents.

Since the property left the owner’s possession against his will, it can be claimed by him from a bona fide purchaser, the judges stated. Based on this, the defendant’s ownership of the disputed property is terminated, the object is subject to return to the association with the restoration of his ownership rights ( Resolution of the Federal Antimonopoly Service of North Caucasus of 01.08.2008 N F08-4001/2008).

Not in all cases the acquirer is recognized as bona fide.
Thus, CJSC "Neva-Trade" (hereinafter referred to as the company) filed a lawsuit against LLC "West" and LLC "Galion", the Office of the Federal Registration Service for St. Petersburg and the Leningrad Region for recognition of ownership of the building, as well as reclaiming from the illegal possession of Galion LLC of the specified property. The plaintiff substantiated his claim by the fact that the purchase and sale agreement between him and West LLC was declared invalid.

The court satisfied the stated requirements.
Galion LLC insisted on the good faith of the acquisition of the disputed building from West LLC. However, the court in these proceedings came to the conclusion that the disputed property left the plaintiff’s possession against his will. In addition, the court found that these sales transactions were completed with insignificant time intervals, the interests of all three participants in the transactions (Neva-Trade CJSC, West LLC and Galion LLC) were represented by the same person at the registration authority person - shareholder of the company.

Under such circumstances, the court recognized that Galion LLC cannot be recognized as a bona fide purchaser of the object, and, guided by Art. 301, 302 of the Civil Code of the Russian Federation, satisfied the vindication claim of the company ( determination of the Supreme Arbitration Court of the Russian Federation dated 11.02.2008 N 1246/08).

How to make sure that this is the rightful owner?

To protect yourself from possible claims to the purchased property from third parties, it is important to make sure that the seller actually owns it legally. To do this, the buyer needs to undertake additional verification of the legal fate of the property.

The easiest way to do this is when it comes to real estate. Its turnover is reflected in the register. Therefore, anyone who intends to purchase property that is subject to state registration can obtain the necessary information from the Unified State Register at the justice institution for state registration of rights to real estate and transactions with it. You can find out the nature of the seller’s right and the basis for its acquisition, determine the previous owners, find out whether there is a dispute about the right to the property, whether it is encumbered by the rights of other persons. For example, a company filed a claim against an organization to recover non-residential premises from its illegal possession. An individual entrepreneur was brought in as a third party without independent requirements.

The plaintiff indicated that the defendant bought the premises from an entrepreneur. At the time of the acquisition of real estate by the defendant, the transaction on the basis of which the entrepreneur’s ownership was registered was disputed in court. Based on the results of the consideration of the case, it was declared invalid by the court, and the consequences of its invalidity were applied. Consequently, the entrepreneur is not the owner of the property and did not have the right to alienate it, and therefore the defendant is the illegal owner.

The defendant objected to the satisfaction of the stated demands, citing his good faith. In order to protect himself, he contacted the Unified State Register of Real Estate to find out who is the owner of the property being purchased. He was presented with information according to which the entrepreneur was considered the owner of the premises. The court of first instance supported the company (the plaintiff). But the appellate court considered that the decision should be cancelled, and satisfaction of the society’s demands should be refused for the following reasons.

The defendant purchased the premises from an entrepreneur whose ownership rights were registered in accordance with the procedure established by law. The plaintiff did not prove that the defendant knew that the latter did not have the right to alienate the disputed property.

True, the case materials indicate that the court had previously imposed a ban on registration actions with the disputed object. But this fact does not indicate that the organization should have known about it. In addition, it was proven: in response to the defendant’s request, the registration authority informed him that there was no information about the existence of a legal dispute regarding the premises.

The court also noted that the reference to the illegality of the actions of the registering authority, which carried out registration despite the presence of an injunction, is not relevant for resolving the present dispute. In this case, the plaintiff has the right to protect his rights by submitting demands to the registration authority for compensation for losses caused to him by such actions (draft information letter).

Don't forget about deadlines!

In accordance with the law, the general rule on limitation periods applies to vindication claims (since no special deadlines have been established). Let us remind you: Art. 196 of the Civil Code of the Russian Federation stipulates that the general limitation period is 3 years. As a general rule, the limitation period begins to run from the day “when the person learned or should have learned about the violation of his right” (Article 200 of the Civil Code of the Russian Federation).

The Supreme Arbitration Court of the Russian Federation (draft information letter) indicated that in relation to vindication claims, this period begins from the day the item was discovered in someone else’s illegal possession. In other words, not when the legal owner found out that the thing was missing, but when he discovered it in the possession of the illegal owner.

The senior judges considered the following case.
In 2004, the company filed a lawsuit to recover medical equipment from the illegal possession of the organization. The claim is motivated by the fact that the disputed equipment, owned by the plaintiff, was stolen from him in 1997. Therefore, in the opinion of the society, the defendant is the illegal owner and must return the equipment to the plaintiff.

The defendant claimed that he did not know about the theft of the equipment and purchased it from a specialized trading company. In addition, it was indicated that the statute of limitations had expired.

The plaintiff did not agree with the defendant’s arguments regarding the missed statute of limitations. In his opinion, the statute of limitations for the stated claim has not expired, since he learned about the location of the equipment from the defendant only in 2003. Until that moment, the applicant had no information about the location of the equipment, nor about the persons in whose possession it was, and therefore was deprived of the opportunity to go to court to protect the violated right.

The judges of the first and appellate instances rejected the claim due to the expiration of the statute of limitations. After all, as the plaintiff himself repeatedly explained, he learned about the theft of the disputed property in 1997. Consequently, by the time he went to court, the statute of limitations had expired.

However, the cassation court sent the case for a new trial. He pointed out that protecting the right of the legal owner is impossible until he knows the violator - the potential defendant.

Despite the fact that the owner lost his property in 1997, the statute of limitations on the demand for its return began to run from the moment the plaintiff learned that it was in the possession of the defendant. Since the plaintiff’s argument that he discovered the property only in 2003 has not received a proper assessment, the case was sent for a new consideration (draft information letter).

Recently, a dispute arose between the territorial administration of the Federal Agency for Federal Property Management in the Republic of Karelia (hereinafter referred to as the Administration) and Sberbank. The management tried to reclaim the building from the illegal possession of the bank. The plaintiff argued that the municipal administration should not have registered ownership of the disputed property. When considering the case in court, the defendant claimed that the statute of limitations had expired.

The court concluded that the plaintiff could have known about the violation of federal property rights in 1999 (at the time of registration of municipal property rights) or at least in 2001, when a lease agreement for part of the disputed premises was concluded between Sberbank and the tenant. Thus, the statute of limitations had expired by the time the claim was filed (August 2007) ( determination of the Supreme Arbitration Court of the Russian Federation dated July 17, 2008 N 8173/08).

Please note: even if the owner of the disputed property has changed, the limitation period for a vindication claim continues to run and does not start anew (clauses 14 and 15 of the draft information letter).

You have the right to make appropriate demands to the administration

Saibotalov Vadim Vladimirovich 19.06.2019 14:49

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Refusal of the city administration to obtain preliminary approval for the provision of a land plot

The city administration refused to provide ownership of the plot, citing paragraph 6 of Article 39.16 of the Land Code (the plot is withdrawn from circulation) because is located in the second belt of the sanitary protection zone of the reservoir. The house was purchased in 1953, but there is not a word in the contract about the land (everything was inherited by will). What options are there for obtaining ownership of the plot?

Alexey 05/29/2019 19:54

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Saibotalov Vadim Vladimirovich 30.05.2019 22:45

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I agree with my colleague.

Fedorova Lyubov Petrovna 31.05.2019 12:45

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Land surveying.

My neighbor and I rented two plots of land. The neighbor died, his brother cannot enter into the right of inheritance because the land surveying was carried out incorrectly. Who should carry out the re-survey and at whose expense

Victor 05/29/2019 14:32

Hello! If the organization that carried out the survey made a mistake, you need to file a claim with that organization. If the organization refuses to correct the error, you need to go to court. You can contact our company for more detailed advice by calling the phone number listed on the website. 50% discount using the promotional code for the Free Legal Consultation Service.

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Angelica 05/23/2019 00:50

Good afternoon The neighbor's actions are illegal.

Step 1. Determine whether the invader really owns the road.

In order to determine the boundaries of the invader’s land plot, it is necessary:

1) obtain an extract from the Unified State Register to verify the presence/absence of rights to the disputed territory by the invader (by contacting Rosreestr) - if information about the land plot, part of which is seized, is included in the Unified State Register and State Tax Committee;

2) obtain a master development plan from the local administration in order to establish in what boundaries the road was proposed, and in what boundaries the neighbor’s expanded plot was intended.

The seizure of part of the adjacent land can occur in two forms:

“actual” land seizure - the owner expanded his territory by installing a fence outside his land plot;
“legal” - obtaining the right to a seized plot, for example, by purchasing it from the HOA (in this case, it is possible to defend your right only in court).

___________________

Step 2. Contact the owner of the road.

Having secured documents confirming the unauthorized seizure of the territory, it is worth contacting the owner of the road: it can be municipal, or in the common shared ownership of the HOA, or in the ownership of the HOA. If the road is owned by a HOA, or in common shared ownership, you must contact the chairman of the HOA board, if the road is a municipal one, contact the administration of the relevant municipality. The owner of the road may issue a demand to the land occupier to eliminate the violation.

___________________

Step 3. We apply for protection to the administrative authority.

In case of actual seizure of part of the land plot, an administrative violation is obvious (Article 7.1 of the Code of Administrative Offenses of the Russian Federation).

If the invader of the territory remains confident in the legitimacy of his actions, or completely refuses to return the conquered part of the land, the next step is to contact the territorial department of Rosreestr. This body is authorized to bring invaders of other people's lands to administrative responsibility, to issue a demand for the release of an unauthorized land plot/part of a land plot on the basis of Art. 76 of the Land Code of the Russian Federation.

___________________

Step 4. Defend common lands in court.

If the road is part of public land or HOA land, it is necessary to apply to the court with a demand for an obligation to dismantle the fence and restore the actual boundaries of the land plot.

In this case, it is necessary to prove that:

a) the actual boundaries of the invader’s site do not agree with the data reflected in the documentation. As a rule, this fact is established by conducting a land management examination;

b) the invader occupied precisely part of the public lands. This fact can also be established during a land management examination, or established by a court based on data from cadastral passports of disputed land plots and general plans.

You can go to court with a similar claim on behalf of a member of the HOA or the owner of one of the buildings (Appeal ruling of the Moscow Regional Court dated October 20, 2014 in case No. 33-23308/2014, Appeal ruling of the Moscow Regional Court dated July 30, 2014 in case No. 33- 14255/2014), and on behalf of the entire HOA (Appeal ruling of the Moscow Regional Court dated 04/04/2016 in case No. 33-6839/2016).

If part of the road belongs to the invader not only in fact, but also in accordance with the documentation, the issue can only be resolved in court by filing one of the following claims, depending on the specifics of the case:

1) on establishing the boundaries of a land plot. In this case, as a rule, a judicial land management examination is appointed, and the expert is asked to decide on options for establishing the coordinates of the disputed border (Appeal ruling of the Moscow Regional Court dated 08.08.2016 in case No. 33-21439/2016), or on establishing the actual boundaries of the land plot , establishing the boundaries in which the plot was originally provided, establishing the correspondence of the actual boundaries of the land plot to the data included in the cadastre (Definition of the Supreme Court of the Russian Federation dated October 11, 2016 N 50-KG16-16).

2) invalidation of the survey results. This method of protection is applicable in cases where, during the process of surveying the land plot on which the occupied territory is located, significant violations were committed (for example, the boundaries were not agreed upon).

3) recognition of the transaction as invalid, for example, in the event that the invader buys out part of the road from the HOA. According to the Resolution of the Constitutional Court of the Russian Federation dated November 10, 2016 in the case of verifying the constitutionality of the provisions of the second paragraph of paragraph 1 of Art. 2 of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It”, common property (including roads) may be owned by the HOA, but its disposal can only occur in the interests of the owners of individual residential buildings. Thus, a purchase and sale agreement concluded between the HOA and the person applying to purchase part of the road may be declared invalid if the transaction is not made in the interests of the owners of individual residential buildings.

After his death, my father left property - a dacha and a garage, but I did not take ownership (8 years have passed, can I restore my right through the court, if not, then who has the right to this property (I have two sons)? Hello! According to Art. 1155 of the Civil Code of the Russian Federation At the request of an heir who missed the deadline established for accepting an inheritance(Article 1154), the court may restore this deadline and recognize the heir as accepting the inheritance if the heir did not know and should not have known about the opening of the inheritance or missed this deadline for other valid reasons and provided that the heir who missed the deadline established for accepting the inheritance went to court within six months after the reasons for missing this deadline have disappeared. Your children are not heirs.

Pikalov Vladislav Sergeevich 09.04.2019 14:03

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The Civil Code of the Russian Federation operates precisely with the concept of “land plot,” while the Land Code of the Russian Federation in Art. 6 calls the objects of land relations both land as a natural object, and a natural resource, and land plots. O.I. Krassov believes that in this case we are talking about general and direct objects of land relations. “The general object of land relations,” he writes, “is the land as a certain part of the earth’s surface, considered as a natural object and natural resource. This is a certain territory, which is the spatial sphere of activity of the person using it.
Buildings, structures and structures can be erected on it. Land can also be used as a means of production for crop production and fruit growing. The direct object of land relations is a land plot or part of it. In order for a land plot to be recognized as an object of land relations, it must be individualized, that is, its size, boundaries and location must be determined.”

It is obvious that land and land plot are presented as specific and generic concepts, as general and particular. The particular has the same signs and characteristics as the general. It is also obvious that the legislator in the Land Code of the Russian Federation considers land within the framework of land relations as a natural resource and nothing more. This is confirmed by the definition recorded in Part 2 of Art. 6 of the Land Code of the Russian Federation: “Land as an object of land
bearings - a part of the earth’s surface (including the soil layer), the boundaries of which are described and certified in the prescribed manner.” In any case, we mean land as an object of public legal relations (management, use, protection of land as state property).
A different view of land appears in civil law. Here, land is included in property circulation, since it is recognized as the only real estate in its essence, which does not require any additional characteristics. All other things can be considered real estate depending on whether they are connected with land or not.
As real estate, land is a commodity in relation to which civil (real) legal relations arise, therefore in this case the land must have clear, defined boundaries. It was noted earlier that land cannot be purchased at all. This is as impossible as acquiring air. But you can buy a plot of land that has specific coordinates and characteristics. Also, the land plot must have certain quality indicators (convenient location, cultivation, accessibility, productivity, etc.).
All these issues are resolved within the framework of civil legal relations by concluding a mutually beneficial agreement on the will of the participants. What is the role of land legislation here?
As E.N. correctly notes. Komkov, the specificity of land as an object of law involves a combination of private law and public methods of regulating its status. But opinions on the issue of combining these principles differ. That is why a discussion about the relationship between land and civil legislation on the problem of regulating the legal regime of land plots is completely justified.

There are diametrically opposed positions. So, V.A. Dozortsev believes that “land relations have broken up into those regulated by civil and administrative law,”
and, therefore, there is no reason to talk about the independence of such a branch as land law, which means that the question of the relationship between the norms of this branch and the norms of civil law disappears by itself1.
This conclusion is confirmed by statements in land legal science. As N.A. writes Syroedov in the monograph “The General Theory of Soviet Land Law”, “the nationalization of all land in the country determined the exclusive nature of state ownership of land and the entire aggregate, led to the separation of land ownership and the entire aggregate of social relations associated with it into their special type - land relations requiring special regulation. This caused the isolation in the system of Soviet law of the set of norms regulating land relations, that is, land law”2. As N.A. correctly emphasizes. Syroedov, it should be concluded that “to distinguish land law as an independent branch of law, it is not the specific area of social relations as a subject of legal regulation, but the form of ownership that is of fundamental importance. If we follow this logic, then with the destruction of state ownership of land and the inclusion of land in civil circulation, the constructive elements that underlie the existence of land law disappear”3.
G.V. Chubukov, on the contrary, believes that the inclusion of norms regulating land legal relations in the Civil Code of the Russian Federation means a fierce attack on the existing system of Russian law. He believes that the inclusion of a chapter on land ownership in the Civil Code of the Russian Federation does not mean that these rules become norms of civil law, not land law, since we are not talking about regulating the property of citizens, but about land

Dozortsev V.A. Problems of improving civil law of the Russian Federation during the transition to a market economy // State and Law. 1994. No. 4. P. 26.
Syroedov N.A. On the relationship between land and civil legislation // State and law. 2001. No. 4. P. 28.

3Ibid.

real estate as a subject of legal regulation. As one of the arguments for his point of view, G.V. Chubukov points out that citizens of Russia, by “natural” law, should be recognized as the owners of the land given to all Russians together by nature itself, and not by the state. Civil legislation allegedly is not endowed with the appropriate legal regulators to ensure the land rights of Russians who are not the owners of individual land plots.
Such statements are somewhat puzzling. One gets the impression that thanks to the norms of land law, a certain “abstract” right of citizens to land as a natural object is protected. However, Ch. 3 of the Land Code of the Russian Federation (“Land Ownership”) names very specific land owners (the Russian Federation, constituent entities of the Federation, municipalities, citizens, legal entities). Indeed, this is true, since there cannot be anyone's land. In addition, it is unlikely that land law, which regulates relations mainly by the imperative method, by establishing authoritative regulations, restrictions and prohibitions, can fully ensure the equality of subjects. On the contrary, civil law uses a dispositive method, one of the manifestations of which is to ensure legal equality of subjects. Article 262 of the Civil Code of the Russian Federation provides for the right of citizens to freely, without any permission, be on land plots that are state or municipal property, and to use the natural objects available on these plots. This right is not only proclaimed, but also ensured by civil law measures of protection. The concept of land law is noteworthy in this regard.
So, B.V. Erofeev defines land law as an independent branch of law aimed at regulating land relations and having as its task the consolidation, improvement and creation of an effective land system in Russia, based on state, municipal, private
ownership of land by citizens and legal entities, ensures rational use and protection of land, etc. As we see, we are not talking about any equality of rights, much less protection of the rights of citizens to use land.
The position of I.F. seems more loyal. Pankratov, who (with reference to Article 3 of the Civil Code of the Russian Federation) believes that “in the Land Code of the Russian Federation and other acts of land legislation, the norms of the Civil Code of the Russian Federation, firstly, can be reproduced (in whole or in part), without conflicting with the norms of the Civil Code of the Russian Federation ; secondly, they can and should be developed and specified taking into account the peculiarities of regulation of land relations, again, without conflicting with the Civil Code of the Russian Federation, first of all, with the rules on property rights and other rights, on transactions with land, etc. ; thirdly, they can and should contain their own land legal norms that are not included in the Civil Code of the Russian Federation.”
F.H. Adikhanov, criticizing the position of I.F. Pankratova, points out that in this case the Civil Code of the Russian Federation in relation to the Land Code and other land legislation is, as it were, a suzerain, which can allow the Land Code to include its norms in it (the norms of the Civil Code of the Russian Federation - Author), or may allow it to have purely “their” norms.
Yu.G. takes a unique position. Zharikov, who believes that the norms of land law have priority over the norms of civil law. “The relationship between the norms of civil and land law,” writes Yu.G. Zharikov, “manifests itself as a relationship between the general and the particular, where the general rule is civil law, and the special rule is land law.”

Accordingly, if there is a special rule, then the general rule should not apply. And further, in his other work, Yu.G. Zharikov explains that the application of the norms of civil legislation in the field of land relations is not only desirable, but also necessary if there is a gap in land law, and certain land relations, due to their property content and homogeneity with civil relations can be regulated precisely by the norms of civil law.
It is noteworthy that Yu.G. Zharikov, despite recognizing the property nature of a number of relations regarding land, still insists that these are land relations and they should be regulated by land law; civil law is intended only to eliminate gaps in the legislation. Apparently, this is dictated by the desire to defend the independence of land law, because if there are no land relations with certain specifics, then what independent branch of law can we talk about in this case?
E.Yu. adheres to a similar position. It snorted.
It seems that using extreme, sometimes quite contradictory positions, it is quite difficult to find a solution to the issue. In our opinion, we should not talk about the priority of certain legal norms. There is hardly any prospect here. It is necessary to differentiate the scope of civil and land law.
Part 3 Art. 3 of the Land Code of the Russian Federation provides that property relations regarding the ownership, use and disposal of land plots, as well as transactions with them, are regulated by civil legislation, unless otherwise provided by land, forestry, and water legislation. It would seem that the issue has been resolved. However, once again it seems that civil law serves as an auxiliary
function and only fills gaps in land legislation. In this regard, V.V. is absolutely right. Vitryansky writes: “The Land Code not only unreasonably expanded the scope of its action to include property relations that are the subject of civil law regulation, but also proposes to do the same to other branches of legislation.” Moreover, V.V. further points out. Vitryansky, the Land Code includes many civil law norms that simply duplicate the norms of the Civil Code of the Russian Federation. For example, Part 1 of Art. 35 of the Land Code of the Russian Federation establishes that when the ownership of a building or structure located on someone else’s land plot is transferred to another person, he acquires the right to use the corresponding part of the land plot occupied by the building or structure necessary for their use on the same conditions and in the same amount as the previous owner. Similar provisions are contained in Art. 273 Civil Code of the Russian Federation. In some cases, the Land Code directly contradicts the Civil Code of the Russian Federation, which is completely unacceptable, since the Land Code of the Russian Federation invades the sphere of public relations that is “alien” to it (for example, clause 4 of Article 35 of the Land Code of the Russian Federation).

According to Art. 36 of the Constitution of the Russian Federation, citizens are guaranteed the right to have privately owned land, to freely own, use and dispose of it without causing damage to the environment and the rights of third parties. Consequently, part of the land is involved in trade turnover, which, in fact, should be the starting point when solving the problem of legal regulation. Land, from this point of view, is a thing that generates income, and therefore it is an object of civil law. The property relations arising in this regard become the subject of civil law, not land law, which does not have a legal mechanism for regulating such relations. As E.A. correctly notes. Sukhanov, civil (private) law, as specially adapted for the regulation of property turnover, undoubtedly should include in its subject matter the regulation of all goods
but-monetary relations, regardless of the object composition. From this point of view, land plots become a normal type of real estate, and their turnover becomes a natural component of the subject of civil law regulation.
In addition, since we are talking about land ownership, it should be recognized that this is an institution of civil law. The fact that the object of this right is land does not change the sectoral affiliation of the right. There can be no right of ownership in terms of land or civil law. The right of ownership is uniform.
However, land is a special kind of thing, since it is the object of various legal relations. And, accordingly, it cannot be denied that the branches of law that consider it as an object must necessarily come into contact and interact. In this case, land law regulates relations regarding land precisely as natural wealth, in particular, it establishes the rules for rational land use, targeted use, maintaining the necessary environmental conditions, determines which lands and to what extent can be objects of private property, etc. that is, everything that follows from the publicity of the land as a public domain. In addition, land law regulates the legal regime of lands in state and municipal ownership, paying special attention to agricultural lands. Therefore, those representatives of agrarian legal science who believe that land law can solve not only the issues mentioned above, but also those that fall within the scope of civil law are wrong. So, E.Yu. Chmykhalo claims that “when making any transaction with a land plot and changing its intended purpose, a special procedure for disposing of it is provided. Before completing a transaction, you must obtain permission from government authorities. Thus, land legislation establishes not only restrictions on the disposal of land plots, ensuring
their rational use and protection, but also a special procedure for making transactions in individual cases.”
It is quite obvious that here we are talking about administrative rules that precede a transaction with a land plot, namely the establishment of restrictions related to rational land use and the protection of land as a public domain. The transaction itself, the conditions and procedure for its completion cannot be regulated by land law for the simple reason that this branch of law does not have the necessary legal norms for this and does not have the appropriate legal mechanisms, which is exactly what civil law has. “...Land legal regulation,” writes E.A. Sukhanov, “by its very essence, it is in no way adapted (and should not be adapted) for regulating market turnover (commodity-money relations).” Yu.H. Kalmykov, as if developing this idea, wrote that the question of the limits of inclusion of land in economic turnover should be decided by the Land Code, and the rules by which this turnover will be carried out (purchase and sale, rent, barter, etc.) are already the scope of civil law regulation.
F.H. Adikhanov points out that if we can talk about the general nature of the norms of civil law in the regulation of land relations, then only in the sense that they regulate these relations along with all other relations as relations arising regarding objects of civil law, regardless of what This or that object has specific properties. When it comes to regulating land relations, in which the land manifests itself as a natural object, the norms of civil law seem to suspend the regulation of such relations and pass the baton to the norms of land law.

Thus, the relationship between civil and land law on the issue of regulating relations related to land is presented as follows. Land as a natural object, its protection and rational use, land management, the legal regime of agricultural lands, as well as lands in state and municipal ownership, are the subject of regulation of land law. All property relations regarding land as an object of property rights (primarily private property rights), as well as transactions with land, are regulated by civil law.
Accordingly, the Civil Code should more clearly define its position in regulating this type of relationship. In paragraph 3 of Art. 2 of the Civil Code of the Russian Federation stipulates that civil legislation does not apply to property relations based on administrative or other power subordination, including administrative relations (here we also mean land relations. - Author). It seems that the regulation of land relations should be especially noted and Art. 2 of the Civil Code of the Russian Federation, part 4, which states that “property relations regarding the ownership, use and disposal of land plots are regulated by civil legislation, taking into account the rules of careful and rational use of land as a public domain.” An indication of the careful and rational use of land emphasizes the peculiarity of land as a public natural wealth, which should be taken into account when making transactions.
Also, taking into account the above, it is necessary to clarify Part 3 of Art. 3 of the Land Code of the Russian Federation, stating it as follows: “Property relations regarding the ownership, use and disposal of land plots, as well as transactions with them, are regulated by civil legislation.”

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Ownership of land. Civil Code of the Russian Federation 2018 Civil Code of the Russian Federation ownership of land

Section II. OWNERSHIP AND OTHER PROPERTY RIGHTS

BASIC POINTS

INDIVIDUALS AND LEGAL ENTITIES

OBJECTS OF CIVIL RIGHTS

DEALS. DECISIONS OF MEETINGS. REPRESENTATION

DEADLINES. LIMITATION OF ACTIONS

OWNERSHIP AND OTHER PROPERTY RIGHTS

GENERAL PROVISIONS OF OBLIGATIONS

Article 260. General provisions on land ownership

Article 261. Land plot as an object of ownership rights

Article 262. Land plots for public use. Access to the land plot

Article 263. Development of a land plot

Article 264. Rights to land of persons who are not owners of land plots

Article 265. Grounds for acquiring the right of lifelong inheritable ownership of a land plot

Article 266. Possession and use of a land plot on the right of lifelong inheritable possession

Article 267. Disposal of a land plot located in lifelong inheritable possession

Article 268. Grounds for acquiring the right to permanent (indefinite) use of a land plot

Article 269. Possession and use of land on the right of permanent (indefinite) use

Article 270. Disposal of a land plot in permanent use

Article 271. Right to use a land plot by the owner of real estate

Article 272. Consequences of the loss by the owner of real estate of the right to use the land plot

Article 273. Transfer of the right to a land plot upon alienation of buildings or structures located on it

Article 274. The right to limited use of someone else’s land plot (easement)

Article 275. Preservation of easement upon transfer of rights to a land plot

Article 276. Termination of easement

Article 277. Encumbrance of buildings and structures with servitude

Article 278. Levy of execution on a land plot

Article 279. Purchase of land for state and municipal needs

Article 280. Rights of the owner of a land plot subject to seizure for state or municipal needs

Article 281. Redemption price of a land plot withdrawn for state or municipal needs

Article 282. Redemption of a land plot for state or municipal needs by court decision

Article 283. Termination of rights to own and use a land plot when it is withdrawn for state or municipal needs

Article 284. Confiscation of a land plot that is not used in accordance with its intended purpose

Article 285. Confiscation of a land plot used in violation of the law

Article 286. Procedure for seizure of a land plot due to its improper use

Article 287. Termination of rights to a land plot belonging to persons who are not its owners

Grounds for the emergence of land ownership

Objects and subjects of land ownership

Types and forms of land ownership

Question answer

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Registration of ownership rights to the mansion!

land dispute

Provided evidence - own the property!

How to make sure that this is the rightful owner?

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Refusal of the city administration to obtain preliminary approval for the provision of a land plot

Land surveying.