Lifetime inherited possession of the land: documents, special design. The right to lifetime inheritable possession of land

Lifetime inherited possession of a land plot is one of the forms of owning a land plot, which de facto continues to exist in modern legislation. The law implies a certain amount of rights and obligations of the owner and the state acting as the owner.

Legislation

Lifetime inherited possession of land in the legislation appeared long ago. The legal design existed even in Soviet times, then moved to the 1991 Land Code. The Civil Code only mentions this form of ownership, however, as to the grounds for the emergence of this right, its limits and all other issues that arise, one should turn to the Land Code. However, since 2015, due to changes in the LC, there was one nuance.

Whence this form of ownership arose

Lifetime inherited possession of the land plot arose in the Soviet years and worked in this way: citizens received from the state for use the land. On it, they had the right to build their own homes, to farm.

No special document was issued, except for the deed of land. The decision was made by the local village council. It is interesting that citizens, engaged in the privatization of land, often can not find acts on the challenge, which are the main documents granting rights to the plots.

Citizens had only the right to use, the state continued to remain the owner.

Laws did not give and do not give an opportunity on the terms of use to carry out transactions with the sites: they can not be sold, exchanged or donated. The only thing that was allowed was to pass by inheritance.

Current situation

Current legislation contains the rule on lifelong inheritable possession of a land plot, but it applies to citizens whose rights have arisen on plots of land even before the entry into force of the ZK 2001

This approach is understandable, because Privatization is voluntary, and it is unconstitutional to force someone to realize their civil rights. Therefore, such a rule continues its operation.

People can be forced to give up privatization a banal duty to pay taxes, which are quite high today. If it is a question of using in different forms, the duty to pay tax does not arise.

Documenting

It should be noted that the ZK has made changes and now the life inherited possession of land plots is not formalized. If for some reason the citizen has not managed to register it, he still has to agree to lease the site or to privatize it on a free basis. By the way, here the authorities have the right to oblige through the court to conclude a lease.

The same citizens who managed to register possession, have on their hands a certificate that confirms their right. According to the current legislation, documents that were previously issued, continue to be valid either within the period for which they are issued, or indefinitely, unless the law specifies otherwise.

It should be noted that the law did not take away the right to transfer such a plot by inheritance. Although the rule has been abolished, the rights of citizens continue to apply.

Features of such ownership

The legal design of lifelong inheritable possession of land plots has some peculiarities:

• The land remains in the ownership of the state or municipality.
• The right to this form of ownership was granted exclusively to individuals. Only citizens can be subjects of the right to lifetime inheritable possession of a land plot.
• The owner of a site has the right to erect capital structures, to make out them in the property.
• A full-fledged supporting document is a certificate issued by Rosreestr.

Such a possession is similar in its essence to the free use of the land, but the use lasts for a limited period. Restrictions are established either directly by law, or linked by circumstances. For example, the time of using the house located on such a site.

Transfer of rights to the site

The law prohibits the making of transactions that are aimed at changing the owner. However, there is one loophole in the current legislation. According to Art. 53 ZK transfer of rights to real estate, leads automatically to the transfer of land rights under these buildings. In this case, the principle of unity of fate of the land plot and buildings located on it operates.

To this end, the site must have a house or other capital structure, the rights to which are registered. The peculiarity of capital structures is their close connection with the land plot. It is impossible to change their location in any way without damage or substantial damage.

Thus, the right of lifelong inheritable possession of a land plot is not so limited in the part of transferring a plot for money, as it seems at first sight.

The law does not require the consent of the state body representing the owner.

If, in any normative documents of the local government, a similar obligation is imposed on the landowner, this is contrary to federal legislation. The way out can be the application to the court with a request for the cancellation of such an act. Another way is to file a lawsuit against Rosreestr. He has the right to demand documents, indicated only in the law.

When the right of lifelong inheritable possession of a plot of land terminates

The law provides for cases when this right terminates:

• Transfer of the property to the owner;
• The owner decided to give up his rights;
• Seizure of land for public projects;
• Non-purpose use of the site;
• Violation of environmental legislation.

Withdrawal for public needs

Withdrawal of a site for public needs is permitted under approved projects with compensation to land owners.

The warning is sent to users of the land for 12 months with the proposed conditions. Compensation is calculated according to the methodology approved by the Government of the Russian Federation.

If, in the owner's opinion, it is insufficient, it is entitled to apply to the court. Authorities often lose due to non-compliance with deadlines or low buy-back prices.

The right to lifelong inheritable possession of a land plot can be converted into a decent amount of money if you choose a competent lawyer in case of withdrawal of a plot.

What is meant by violation of environmental legislation?

Non-compliance with the requirements are:

• Irrational use or misuse (abandonment of construction if the plot is transferred for construction);
• Violation of environmental standards;
• Soil deterioration;
• Ignoring the obligations for reclamation, as a result of which the site can not be used for its intended purpose.

The owner is given 3 years. During this time, he must begin construction or other activities envisaged for the intended purpose. At the end of this period, the land control authorities issue a decision, and the documents are sent to the court for seizure.

The seizure of a land plot for violations provided for by law is allowed exclusively in the courts. The land control body is obliged to collect a package of documents confirming that previously issued a warning about the inadmissibility of violations of land legislation. And the owner did not fulfill the requirements set out in the warning in time.

Termination of the right to lifelong inheritable possession of a land plot is permitted either by the will of the owner or by a court decision. Administration has no right to take away plots without court.

Obtaining ownership rights

How does the transfer of a permanently inherited possession of a land plot into ownership take place?

The algorithm is standard. The peculiarity is that the owner is not limited by the time frame. For example, the right to transfer the leased land to the property or to that which is in free use, operates within the term of the lease or use. Once these rights cease, the right to privatization also disappears.

You can transfer to the property at any convenient moment. Moreover, despite the free privatization, it requires considerable funds to pay for land management and registration of rights.

Package of documents for registration in the property

• Application for transfer to ownership.
• Copy of the passport.
• Ordinance on the transfer of land in possession or a certificate issued by Rosreestr.
• Cadastral passport of the site.
• Land survey plan.

The procedure for registration of rights by the heir has its own peculiarities:

• Inheritance is accepted in the general order;
• The documents for possession are issued;
• The privatization procedure is conducted.

How is inheritance organized? Lifetime inheritable possession of land is not something exceptional.

The new owner does not need to issue a permit to receive such property by inheritance. If the acquirer of the rights to the site is a foreigner, there are no problems. They are only not allowed to obtain land in ownership. About possession of restrictions is not provided.

The right not to issue, if the site was not allocated in kind, there are no borders. Land management documentation is formed either by the owner or by his successor.