Termination of rights to land in 2020, abandonment of ownership of a land plot, Alienation of a plot, restriction of rights, seizure of land

Voluntary alienation of land plots

When making transactions with land plots initiated by the owner himself, ownership of the land passes to other individuals or legal entities. It could be:

• contract for the sale and purchase of a plot of land (with or without buildings);
• land exchange agreement;
• deed of gift (donation agreement) for the entire land plot or its share;
• relinquishment of land ownership based on the owner’s application;
• contribution of land to the authorized capital of a cooperative or partnership;
• a lifelong or permanent annuity agreement with or without dependents;
• inheritance of land by law or by will.

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All situations of voluntary transfer of ownership based on transactions of exchange, purchase and sale or rent are regulated by the relevant articles of the Civil Code. At the same time, the restrictions that legislation imposes on the possibility of alienation of land must be observed. Thus, any manipulations with plots withdrawn from circulation are prohibited. This applies to nature reserves, parks, and lands on which military or civilian burial grounds are located.

If agricultural land is alienated, then city or municipal authorities must be notified of the upcoming transaction, since they retain the right of priority acquisition. Exceptions to this rule are country or garden plots, plots for individual housing construction or garage construction.

Land plots whose ownership rights are terminated by the free will of the owners must be registered in the cadastral register. When alienating not the entire plot, but its shares, all rights to the allocated parts of the land must be registered in the prescribed manner.

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Law on land privatization

There is no law on the privatization of land plots. The lack of a normal legislative framework for the privatization of land plots, varied in purpose, regime, legal documents, etc., causes a large number of disputes when making the necessary decisions by local governments, as well as enforcement difficulties when they are considered by the courts of Moscow and the region.

The difficulties when courts consider land cases of this category lie in the fact that it is necessary to refer to the legislation in force at the time of provision of these land plots.

In some cases, privatization is impossible, even if no one disputes that the citizen has the land under the right of lifelong inheritable possession or permanent (indefinite) use.

Privatization of land plots is not possible

Land plots are not provided for the ownership of citizens in the following cases:

• withdrawal of land from circulation;
• Federal law establishes a ban on land privatization;
• land plots are reserved for the needs of the state.

One-time privatization right

In accordance with the Land Code, citizens have the right to free privatization once in their lifetime. In practice, it is not entirely clear what a one-time free privatization means, for example, whether it is necessary to take into account privatization that may have been carried out under the old land legislation. Often, local authorities refused privatization to citizens on the basis that they had previously enjoyed this right. Despite the fact that the actions were carried out during the validity of the new land code, which also directly provides the opportunity for one-time free privatization.

Laws must be applied to controversial relations that arise after the adoption and enforcement of these laws. For controversial relations that arose after the introduction of a new law, the norms of previous legislation may apply, provided that this is expressly provided for by law. Neither the new land code, nor the law on its implementation, has provisions that give retroactive force to restrictions on privatization carried out earlier. Thus, the privatization of a land plot carried out before the adoption of the new land code does not matter and is not taken into account as a possible basis for the refusal of local governments to have the right to privatize.

All previously carried out privatizations are not taken into account and will not be taken into account when privatizing land plots by individuals now.

The emergence of property rights to land plots

The acquisition of ownership of plots is not the result of concluding a civil contract. The basis for the emergence of rights is a decision of government agencies or local administrations made within the framework of their powers. In other words, the way in which rights and obligations arise in relation to land plots is the administrative-legal method.

Shared ownership of land

When an indivisible land plot is in the use of several persons, these persons have the right to acquire this plot as common shared ownership, as a rule, in proportion to the shares in the ownership of the building. But another option is also possible - the parties themselves determine the share ratio in the right to a common land plot, including with a deviation from the size of the shares in the ownership of the building.

Basis for registration of land ownership rights

The basis for state registration are acts on the provision of a land plot to a citizen, issued by state authorities or local self-government within the limits of their competence or issued by an authorized government body operating at the place of publication of such an act at the time of its publication; an extract from the household register issued by local authorities indicating that such a citizen has the right (for plots allocated for running personal subsidiary plots); other documents establishing or certifying a citizen’s right to a land plot.

Area of ​​the land plot being registered

Along with a document certifying a citizen’s right to a land plot, a corresponding cadastral plan of the land plot must be attached. Discrepancies in information about the area of ​​actually occupied land, identified during surveying and cadastral registration, in comparison with title documents, are not grounds for refusal of state registration of a citizen’s right to a land plot. In this case, one should proceed from the cadastral plan of the land plot, provided that the excess (use) does not go beyond the minimum standards for the provision of a land plot for the corresponding intended purpose.

There is no need to contact the Administration when privatizing land

In the current practice of land privatization, it is quite difficult to formulate an unambiguous action plan. Often citizens, mistaken in good faith, register a plot of land with local governments for a fee. Thus, this procedure does not quite fall under the concept of “Privatization”.

Incompetent land lawyers

This practice has recently found wide application. This state of affairs has become hostage to the incompetence of intermediaries, who, perhaps unintentionally, lead their clients along an obviously expensive and long-term path. It’s hard to blame them for this, because... by definition, they first of all turn to the Administration of the locality, where they are of course welcome, since local governments can only provide plots for a fee.

Registration of land without the consent of shared co-owners

In turn, a simplified procedure for registering land plots through the Rossreestr authorities is also not always possible, due to improper registration of land allotments in previous years. And, as often happens, many households are already in shared ownership by several families who, using the controversial practice of “Privatization” of land plots, formalize their part of the land allotment without taking into account that this action, in turn, means the division of a common land plot without dividing the house.

Cancellation of ownership rights to incorrectly registered land plots

This situation occurs quite often, one might even say in the overwhelming majority of cases. It must be borne in mind that in this situation, for a competent lawyer to cancel all previously performed actions with the land plot in court will not be difficult, because local government authorities allocate your own land plot to you not only for a fee, but also without taking into account the rights and legitimate interests of neighbors, and this is a violation of the rights of the owners of common shared property.

What constitutes termination of ownership

This process is implemented only if the basic requirements of the law are taken into account. It is a procedure by which a person or company loses ownership of a certain area.

For compulsory termination of a right, certain grounds must be present.

In addition to voluntary alienation, there are situations when a person can be forcibly deprived of the right to any plot. Forced termination of rights can occur as a result of various situations:

• Paid seizure carried out by government agencies or municipal authorities of a certain region. Instead of land, a sum of money equal to the market value of the alienated plot is paid.
• A taking that does not provide any compensation to the owner. This process can be carried out by different credit institutions or municipal authorities. The reason for its implementation is forced circumstances.

The main reason for the alienation of plots is the planning of construction on this territory. Moreover, these objects must be of national importance.

Land is also confiscated in a situation where it acted as collateral during the loan processing process, and the borrower cannot continue to repay the loan, so the credit institution is forced to confiscate and sell the collateral to repay the loan.

Relinquishment of ownership of a land plot

Any owner of a land plot can voluntarily abandon it on the basis of his own application. Typically, refusal is associated with difficulties in cultivating the land and unwillingness to pay mandatory taxes to the budget.

If the owner stops cultivating the land and publicly declares his reluctance to continue to own the land he owns, then these actions cannot be regarded as termination of his property rights.

In order to officially terminate his right to land, the owner must submit an application of the established form to the territorial division of the Rosreestr service at the location of the allotment. If there is no legally registered ownership right, the applicant is obliged to attach the documents he has confirming title to the site. Providing a cadastral passport is not a mandatory condition.

It is acceptable to submit an application and accompanying documents to the registration authorities by mail. The applicant's signature on the refusal application must be certified by a notary.

Within 30 days, the authorized body registers the cancellation of the private right to the land plot, of which the applicant is notified in writing. There is no state fee for registration actions of this kind.

After the owner of the land has officially renounced ownership of the property, the site becomes the property of city or municipal authorities. Since this procedure is a direct indication of the current legislation, the consent of the subject to receive ownership of the abandoned plot is not required.

Compulsory regulations for the annulment of ownership of a plot of land are permitted upon the occurrence of the following circumstances listed by the Land Code:

• use of the land plot in an inappropriate manner - if the plot has not been developed for three or more years, or the owner is carrying out work on the land that could violate environmental, sanitary or agrotechnical standards;
• purchase and seizure of a site by municipal/state bodies for urgent needs - by law this is possible if it is necessary to place federal or regional facilities on this land or to ensure the country’s obligations to international partners. The act of seizure is accompanied by payment to the owner of an equivalent value of the land, which is determined by the court;
• temporary seizure (requisition) – possible in the event of force majeure circumstances that can cause significant harm to the population and the state. Requisition involves the return of a temporarily seized plot after the end of dangerous factors, and if impossible, compensation for its market value or another plot;
• alienation of an allotment that, due to legal requirements, cannot belong to an individual;
• confiscation of land ownership is carried out without compensation for its value and is a type of sanction for a crime committed.

We invite you to familiarize yourself with: Sample GPH Agreement with the administrator

Civil law does not allow forcible expropriation of land from the owner, except in cases related to foreclosure of the plot.

If the owner of the plot is a debtor for his financial obligations and is unable to pay the existing debt, then the judicial authority may decide to seize the real estate as fulfillment of the obligations.

After the court ruling comes into force, an encumbrance (seizure) is placed on the land, and it is subject to implementation by the bailiff service or transfer to the disposal of the claimant. The basis for foreclosure on an agricultural plot is the writ of execution issued by the court.

The limitation that the law imposes on the right to seize land as debt compensation is the presence on the site of a house that is the debtor’s only residence. If the debtor owns a dacha or garden plot that is not used for commercial purposes, then its seizure and sale is impossible.

The process of termination of ownership

This procedure completely depends on the reason for the land seizure. The following situations stand out for this:

• Paid procedure for termination of rights. In this case, the land is intended for the needs of the state or municipality and is a public form of ownership. Owners of plots are warned 3 times in advance that they will be relocated. The third notification must contain information that the land owner must come to the administration to draw up an agreement. It is advisable to accept the invitation to gain maximum benefit from this process. The market value of the land will be obtained or a new site may be selected. If all conditions are met, an agreement is drawn up, and the land owner can receive not only the market value of the real estate, but also compensation for other costs.
• Gratuitous seizure. If the right of ownership is terminated free of charge, then a special act is drawn up by the administrative authorities. It indicates various violations that arise during the use of land by owners. Some time is given to correct these violations. Certain penalties are applied to the violator, expressed in the form of a fine and a warning. If the violations are not corrected, then through the arbitration court the administration has the right to deprive a person of land.
• Seizure due to neglect of land. An essential basis for termination of ownership rights is the owner’s negligence towards the land plot. In this case, an inspection report of the territory is drawn up, which indicates the presence of various violations that the owner must eliminate. If he does not do this, then the land is confiscated. The same applies to the situation when the land is used as collateral, and the owner is not conscientious about his obligation to pay off debts. It is almost impossible to challenge the seizure in such situations.

What is the right to free temporary use of land and what are its features you can read in this article.

Thus, termination of the right to a specific plot can arise for various reasons, and the procedure in each situation has its own characteristics.

If the termination of the right occurs as a result of various violations, then you can go to court if such violations are corrected.

Thus, termination of ownership of different plots can be carried out for different reasons. For this process, the owner may receive compensation or may not be paid any amount for the land.

Inappropriate use of land

Inappropriate use of existing land includes the following signs:

• non-compliance with the established intended purpose;
• non-use of the site for residential construction or agricultural purposes for three years;
• land violations not eliminated by the owner - damage to soil fertility, non-compliance with the regime for the use of special-purpose land;
• failure to carry out activities aimed at improving the condition of the land and protecting it from destructive natural factors;
• failure to pay land taxes for two or more consecutive years.

Confiscation of a land plot from the owner due to irrational use is considered as a radical measure in case of systematic and gross violations of land and civil legislation. Such a sanction can be applied at the initiative of state bodies and municipal authorities after administrative measures in the form of a fine are taken against the owner.

The current legislation, although it declares the possibility of forced revocation of land ownership due to its improper use, does not give an unambiguous answer regarding the remuneration or gratuitousness of confiscation. For this reason, government authorities often limit themselves to fines and warnings to landowners.

Basic legal provisions

The process of land alienation is set out in detail in land and civil legislation. The right of citizens to acquire plots of land and dispose of them is established by the Constitution of the Russian Federation.

The main, fundamental law of Russia, the Constitution, contains the following information that directly relates to the rights of citizens to dispose of property:

• Every citizen of the Russian Federation can own a land plot as a property
• owners can use and dispose of their land within the framework of the rules established by law. In other words, the actions of the owner in relation to the land owned by him should not violate the rights and legitimate interests of third parties or the provisions of the law. Also, the use of land should not harm the environment
• the conditions and procedure for the use of plots are established by law

A strict hierarchy is established in the legislative system, therefore regulations adopted by the Russian Government should not conflict with the Constitution.

This principle forms the basis for the procedure for liquidating property rights to land plots. The basic rules of this procedure are contained in the Land Code:

• the property right to a land plot is terminated upon the specific expression of the will of the owner, executed in compliance with the procedure established by law
• ownership of land can be forcibly terminated if there are grounds established by law and through an approved procedure
• both methods of liquidating rights to land plots are set out in detail in the Civil and Land Codes, as well as the Federal Laws of the Russian Federation
• a citizen’s property right can be canceled regardless of how the land was acquired (through purchase and sale, privatization, inheritance or other similar methods)

In many situations, especially those related to the forced termination of land ownership, it is advisable for citizens to seek qualified legal assistance to more effectively protect their rights and interests.

Grounds for termination of ownership of a land plot

Termination of ownership of a land plot may occur in the following situations:

• as a result of the alienation of the allotment by the owner himself, the disposal of a third party;
• if the owner voluntarily renounces his rights;
• due to the seizure of land from the owner forcibly, on the basis of the provisions of federal legislation.

In the first case, the owner of the massif transfers the rights to the land legally and the third party acquires them only after registering the transaction with Rosreestr. The grounds for termination of ownership of a land plot are procedures such as purchase and sale, exchange, donation.

We invite you to read: Enter into the right of inheritance in the DPR

The main state normative act, the Constitution of the Russian Federation, stipulates the following condition: such a procedure as deprivation of property rights can only be carried out on the basis of a court decision, which is applicable to any property owner.

This rule also applies to lands, regardless of their intended purpose. Land legislation stipulates the grounds not only for the forced termination of ownership of a land plot. Both the right of lifelong inheritable ownership and the right of permanent (perpetual) use can be terminated. The reasons for this are as follows:

1. Transfer by court of the right to land to the owner of a building located on the given territory, unless another solution is possible.
2. Deprivation of the right to land if, by law, a citizen cannot be its owner.
3. Breach of obligations.
4. Withdrawal of an allotment, the ownership of which is conditioned by the right of perpetual/permanent use or lifelong inheritance for the needs of a regional or state direction.
5. Committing illegal actions, in particular:

• violation of operating standards that are established for the category of a specific site and its purpose;
• manipulations with the fertile soil layer - its removal and movement;
• ignoring the intended purpose of the area for three years and using it in areas not related to agriculture, construction or other types of work. The period may be changed by the Federal Law, and it also does not apply to plots that cannot be exploited due to natural disasters or other similar circumstances;
• improper use, which negatively affects the ability of the land to meet the needs of plants and ensure their normal growth and maturation;
• violation of the special regime for the exploitation of territories adjacent to the sea, river, storage facility and other water body;
• failure to comply with the rules for the use, transportation, storage of toxic substances, fertilizers and other means of chemical or biological origin, resulting in harm to the soil, animals or humans;
• lack of measures to combat the destruction of the soil layer due to exposure to the elements;
• systematic non-payment of established taxes and fees.

Withdrawal of an allotment entails the transfer of ownership rights to other persons. In case of collection of obligations, the plot is transferred to the citizen or organization for whose benefit it was seized, or sold, and the obligations are reimbursed from these funds. If the owner commits illegal actions or if there is a special need for this land plot, it becomes state or municipal property.

There is a certain classification of termination of rights to a plot carried out by force. The main methods of this procedure and their general characteristics:

1. Ransom. The Civil Code stipulates that the seizure of land from the owner for state or municipal needs must be carried out on the terms of equal value or advance compensation for the cost of the site. The owner may not agree with the indicated amount of financial compensation, other conditions, or directly with the decision itself. In this case, the official authority has the right to go to court within three years from the date of notifying the owner of the decision.
2. Confiscation of land is a legal action if the owner commits a crime.
3. The forced termination of rights to land may be in the nature of a temporary or permanent measure called requisition. These are government actions aimed at confiscating a site in an emergency. This procedure can be used during a flood, disease outbreak, or other similar circumstances. The accomplished fact is recorded in a special document. If it is not possible to return the item, its value is paid or a replacement of similar value is offered.

Like any lawful action, the forced termination of ownership of a land plot is carried out according to the rules specified in the Civil Code and the Land Code. The procedure takes place in the following order:

1. Determining the basis for taking appropriate actions.
2. Identification of the owner of a land plot by sending requests from the responsible authorities to the general register, archives and other authorities. Another method used is to post search information on official portals and local billboards. If the owner is not found, the court, based on a statement from the responsible authority, recognizes the state’s right to own the site. This procedure is carried out at least 60 days before the decision is made.
3. The municipal administration or another organization that has the appropriate rights makes a decision to seize the site. Within 10 days, the contents of the document are brought to the attention of the owner and made public: posted on the official resource, sent to the Russian register. Time limit applies: The decision is valid for three years.
4. 60 days before the next procedure, an expert assessment of the value of the land is carried out.
5. The withdrawal agreement is sent to the owner. He may not sign it, but after 90 days the responsible body has the right to file an application with the court. The completion of the procedure in this case will take place on the basis of a court decision.

List of documents

Each individual case requires its own set of documents. The common ones are:

• Conclusion on the condition of the site.
• Owner notification.
• Agreement on withdrawal of allotment.
• Written consent of the owner.

The following documents also apply:

• Court orders and writs of execution.
• Resolutions of authorized bodies and bailiffs.
• Agreements or contracts for a loan, payment of certain amounts.

After a piece of land no longer belongs to a citizen, it becomes the property of other persons, government agencies or other claimants. At the same time, the former owner is not exempt from paying fines imposed on him for improper use of the area, and in case of damage to the soil, from bringing it to proper condition.

Conclusion

Forced deprivation of land ownership rights is carried out according to the rules and in accordance with the procedure established by law. Main points of the procedure:

1. Only a court can make such a decision.
2. To carry out these actions, compelling reasons of a legal nature are required.
3. It is possible to appeal.
4. Deviation from the order will result in failure of the claim filed by the authorities.

List of laws

Nuances of forced termination of rights

A person’s ownership right to a plot of land may be liquidated without taking into account his opinion in the following cases:

• in case of improper use of the plot (such cases include idle land for three years or carrying out work that harms the properties of the land and the environment)
• buyout or seizure of land for the needs of the municipality or the state (this may be the need to lay power lines or locate other significant facilities)
• requisition (if urgent circumstances arise in order to ensure the safety of citizens or the state as a whole, a land plot may be confiscated from a person with return or subsequent compensation)
• seizure of land that, for reasons established by law, cannot belong to a citizen
• confiscation (seizure of property for the purpose of punishment for an offense and/or compensation for harm caused)

At the same time, land cannot be forcibly confiscated from citizens in cases that are not regulated by current legislation.

Property, including a plot of land, may be confiscated from a person if there are debt obligations that have not been fulfilled in order to pay off the debt. This procedure is carried out only through judicial proceedings.