The right of lifelong inheritable ownership of a land plot - what is it, who can use it, how to register

Not all land plots belong to citizens on property rights. Although less common, lifelong inheritable ownership of a land plot also occurs as one of the options for using land. In essence, the owner has limited property rights when he actually owns and uses the land, but it belongs to state or municipal authorities.

This type of land rights was formed back in the days of the USSR, when an allotment could not belong to a citizen on the basis of property. After the change in the economic system, many citizens continued to own land plots with the same rights, and this is how it remains to this day.

Grounds for acquiring the right to lifelong inheritable ownership of a land plot

Property is the most reliable option for owning any object, including land, but it is far from the only one. At the moment, there are still cases when an allotment belongs to citizens on the right of lifelong inheritable ownership, so it is important to understand what it is and what is the fundamental difference from property.

Land was issued on the terms of lifelong ownership during the USSR. The point is that ownership of such an object was not previously provided for; the land was considered as the property of the entire country and people. But it was necessary to transfer it to citizens for use, which is why a new wording was introduced.

In fact, inherited ownership provides for almost the full range of constituent elements of property. Thus, the owner has the right to use and own, but is limited in the disposal of the land.

Although the disposal of the site is prohibited, there is an exception to this rule. The Land Code in Article 31 provides that the allotment can be transferred by inheritance. This rule has been in effect since Soviet times.

Previously, it was possible to receive inherited property from the state. Currently, land is not issued in this way; other legal mechanisms are used, for example, long-term lease or perpetual use. However, you can obtain the right in the following ways:

by inheritance . The heir will have the same scope of capabilities as the testator;
having purchased or received as a gift a building that is located on land . Direct sale of land is prohibited, but the law (Article 523 of the Civil Code of the Russian Federation) allows the sale of buildings and specifies that the land will follow such real estate.

In addition, a land plot owned by a citizen on this basis may be formed by dividing or merging plots that exist within the same legal framework.

Legal regulation

The concept of lifelong inheritable ownership was first introduced in the Soviet Union. Obtaining an allotment on this basis was possible, judging by the legislation that existed before 2001. The new Land Code no longer provides for this option.

Legal regulation is carried out on the basis of several legislative acts:

First of all, this is the Land Code of the Russian Federation . Thus, Article 11.8 specifies the methods of obtaining lifelong inheritable ownership;
The Civil Code of the Russian Federation in Article 265 indicates that this right arises in the cases specified in the Land Code of the Russian Federation, and Article 266 indicates the existence of the right to receive such an allotment by inheritance and erect buildings and structures on it;
Decree of the Government of the Russian Federation dated March 26, 2015 No. 279 is used when it is necessary to determine the value of such a plot, for example, for subsequent purchase;
Federal Law No. 218-FZ of July 13, 2020 “On State Registration of Real Estate” determines the procedure for registering transactions with these objects; for example, Article 49 lists the list of documents required for state registration of ownership of such a plot.

It turns out that the state no longer issues land on this basis, but also does not forcefully change the current situation. However, owners still have the opportunity to re-register the plots as their own.

Link to document:

How can you manage such a plot?

Direct sale of land owned by a citizen on this basis is prohibited. This is the main difference from property, because the owner can dispose of the object he owns as he sees fit.

As a general rule, such land can only be passed on by inheritance. It is transferred both by law and by will.

However, there is one loophole that citizens take advantage of. Thus, the legislator does not prohibit, but directly allows the construction of houses and other buildings and structures on the territory of plots, which will then belong to the owner of the plot. A person will be able to sell the building at any time, as well as donate it or dispose of it in some other way.

But what will happen to the earth in this case? Obviously, it will follow the fate of the building on which it is located, that is, it will pass to the new owner with the same scope of rights that the seller had. This principle is enshrined in Article 552 of the Civil Code of the Russian Federation.

Who can use the right of night vision and on what basis?

Only individuals have the right to act as legal holders of plots. These are Russian citizens living in the same place where their plot is located and engaged in its cultivation. Or their close relatives belonging to the first circle of kinship:

parents and adoptive parents;
children, including officially adopted children;
spouses.

It is important that the site is processed and not neglected, otherwise it may be seized

Legal entities lost the right to lifelong inheritable ownership of land with the abolition of the provisions of Article 21 of the Land Code of the Russian Federation. Accordingly, land inheritance for this category is not regulated.

Those persons who have the right to subsequently claim to receive such lands by inheritance can cultivate and improve the plot.

Citizens cannot reside in another region for the following reasons:

The peculiarities of land ownership do not allow its transfer to lease.
If a plot of land that is not owned is not cultivated, that is, soil cultivation activities are not carried out on it, it can be seized on the basis of an administrative act or a court decision.
If third parties manage the site, they can sue it as ownerless or buy it from the local administration.

The following circumstances may be the basis for ownership:

Allocation of land before the entry into force of the new land legislation. Provided that the form of the right is written in the title and title document: lifelong inheritable possession.
Receipt of land by inheritance. It must be included in the list of inherited mass.
Purchase of a permanent residential building located on settlement lands, the adjacent territory of which belonged to the seller on the basis of the PNV. This form of right must be specified in the home purchase agreement.
A transaction of exchange or donation of a residential building, when the transfer of the local area is carried out automatically.

According to the norms of land legislation, the fate of the land follows the fate of the house, which means the allotment is transferred as a local area.

A person who is granted the right of permanent (indefinite) use, the right of lifelong inheritable possession or the right of gratuitous use of a land plot from which land plots are formed during division, merger or redistribution, accordingly acquires the right of permanent (indefinite) use, the right of lifelong inheritable possession, the right to free use of the land plots being formed.
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https://www.consultant.ru/law/podborki/pozhiznennenoe_nasleduemoe_vladenie/

The right of the NVG to the site is confirmed by a title document, which can be:

deed of allotment (regardless of the year of issue);
a property transaction agreement with a capital structure located on such a land plot;
certificate of inheritance;
extract from the court decision.

Archival documents may still be of Soviet origin, but they still remain valid

If the act is lost, it must be restored through the municipality or archive. This procedure follows the following algorithm:

First, it is advisable to contact the administration and submit an application to the office with a request for an extract from the household ledger.
If it doesn’t contain the necessary information, you need to go to the archives.
Archival data may also not contain the necessary information, because in the last century the zoning of land and the belonging of villages to one or another region could have been different. In this case, you will need to find out which regional center this land mass belonged to.
Information must be sought based on the fact of allotment of plots, based on the history of the plot.
After the certificate has been found, you need to contact the head of the local administration with a request to recognize the rights to the land plot.

After this, situations may arise when the chairman of the executive committee refuses to provide the applicant with an act. If this happens, further actions may be as follows:

It should be taken into account that the local administration can only recognize the form of law that was originally indicated in the documents. If the household register indicates that the plot was allocated for permanent (perpetual) use, then entering information about the right of lifelong inheritable ownership will be an unlawful act. You need to obtain such a document to be presented.
If the administration refuses to recognize rights, you need to go to court. To do this, you need to request an official refusal signed by an official. Within 10 days after receiving such paper, you must submit a statement of claim.

The presence of a package of documentation for the land plot is a prerequisite, otherwise the basis for ownership will be lost.

In my practice, I have encountered quite a few cases where land users who lost and did not restore a document were not only deprived of a plot of land, but were also charged with administrative liability under Article 7.1 of the Code of Administrative Offences—squatting of land plots.

How to renounce lifelong inherited ownership

Rules Art. 53 of the Land Code of the Russian Federation provide for the possibility of renouncing rights to a land plot that belonged to the owner on the basis of the right of lifelong inheritable ownership. This can be done by contacting the administration of the municipality in whose territory the facility is located.

Refusal is carried out upon application, to which you will need to attach confirmation of the applicant’s identity, as well as the following documents:

cadastral passport, if the cadastral chamber database contains relevant information;
documents that confirm the existence of rights to the specified plot;
a copy of the decision to provide land to a citizen.

The decision to terminate rights to a land plot is made within one month from the date of filing the relevant application. The document is sent to the applicant within three days from the date of the decision.

The applicant’s rights are terminated not at the time of filing the application, but at the time the decision is made.

If the corresponding right has been registered in Rosreestr, then the municipal administration must send a corresponding notification to Rosreestr within a week from the date of the decision. The administration independently notifies the tax authority.

Current situation

Modern legislation contains a rule on lifelong inheritable ownership of a land plot, but it applies to citizens whose rights to plots of land arose before the entry into force of the 2001 Land Code.

This approach is understandable, because privatization is voluntary, and forcing someone to exercise their civil rights is unconstitutional. Therefore, this rule continues to apply.

People may be forced to refuse privatization by the banal obligation to pay taxes, which are quite high today. If we are talking about use in different forms, the obligation to pay tax does not arise.

How to obtain the right of lifelong inheritable ownership

At the moment, the right of lifelong inheritable ownership cannot be granted by the state or municipality. Authorities use other procedures for transferring real estate to citizens in need, for example, entering into lease agreements.

You can receive an allotment on this basis either by inheritance or by purchasing a building located on it. There are no other methods.

Both an individual and a legal entity can obtain a plot on this basis. The legislator does not prohibit organizations from owning plots on this basis. However, it will no longer be possible to receive an allotment from the state, as it could have been done earlier, before the introduction of the Land Code into the legal field in 2001.

Where did this form of ownership come from?

Lifelong inheritable ownership of a land plot arose in the Soviet years and worked this way: citizens received land from the state for use. On it they had the right to build houses for themselves and farm.

No special document was issued, except for the land allotment act. The decision was made by the local village council. It is interesting that citizens, when engaged in the privatization of land plots, often cannot find allotment acts, which are the main documents giving rights to plots.

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

The laws did not and do not provide the opportunity to carry out transactions with plots on terms of use: they cannot be sold, exchanged, or donated. The only thing that was allowed was to pass it on by inheritance.

Termination of lifelong ownership of a plot of land

Termination of rights to inherited property is carried out on one of the following grounds:

Voluntary renunciation of a claimed right. This is done by submitting an application to the municipal administration. The applicant is not required to indicate the reasons for the refusal.
In case of transfer of land ownership. The plot can be transferred to private ownership; the legislator stimulates this moment by simplifying the procedure as much as possible.
Forced alienation in case of inappropriate use of the allotment. Carried out within the framework of Article 54 of the Land Code of the Russian Federation. It is implemented on the basis of a decision of the authority, after which the case is referred to the court for consideration. The user of the allotment can try to challenge this circumstance by proving that he is using the allotment for its intended purpose, and its operation does not harm the environment and ecology.
When selling a building located on the site.

The rights to the object are terminated at the time of death of an individual, as well as at the time of liquidation of a legal entity and are transferred to legal successors.

How to transfer ownership

Considering the fact that at the moment it is impossible to obtain a plot on this basis, the state encourages citizens to transfer such objects into ownership. This can be done in a simplified manner.

The procedure for transferring such an allotment to personal property is quite simple. You only need two documents:

cadastral passport;
order of the municipal authority on the provision of an allotment.

Documents are submitted to Rosreestr. Of course, you will need to have a passport or other identity document with you, and also pay a fee, the amount of which in 2020 is 2000 rubles.

The procedure will become a little more complicated if the site did not previously have clear boundaries, that is, an inventory was not carried out in relation to it. In this case, you will need to start with boundary work in order to draw up a cadastral plan.

If the plot is inherited, then you will first need to accept it, re-register it in your name, and then deal with the registration of ownership in the general manner. It will not be possible to re-register the object before accepting the inheritance.

In fact, the institution of lifelong inheritable ownership of land is gradually disappearing. At the moment, many plots are owned by citizens on this basis, but the state encourages the transfer into ownership.

Permitted use of land

The use of a land plot is possible in accordance with the category of land. Most often, personal use is assumed, for example, farming and construction of real estate, including residential.

There is no difference in the use of the land under the right of ownership. The only difference is the possibility of its implementation. That is, it will not be possible to sell or donate the land, but you can sell the buildings located on it.

As follows from the name and content of the law, a plot of land can be inherited, even if there are no buildings on it.

The land plot can be leased. This right is not prohibited, only alienation is limited.

Documenting

It should be noted that changes have been made to the Land Code and now lifelong inheritable ownership of land plots is not formalized. If for some reason a citizen did not have time to formalize it, he can only agree to rent the plot or privatize it on a free basis. By the way, here the authorities have the right to oblige the court to conclude a lease agreement.

Those citizens who managed to register ownership have a certificate in their hands that confirms their right. According to current legislation, documents that were previously issued continue to be valid either for the period for which they were 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 norm has been repealed, the rights of citizens continue to apply.

The legislative framework

Citizens received the right to such ownership under the legislation of the USSR, which was in force until the laws of the Russian Federation regulating the same areas appeared. Also, individuals were able to register lifelong ownership according to a document dated December 23, 1992, which endowed the lucky owners of the land with the title of hereditary owner. But this act was created for a select few; practice speaks of several thousand people.

Today, such real rights are regulated by several norms of legislation:

Article 265 of the Civil Code says that all legal procedures with land plots are carried out in accordance with the Land Code;
Article 21 of the Land Code directly states that only material rights, and not property rights, are transferred to inheritance;
Article 53 of the Land Code describes cases when an allotment can be taken away;
Article 1181 of the Civil Code indicates that rights to lifelong inheritable ownership of land are inherited on a general basis and are a simple component of the general inheritance.

Today, such a real right is no longer granted; practice shows that after 1991, only a few were able to formalize such ownership. However, before the collapse of the union, many residents took advantage of such a liberal norm, so the issue remains relevant to this day.

Obtaining ownership

How is the transfer of lifelong inheritable ownership of a land plot into ownership?

The algorithm of actions is standard. The peculiarity is that the owner is not limited by time frames. For example, the right to transfer leased land into ownership or that which is in gratuitous use is valid for the duration of the lease or use. As soon as these rights cease, the right to privatization also disappears.

You can transfer ownership at any convenient time. Moreover, despite the fact that privatization is free, it requires significant funds to pay for land management work and registration of rights.

When does the right expire?

When does the right expire? This is possible either at the request of the owner, or by decision of government agencies, that is, by force.

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Voluntary termination of ownership is considered for one of two possible reasons:

refusal of a person to permanently own in the future;
purchasing land as personal property and submitting a certificate of such transfer to the government agency (please note that in this case it is very important to follow the procedure for re-registration).

Compulsory termination of the right under Art. 45 of the Land Code of the Russian Federation is possible when the site is seized:

for municipal or state needs;
due to use that is considered inappropriate.

The latter stands for:

contributing to the emergence of an environmental situation that is considered unfavorable;
damage to the earth;
irrational operation or use other than for its intended purpose;
ignoring responsibilities aimed at soil reclamation or protection;
bringing the site into a condition that is unsuitable for rational use.

You should know that in some cases, land is provided to residents for the purpose of placing agricultural production or residential construction on it. In some cases, if this goal is evaded for three years, the plot may be seized. The specified period does not include the time required to develop the land.

Forcible seizure is justified only if there is a judicial act. The basis may be Art. 8.8 of the Code of Administrative Offenses of the Russian Federation, indicating the termination of rights in the event of improper use of land.