The right to inherit lifelong ownership of land: what is it, what plots does it include, how to obtain it by will and by law, what is the state registration procedure?

What is the right of lifelong inheritable ownership of land?

To understand the nature of the legal relations of lifelong inheritable ownership (LIP) of a plot, you need to take a brief excursion into history. The designated form of law arose in the last century, in the old Soviet legislation. At that time, neither land nor other real estate objects were transferred into ownership. As a result of the collapse of the legal system of the Soviet Union, Russian legislation was adopted. On its basis, property relations entered into legal force. This allowed for the free transfer of plots of land owned by citizens into ownership. This legal procedure is called privatization.

Some rights holders of lands received by them on the basis of PPV rights did not want to privatize their plots. For them, the state has provided the opportunity to use lands on existing grounds while maintaining legal regulations. Despite the fact that this form of law literally arose in the last century, it does not lose its relevance to this day.

Old houses can still be located on lands of lifelong inheritable ownership

Regulatory acts

To regulate land relations on the basis of lifelong inheritable ownership, the following are used:

Article 267 of the Civil Code of the Russian Federation;
Article 1181 of the Civil Code of the Russian Federation;
Article 3 of the Land Code (Land Code) of the Russian Federation;
Clause 2 of Article 21 of the Land Code of the Russian Federation;
Article 45 of the Land Code of the Russian Federation;
municipal and local administrative acts.

The Federal Registration Law No. 218-FZ of July 13, 2015 plays a significant role. We cannot ignore the Privatization Law No. 1541–1 of July 4, 1991, which regulates the re-registration of land ownership.

How does NVD differ from property and free use?

PNV is a form of ownership that does not give the right to dispose of the land, but provides for its transfer to heirs. Therefore, in case of lifelong ownership, the person is called the copyright holder. This is the main difference from property rights.

Property transactions can be made with property:

buying and selling;
menu;
donation;
rental;
transfer to trust management.

It is also possible to change the site:

division or merger with other owned lands;
increasing the territory by creating extensions;
changing the type of intended use of land.

Landed property can be used as collateral when applying for a consumer loan or mortgage.

Such benefits do not apply to NVD rights holders. But if their powers are compared with the opportunities provided by the right of permanent (perpetual) use, then the advantage is obvious. It lies in the fact that succession is allowed, that is, the transfer of real rights to land to heirs. Persons who own land indefinitely do not have this opportunity. Otherwise, these forms of land tenure are identical.

As far as inheritance is concerned, PNV also has differences with the right of ownership. The owner of the plot transfers to the heirs the real estate itself - the plot, and the copyright holder - only the right to use .

Permitted methods of disposal of the site

The land user has a narrow range of powers to dispose of the site. It is impossible to conclude a formal agreement on exchange, rental or sale. But in practice this happens. The copyright holder verbally agrees with the person on the period and amount of monthly payment.

The ability to own a plot is inherited (Article 267 of the Civil Code of the Russian Federation). Succession is assumed by law, by will. In two cases, it is necessary to provide a certificate of inheritance as confirmation. The document is issued by a notary.

The next owner of the site will be a potential successor. If the property represents a large part of the inheritance, then it is more logical to establish compensation. The problem is the lack of legal regulation of the issue. Therefore, no compensation payments are provided. The issue is resolved on an individual basis.

It is impossible to sell the plot separately. Cannot be sold or given away. Prohibitions do not apply to real estate located on land. For example, a private house can be easily sold. The transaction does not contradict the law and is absolutely legal. The fact of transfer of rights to an erected house or building is the reason for the transfer of ownership of the plot.

Easement

It is an agreement for the temporary use of land in previously agreed upon situations. Within the framework of the law, an easement allows the owner of a neighboring territory, in some cases, to enter a nearby plot. The right should minimally burden the land owner.

There are two types of easements:

public;
private.

The first is established by regulations of local governments (Article 64 of the Civil Code of the Russian Federation) or at the federal level. The public type of property law is introduced based on the results of public hearings and pursues the interests not of specific people, but of the state.

A private easement arises by agreement concluded between the owners of adjacent plots or in court. For example, a neighbor needs to take water from a well; to do this, he needs to cross someone else’s territory. A private easement pursues exclusively personal interests and does not affect government agencies in any way.

Rent

It represents the transfer of a plot of land into someone else’s temporary possession with the condition of providing a monthly payment. It is considered the most common form of land use.

The subjects of the agreement are individuals or legal entities. Here the legislation does not provide restrictions. Even foreign citizens or stateless persons can be parties to the lease agreement.

The main task specified in the text of the agreement is often the construction of a structure on the leased territory (Article 22 of the Land Code of the Russian Federation). After signing the transaction, the party undertakes to use the site only for its intended purpose.

Free use

The main difference is the absence of monetary compensation, that is, the party to whom the right of ownership is transferred does not have to provide material benefits in return. The following are issued for free use:

state and municipal property;
service plots;
personal property of individuals and organizations.

The transfer period is negotiated by the parties independently. The law establishes a maximum period for the agreement to be valid.

An important condition of the transaction is the condition of the site. The party to whom the right of ownership is transferred is obliged to return the object in its original form in which the owner transferred it.

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.
ConsultantPlus, 1997–2018
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.

Main differences from permanent (indefinite) use of memory

The right of permanent (indefinite) use also arose in Soviet land legislation and continues to function only in relation to those lands that were transferred for use during that period.

Currently, this right is granted only to municipalities; for individuals it is extended on the basis of old legislation, and for legal entities it has lost force. Compared to permanent land use, NVGs have some advantages:

can be passed on to heirs;
may be included in a testamentary disposition;
sometimes they act as an inheritable land share (we wrote about inheriting a land share by law and will here).

The remaining characteristics are the same; there are no other legal nuances between these types of law.

Perpetual use does not allow the transfer of the memory by inheritance. In this case, based on the surrounding circumstances, the following options arise:

After the death of the owner, a plot without permanent buildings is confiscated by the state and is not transferred to the heirs.
If there are capital buildings, the land goes to the heirs along with the house, but the heirs do not have ownership of the land. The right remains limited - for the period of ownership of the house.
The municipality has the right to reduce the area of the local area to the minimum established in the territory of the settlement. The plot under the house passes to the heir along with the housing.

In this regard, the advantages of land rights holders on the basis of the PNV are obvious.

Procedure and rules for registration of rights: where to apply, necessary documents

The right of lifelong inheritable ownership is transferred by inheritance or by transaction along with the acquired real estate. In order for it to pass to the buyer, it is necessary to draw up a purchase and sale agreement for a permanent structure located on the site. The heir must enter into inheritance rights and obtain the appropriate certificate.

Registration when buying a home

The fact of purchasing a house is registered through Rosreestr . It is best to submit documentation for registration through the multifunctional center. Papers for the acquired capital structure should be included in this package. The title document for the house must contain cadastral information about the land plot - this will be enough. But they must contain reliable information about the following:

when the site was allocated;
by what authority was it allocated;
form of law;
cadastral number of the plot;
total area.

As a result of registration, an extract from the Unified State Register of Real Estate (USRN) will be issued, where the registration authority entered the re-registered right to the land plot received when purchasing a house. The document will indicate that the form of right is lifelong inheritable ownership, and the owner of the land is an administrative body.

Passage by inheritance

When an allotment passes from a deceased landowner, there are two options:

registration of inheritance under a will;
receiving inheritance according to the law, in order of priority according to the degree of relationship.

A certificate of inheritance is the main document according to which the right to a plot is transferred to the heir

Entry into inheritance is formalized by a notary by submitting an application. The certificate is issued only after he has established the circle of heirs. And here there are possible options. For example, it may turn out that if there is a will, close relatives must be allocated a mandatory share. Therefore, several heirs often claim land plots. The real rights of each heir are subsequently established by an agreement, which is drawn up by all persons included in the number of recipients of the inheritance. If they do not reach agreement, then the right is established through the court.

Based on this, legal holders who inherited land along with other heirs must have one of the following documents:

agreement of the heirs that the plot passes to the specified person;
refusal of the remaining legal successors from the plot in favor of the specified heir;
court decision recognizing the right.

If such a document is missing, and two or more persons are indicated in the certificate of inheritance, the land is considered common. In this case, division of the plot is allowed only with the permission of the local executive committee or after registration of the land plot in ownership with the obligatory allocation of shares.

Obtaining municipal consent: how to draw up an application, sample

Inherited property received without a residential building in the form of one plot must not only be registered, but also be approved by the administration of the locality. After all, the owner of the land is the municipality. It is his authorized persons who must give permission to transfer the right.

To obtain such permission, you need to contact the administration of the locality with an application. The application is written to the head of the district or village administration. If the land belongs to a cadastral block located in a regional or regional center - addressed to the head of the department for land issues.

As far as I know, this form of law does not apply in federal cities. Land owned by the city municipality is leased to companies or residents of multi-storey buildings. Or they are re-registered as property.

It is recommended to write in the header the name of the administrative body where the paper is being submitted. The following is written in free form:

A request to register a plot on the basis of lifelong inheritable ownership, indicating information about the applicant.
Cadastral characteristics of the land plot: land category, total area, cadastral number.
Title characteristics of the memory: by whom and when it was received, when and to whom it was inherited.
List of attached documents.
Applicant's signature and date of filing.

The list of attached documents includes a certificate of inheritance of the land plot and papers for the plot belonging to the former owner. If an agreement has been drawn up, you need to submit that too. If the division of property took place in court, the court decision is attached.

Administration approval comes to the MFC in writing. After receiving it, you can register the land. If a negative answer is received, it can be contested within ten days from the date of issuance of an extract from the decision of the administrative commission.

How much does registration cost?

State registration of the transfer of rights is not free; a state fee is charged for it.
Special tariffs are established in Art. 333.33 Tax Code of the Russian Federation. Thus, according to clause 22, part 1 of this legal norm, citizens will have to pay 2,000 rubles, while legal entities will have to transfer 22,000 rubles to the budget.

By virtue of clause 24, part 1, art. 333.33 of the Tax Code of the Russian Federation, if the land area is provided for vegetable gardening, gardening, individual housing construction, construction of a garage, then the amount will be only 350 rubles.

A receipt for payment of the state fee must be attached to the list of documents that are submitted along with the application to Rosreestr.

If the land plot does not have primary registration, it is done free of charge.

We remind you that even if you thoroughly study all the data that is in the public domain, this will not replace the experience of professional lawyers! To get a detailed free consultation and resolve your issue as reliably as possible, you can contact specialists through the online form.

How to register land ownership

Sometimes it is surprising that the owner of the plot of land has not re-registered it as property. There can be quite a lot of reasons for this. The most common:

the elderly landowner could not deal with paperwork;
the person fundamentally did not want to privatize the land plot, not understanding the difference in legal status;
documents for the site were lost, and the copyright holder did not know how to restore them, or was unable to do so;
the copyright holder had already used his right to privatization earlier and could not carry out a free re-registration.

Keep in mind that the privatization of real estate was allowed only once in a lifetime. If a person has already participated in privatization, such a right will not be granted again.

Video: privatization of summer cottages and land plots

https://youtube.com/watch?v=ByGbaAn0lwA

What documents will be needed

For the procedure, you need to write an application to the administration of the locality with a request to transfer the land into ownership and collect a package of documentation, which includes:

civil passport of the landowner;
if a representative acts - a notarized power of attorney;
an act on the allocation of land or a certificate of recognition of ownership of the land plot;
land surveying;
cadastral passport.

Plots that are not registered with the cadastral register cannot be transferred to the ownership of landowners.

Where to contact

The primary address of appeal is the administration of the locality where the storage facility is located. After the application is considered here, an extract from the decision of the administrative commission will be issued, and on its basis - an administrative act. It must be attached to the package of documentation, which should be taken to the MFC, where the registration of ownership will be carried out.

Amount of state duty and payment methods

For registration of property rights, a state fee of 2,000 rubles is paid. You can pay it in the following ways:

through the government services website;
via terminal;
at a Sberbank branch.

After depositing the specified amount, you must receive a receipt confirming payment. It is not necessary to submit a receipt to the MFC registrar in the window - he receives this information in a special program when filling out documents for the appointment.

Terminals where you can pay the registration fee are installed in almost all territorial branches of the MFC