21. LIFETIME INHERITABLE OWNERSHIP / Cheat sheet on land law

Home / Real estate / Land / Inheritance of land plots

Back

Published: 01/26/2017

Reading time: 11 min

1490

The right of lifelong inheritable ownership of a land plot is currently considered one of the most widespread, along with the right of ownership of land.

It is for this reason that a fairly popular issue is obtaining and securing from a legal point of view the right to lifelong inheritable use of land. How exactly should this right be registered? And how should the whole process be regulated from a legislative perspective?

Letter of the law
What is the right of lifelong inheritable ownership of land?
Who can receive it and on what basis?
Features of the right of lifelong inheritable ownership of a land plot
How to register a right?
Termination of the right of hereditary ownership of land

Letter of the law

The regulation of issues of registration of the right of inherited lifelong ownership of land occurs with the help of two large regulations, one of which is the Land Code of the Russian Federation, and the other is the Civil Code of the Russian Federation.

The Land Code regulates the issue of lifelong inheritable ownership of land in its Article 31. This article discusses the issues of formalizing such a right, as well as possible options for acquiring ownership of a plot.

The Civil Code regulates all issues related to this special right within the framework of Article 265, which not only fully defines the concept of the right of lifelong inheritable possession from a legal point of view, but also considers options for disposing of a plot acquired on the basis of such a right.

What is the right of lifelong inheritable ownership of land?

As mentioned above, a detailed description of the right to lifelong inheritable ownership of land is given in Article 265 of the Civil Code of the Russian Federation. According to the provisions of this article, such a right is understood as a special type of ownership of a land plot, which excludes any possibility of its implementation, except for transfer by inheritance.

Such a right implies exclusive ownership of a land plot and its use, while any attempts to sell the existing plot will be considered illegal, and transactions will be recognized as void.

Another important feature of the right of lifelong inheritable ownership of land is the fact that the plot to which this right applies can only be in state and municipal ownership. If the plot was once registered as a property, the right of lifelong inheritable ownership will no longer apply to it.

Speaking about the peculiarities of this legal status of land plots, it should also be noted that the subjects of law in such legal relations will be only individuals . Even if a will has been drawn up, according to which the land plot should be transferred to a legal entity by way of inheritance, in this part the will will be declared invalid, since the legal entity does not have the right to inherit such a plot.

Despite the fact that the plot is not owned, its owner has the right to erect a structure on it, which can be officially registered by obtaining ownership rights to it.

If the entire procedure for registering as real estate in relation to the erected structure is followed, then the transfer of the plot can be made by another method other than inheritance. In this case, the rule of the current legislation will apply, according to which, along with a capital structure that has undergone the registration procedure as real estate, the land plot on which such a structure is located can also be transferred.

In this case, the transfer options can be different: both the only one permitted for this category of plots in the form of inheritance, and through a gift or sale.

What is NVD and is it available now?

The peculiarity of this type of legal relationship is that the section is owned by the state (usually a municipality) and is transferred to a local resident for perpetual use. At the same time, the operating conditions are incomplete - the subject can build a house, a summer house, auxiliary buildings on the territory, or run a personal subsidiary plot. At the same time, it is not possible to dispose of it - sell, donate, exchange, etc.

Who can receive it and on what basis?

Speaking about obtaining the right to lifelong inheritable ownership of a land plot, it should be noted that land can be obtained on such grounds in only one way - through inheritance on a specific plot. There are no other grounds for acquiring the right to lifelong inheritable ownership of a land plot, since the state issuance of land using such a right was discontinued in 1992 from the moment appropriate changes were made to the land legislation in force at that time.

Since the emergence of a lifelong inheritable right to land ownership is a legally significant action, its occurrence is subject to mandatory registration in the Unified State Register of Real Estate Rights. After entering the relevant information into this register, the heir receives a certificate of such right, on the basis of which he can subsequently formalize ownership of the land plot.

The basis for acquiring the right to lifelong inheritable ownership of a land plot is determined in accordance with the current legislation in the field of inheritance legal relations. Since this area of civil law implies two options for registering an inheritance - by will and by law, there are two possible grounds for the emergence of such a right of ownership:

If an individual has entered into inheritance rights by law;
Or the inheritance was opened in accordance with the will of the testator by drawing up a will.

In both cases, it is necessary to remember that this right, as well as the transferred land plot, will be subject to all the basic rules of the current legislation within the framework of inheritance legal relations.

○ Advice from a lawyer:

✔ The administration refused to register the right to lifelong inheritable ownership of a land plot without explanation. Is it possible to go to court?

There is no need to contact the administration. If you owned the land with lifelong land use rights, registration of property rights is carried out without a special decision (paragraph 4, clause 9.1, article 3 of Law No. 137-FZ). If you are denied registration in Rosreestr, go to court, appealing to this article, as well as to Art. 49 of Law No. 218-FZ.

✔ The administration withdraws a plot of land for the needs of the district; can a citizen count on the provision of a similar plot, but in a different location?

Yes, according to Art. 56.8 of the Land Code of the Russian Federation, a citizen from whom a plot is confiscated has the right to compensation. The amount of compensation is determined based on the market price of the seized land. If the administration can provide another plot, a plot of similar value can be provided to a citizen in another location.

Video

Specialist Oleg Sukhov will tell you in all the nuances about registering ownership of a land plot.

Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal

Features of the right of lifelong inheritable ownership of a land plot

The right of lifelong inheritable ownership of a land plot has its own characteristics regarding the implementation of existing plans for the disposal and operation of a specific land plot. These features will include:

The ability to use the land only in a way that is permitted by its intended purpose (for example, if the site is classified as agricultural land, the construction of an apartment building on it will be prohibited even after registration of ownership of the site);
If a site is used in such a way that its level of fertility is significantly reduced, the right to use it may be revoked;
A plot that is acquired by exercising the right of lifelong inheritable ownership of a land plot cannot participate in any transaction, regardless of whether it is the object of a gift or a pledge;
As mentioned above, the only legally significant action that can be carried out with such an allotment can only be its transfer by inheritance.

The list of these features is established within the framework of current legislation and can only be changed if changes are made to the relevant rules of law.

How to register a right?

If a plot with the right of lifelong inheritable ownership was received by inheritance, it must be officially registered by obtaining the appropriate certificate. Registration of this right, together with the issuance of the corresponding title document, will be carried out by territorial divisions of Rosreestr bodies located in the same area as the inherited plot.

To obtain the appropriate certificate, the owner of the plot must contact the Rosreestr authorities with an application to register such a right. In addition to the application, you will also need to provide the following documents:

Certificate of the right to lifelong inheritable ownership of land (regardless of whether these rights were entered into by law or by will);
Certificate of such right issued to the testator;
Documents confirming the identity of the heir;
Certificates confirming the absence of any encumbrances on the site;
Documents that confirm the rights of the representative to submit an application (power of attorney indicating the limits of the representative’s powers).

After submitting all the necessary documents and issuing a receipt to the applicant, which will indicate the date of acceptance of the entire package by the Rosreestr authorities or the territorial division of the MFC, within a period not exceeding ten days from the date of registration of the application, all documents are checked and, if they are completed correctly , a certificate of the right of lifelong inheritable ownership of land to a specific plot is issued.

It is this certificate that will be the fundamental document if the owner wants to formalize ownership of the land, since this document will be in the nature of the main title document confirming the rights of the applicant.

Residents of St. Petersburg can participate in the program for relocating communal apartments in St. Petersburg. Some categories of citizens have the right to receive a free plot of land. But to get it, you need to stand in line. You can find out how to do this here.

In case of agreement to allocate a land plot, the administration must formalize the corresponding decision. Read more about this in our article.

Sale of land with a house

The considered right to lifelong inheritable ownership of a land plot, as well as the transfer of other lands into ownership by inheritance, is what interests the residents of our country most of all.

And in this part there are big changes that come into force in 2018. This material will give the heir an idea of what conditions and requirements must be met to register land as ownership after the death of its owner.

The introduced new rules regarding land surveying will greatly affect the process of registering land as sole ownership, its sale and inheritance.

Now, before performing any manipulations, it is necessary to clearly define the boundaries of the site and highlight it in nature. Based on the results, a boundary plan should be drawn up.

This change also applies to inherited land plots that are inherited for life.

If land surveying has not been carried out, then it is possible to enter into inheritance rights, but the new owner will be able to receive documents only after the procedure for determining the boundaries of the land plot has been carried out.

In Art. 265 of the Civil Code of the Russian Federation talks about who, why and why has the right to perpetual ownership of a certain part of the land.

Nowadays, it is no longer possible to receive such a gift from the state due to the abolition of such land management. However, the evidence obtained earlier is valid, although its quantity is gradually decreasing.

There was a special boom in obtaining land plots in the distant nineties of the last century. The difficult situation of perestroika in the early 90s gave rise to a lot of contradictory, useless, and sometimes clearly negatively affecting the general state of the state laws.

A little later, when the flaws in the land code became clearly visible, amendments began to be made. Articles were added, still in force today, that imposed certain restrictions and protected civil rights.

Key points:

It became possible to obtain land by contacting the administration, writing an application indicating the size of the plot, its territorial location and purpose of use. In each region of the country the standards were different.
They can no longer be used to conduct business, and it is also prohibited to alienate them in any way other than inheritance.
Activities on these plots are controlled by the state for compliance with the conditions of land use and compliance with land legislation.
Land can be bequeathed or transferred into private ownership.

Despite the fact that such property cannot be sold, there is a small legislative loophole.

If there is a house on the land, registered as a property, then when it is sold or donated, the rights to the allotment are automatically transferred to the new owner of the property.

This happens because the law does not prohibit the privatization and construction of buildings on such plots, of course, if there are no contradictions with its intended use.

Who is eligible

Confirms the legality of a person’s use of the plot - a certificate of the right to lifelong inheritable ownership of the land. This state paper is important, since its presence is mandatory when registering an inheritance, privatization, or in the event of controversial situations.

The Civil Code of the Russian Federation clearly states who can be the subject of law - exclusively individuals.

The land was issued for the personal needs of an individual:

cultivation of gardens and vegetable gardens;
for the construction of private real estate;
farming;
other non-prohibited activities other than commerce.

The recipient of the inherited plot does not have the right to use the territory in any way other than what is stated in the paragraph on the purpose of its purpose.

It’s good if a person has a place where he can develop his activities and do what he loves. It’s even better if this is his personally limited zone, which no one can claim.

The owner of a plot of land with the right of lifelong inheritable ownership changes it to sole ownership, since this is the simplest procedure, during which there is no need to resort to the services of lawyers. Of course, if all documents are in order.

First of all, you need to pay attention to the presence of land surveying.

Since 2021, land legislation has been tightened. If the boundaries of the site are not clearly marked, then this procedure will have to be carried out before transferring it into ownership. It is clarified whether land surveying has been done or not in the cadastral chamber.

The heirs do not need to perform any special actions. Acceptance of an inheritance from a notary on a general basis is sufficient.

The user of the allotment is obliged to take care of it and comply with the law. Failure to comply with these requirements may result in termination of lifelong ownership of the land.

The grounds for seizure are:

Use without adherence to the intended purpose.
Negative impact on the environment due to activities carried out on the territory.
Soil depletion and failure to rehabilitate.
Land pollution.

All of the above reasons are the fault of the person himself. Thanks to their carelessness, many owners of land deprive themselves of the right to own it.

After all, the state is obliged to protect and regulate the use of the country’s resources in order to avoid, first of all, an environmental disaster.

There are other grounds for land seizure:

Forced seizure of land - following the law, it is seized in case of urgent need from the state or local municipality. For example, if the site is located on the site of laying railway tracks or heating networks and cannot be bypassed.
Expiration of construction deadlines established by the municipality. Another reason for losing land is that the three-year period given for the implementation of the intended goals has passed. For example, a plot of land has been allocated for the construction of a cow farm. In three years there should be buildings on the ground and cows grazing. The calculation does not include the time spent preparing soil surfaces for construction.
Voluntary relinquishment of ownership. Sometimes a person inherits a plot, but he does not need it, or the user of the land leaves the city or country. In this case, he may renounce his rights to the inherited property for life, since it will not be possible to take care of the property.
Changing the legal status of land. Another reason to terminate ownership of a territory is a person’s desire to register ownership of this area. After completing all procedures, the right to lifelong inheritable ownership is lost.

If the last two points are initiated by the person himself and express his will, then the first three are forced seizure. At the same time, no one has the right to come and take away the land.

All issues are resolved only in court. If it is revealed that the user treated the site inappropriately, he will face administrative punishment.

Arbitrage practice

Here are a couple of examples from judicial practice that will give a concrete idea of how you can lose a plot of land under the right of lifelong inheritable ownership or return it to yourself.

The effect of the law in practice.

The administration of the rural settlement of Vyazovka filed a lawsuit in Court against citizen Vasnetsova demanding termination of the right to perpetual use of land. The basis for the claim was the neglected site, due to the long absence of the defendant.

As a representative of the administration testified, the territory of the allotment is not cleaned and weeds are not mowed, which causes inconvenience to neighboring properties. Citizen Vasnetsova did not appear in the village for more than three years. The defendant did not appear in Court.

Having considered the evidence presented: the commission’s report, photo and video footage, and having listened to the testimony of witnesses, the Court satisfied the plaintiff’s demands

Citizen Ivashchenko filed a lawsuit against the Administration of the rural settlement of Abramovka. He asked the Court to oblige him to return the right to own the land plot, since the actions of the administration, in his opinion, were unlawful.

The plaintiff presented to the Court evidence that he is the heir of the late owner of the disputed area, to whom it was allocated in 1991. Ivashchenko entered into inheritance rights.

The administration did not recognize the fact of a change in the owner of the plot and has currently initiated the construction of some kind of structure on the site, erected a fence and does not allow the plaintiff to enter the territory. The defendant's representative appeared in court. He could not provide substantiated evidence that he was right.

The court, having considered all the materials of the case, ruled in favor of the plaintiff, obliging the administration to demolish all illegally erected structures and recognize Ivashchenko’s right of inherited ownership.

Based on the fact that the state is trying to abolish the concept of lifelong ownership, it is recommended to re-register land as private property.

This gives the owner the right to dispose of property without restrictions: sell, donate, build, etc. Although compliance with land legislation is mandatory, as well as environmental standards.

As can be seen from the examples. There are different situations. At the same time, in order not to lead to negative consequences, you need to fight for your rights to the end. And then the plot will be yours with the right of lifelong inheritable ownership.

Agree, it’s not so bad to have such an asset.

Be sure to share with your friends!

It is impossible to sell a plot on the basis of lifelong ownership, but you can transfer this right to the new owner of a capital building. That is, the buyer receives ownership of the house, and the plot also has the right of lifelong ownership. Even if the purchase and sale agreement does not include a clause on the transfer of land to the new owner, this can be easily corrected by going to court.

There is no need to contact the administration. If you owned the land with lifelong land use rights, registration of property rights is carried out without a special decision (paragraph 4, clause 9.1, article 3 of Law No. 137-FZ). If you are denied registration in Rosreestr, go to court, appealing to this article, as well as to Art. 49 of Law No. 218-FZ.