Legal problems of the concept of land in current domestic legislation


What information about land plots is included in the real estate cadastre?

Clause 2 of Art. 8 of the Real Estate Registration Law tells us the following:

Basic information about land plots includes characteristics that make it possible to define a plot as an individually defined thing, as well as characteristics that are determined and changed as a result of the formation of land plots and clarification of the location of the boundaries of land plots.

Thus, the basic information about land plots that are entered into the real estate cadastre are the characteristics that are discussed in the definition of a land plot from clause 3 of Art. 6 Land Code of the Russian Federation.

The list of basic information about land plots is provided in clause 4 of Art. 8 of the Law on Real Estate Registration:

  1. cadastral number and date of its assignment;
  2. description of the location of the boundaries of the land plot on the ground;
  3. previously assigned state registration number (cadastral, inventory, conditional number or account number in the state forest register),
  4. cadastral number of the land plot from which the new land plot is formed;
  5. information about the termination of the existence of the land plot and the date of exclusion of information about it from the Unified State Register of Real Estate;
  6. land area;
  7. registration numbers and information about the cadastral engineer who performed cadastral work in relation to the land plot, the number and date of conclusion of contracts for cadastral work;
  8. information about part of the land plot;
  9. cadastral number of the formed land plot - in relation to the original plot;
  10. cadastral numbers of real estate located within the land plot;
  11. number of the cadastral quarter in which the property is located.

In accordance with paragraph 3 of Art. 8 of the Law on Real Estate Registration for additional information about the land plot:

includes information that changes on the basis of decisions (acts) of state authorities or local governments, information contained in other state and municipal information resources (except for basic information about a land plot), and information that is entered in the notification procedure (h 1 - 3 Article 38 of the Law on Real Estate Registration).

The Law provides the following additional information about land plots (clause 5 of Article 8 of the Law on Real Estate Registration):

  1. information on cadastral value;
  2. information about forests, water bodies and other natural objects located within the land plot;

  3. category of land to which the land plot is assigned;
  4. type or types of permitted use;
  5. information that the land plot is fully or partially located within the boundaries of a zone with special conditions for the use of the territory or the territory of a cultural heritage site, the boundaries of a public easement, including restrictions on the use of the land plot established for such a zone, territory or in connection with the establishment of a public easement;
  6. information that the land plot is located within the boundaries of a specially protected natural area, hunting grounds, forest areas;
  7. information that the land plot is located within the boundaries of a special economic zone, a territory of rapid socio-economic development, a territorial development zone in the Russian Federation, a gambling zone;
  8. information on the results of state land supervision;
  9. information about the location of the land plot within the boundaries of the territory in respect of which the territory surveying project has been approved;
  10. information on the adoption of an act and (or) conclusion of an agreement providing for the provision, in accordance with land legislation, by the executive body of state power or local government of a state or municipally owned land plot for the construction of a rented house for social use or a rented house for commercial use or for the development of territory in for the purpose of construction and operation of a rented house for social use or a rented house for commercial use, or information about the decision of the owner of a privately owned land plot to build on such a plot of land a rented house for social use or a rented house for commercial use, or about the agreement of the specified owner of the land plot with a state authority, local government body or other person who provided the said owner, in accordance with housing legislation, with state, municipal and (or) other support for the creation and operation of a rented house for social use on such a land plot, if the real estate is a land plot;
  11. conditional number of the land plot formed in accordance with the approved land survey project, the land survey project or land plots or the layout of the land plot or land plots on the cadastral plan of the territory, and details of the decision on the approval of this territory survey project or the decision that provides for the approval of this scheme;
  12. information about the existence of a land dispute regarding the location of the boundaries of land plots in the case provided for in Part 5 of Article 43 of this Federal Law;
  13. location address;
  14. information that the land plot or land plots were formed on the basis of a decision to seize the land plot and (or) the property located on it for state or municipal needs;
  15. information that the land plot is formed from lands or a land plot, state ownership of which is not demarcated, as well as information about the body authorized in accordance with the Federal Law of October 25, 2001 N 137-FZ “On the entry into force of the Land Code of the Russian Federation” Federation" for the disposal of such land;
  16. information on limiting the turnover of a land plot in accordance with Article 11 of the Federal Law of May 1, 2021 N 119-FZ “On the specifics of providing citizens with land plots that are in state or municipal ownership and located on the territories of the constituent entities of the Russian Federation that are part of the Far Eastern Federal District , and on amendments to certain legislative acts of the Russian Federation”, if such a land plot is provided for free use in accordance with the specified Federal Law.

As an object of evaluation

All land that is used in the national economy can be considered as a financial instrument that generates a certain income. At the same time, they consider it as a separate plot of land and as part of a real estate property, i.e. together with the buildings, structures, etc. located on it.

The site is assessed taking into account the use of the land:

  • for the extraction of mineral resources and minerals;
  • for agriculture;
  • forestry;
  • as a space for the development of the economic and social sphere;
  • to shape the environment in which the population lives;
  • environmental safety.

What information about land plots is included in the register of real estate rights.

Basic information about rights to land plots, restrictions on rights and encumbrances, and transactions with them (clause 2 of Article 9 of the Law on Real Estate Registration):

  1. type of property right, registration number and date of state registration of the right;
  2. information about the person for whom the right to the property is registered, records about previous copyright holders, as well as in relation to such persons who are individuals - the insurance number of an individual personal account in the compulsory pension insurance system, if such a number is assigned in the prescribed manner;
  3. information on the basis for the emergence, change, transfer and termination of the right to the property;
  4. type of registered restriction on the right or encumbrance of the property, registration number and date of state registration of such restriction or encumbrance;
  5. information about persons in whose favor restrictions on the right or encumbrances of the property are established, as well as in relation to such persons who are individuals - the insurance number of an individual personal account in the compulsory pension insurance system, if such a number is assigned in the prescribed manner;
  6. grounds for the emergence, change, termination of restrictions on the right or encumbrances of the property;
  7. details, essential terms of the transaction or transactions.

Additional information about rights to land plots in the register of real estate rights (clause 3 of article 9 of the Law on Real Estate Registration):

  1. information about an objection to the registered right to a land plot of a person whose corresponding right was previously registered in the Unified State Register, about the existence of a legal dispute regarding the registered right, about the impossibility of state registration of the right without the personal participation of the right holder or his legal representative, about the recognition of the right holder as incompetent, limited legally competent, on the possibility of submitting an application for state registration of the transfer, termination of property rights belonging to an individual, and documents attached to it in the form of electronic documents and (or) electronic images of documents signed with an enhanced qualified electronic signature (hereinafter referred to as records of marks in the register of rights for real estate);
  2. information about the receipt of applications for state registration of rights, transactions, as well as the date of receipt of such applications;
  3. information on the state registration of a transaction or state registration of rights on the basis of a transaction made without the consent of a third party, a body of a legal entity or a state body or local government body required by law in cases where such transactions are not void by force of law;
  4. the size of the share in the right of common shared ownership of a land plot, which is the common property of the owners of premises in a real estate property located on the site;
  5. email address and (or) postal address of the copyright holder;
  6. information about the decision to seize a land plot for state or municipal needs;
  7. information about the suspension for a certain period of time by the developer of activities related to raising funds from participants in shared construction for the construction (creation) of apartment buildings and (or) other real estate, in accordance with Part 15 of Article 23 of Federal Law of December 30, 2004 N 214- Federal Law “On participation in shared construction of apartment buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation”;
  8. information about the collateral manager and about the collateral management agreement, if such an agreement was concluded to manage the mortgage;
  9. other information in cases provided for by federal law.

This is all the basic theoretical information you need to know about a land plot as an object of law. More detailed specific information will be provided in separate materials.

Thank you. End.

The concept of one-sided transactions

When making a unilateral transaction with any type of real estate, including plots of land, a decision of one party is sufficient. One type of such transaction is the execution of a will. Several people can be recognized as one party, for example, when drawing up a power of attorney for the sale of a plot that is in their common ownership.

You can familiarize yourself with the concept of “land plot” in the Land Code here.

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