Rights and obligations of the land owner

What responsibilities does the owner of a land plot have?

In accordance with Article 42 of the Land Code of the Russian Federation, a list of responsibilities of owners of land plots and persons who are not owners of land plots is established for the use of land plots, according to which, owners of land plots and persons who are not owners of land plots are obliged to:

• use land plots in accordance with their intended purpose in ways that should not harm the environment, including the earth as a natural object;
• preserve boundary, geodetic and other special signs installed on land plots in accordance with the law;
• carry out measures to protect lands, forests, water bodies and other natural resources;
• promptly begin to use land plots in cases where the terms for the development of land plots are provided for in contracts;
• make timely payments for land;
• comply with the requirements of town planning regulations, construction, environmental, sanitary and hygienic, fire safety and other rules and standards when using land plots;
• prevent pollution, depletion, degradation, damage, destruction of lands and soils and other negative impacts on lands and soils;
• comply with other requirements provided for by the Land Code and federal laws.

One of the main responsibilities of land owners and non-owners is to use land plots in accordance with their intended purpose, belonging to a particular category of land and permitted use.

In case of failure to fulfill or improper fulfillment of the obligation to use land in accordance with their intended purpose, the owner of the land plot (a person who is not the owner of the land plot) may be held administratively liable in accordance with the legislation of the Russian Federation.

According to the provisions of Part 1 of Art. 8.8 Code of Administrative Offenses of the Russian Federation

the use of a land plot not for its intended purpose in accordance with its belonging to a particular category of land and the permitted use, or non-use of a land plot intended for agricultural production or housing or other construction, for the specified purposes within the period established by federal law, entails the imposition of an administrative a fine on citizens in the amount of one thousand to one thousand five hundred rubles; for officials - from two thousand to three thousand rubles; for legal entities - from forty thousand to fifty thousand rubles.

• The list of responsibilities of owners of land plots,
  as well as other persons for the use of land plots established by Article 42 of the Land Code of the Russian Federation, includes the obligation to preserve special signs installed on land plots in accordance with the legislation of the Russian Federation.

• In accordance with the Methodological Recommendations for Conducting Land Surveying of Land Management Objects
  (approved by Roszemkadastr), securing the boundaries of land management objects with boundary signs is carried out as one of the stages when carrying out land surveying.

The boundaries of the land management object, previously agreed upon with all interested parties, are fixed with boundary signs that record on the ground the location of the turning points of the boundaries of the land management object.

For the destruction or damage of boundary signs of the boundaries of land plots, as well as failure to fulfill obligations to preserve these signs in accordance with Part 1 of Article 7.2 of the Code of Administrative Offenses of the Russian Federation, the owner of the land plot, as well as another person who is not the owner of the land plot, may be subject to administrative penalties. For this violation, an administrative fine is imposed on citizens in the amount of three hundred to five hundred rubles; for officials - from five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles.

Legal regulation

In case of non-compliance with the rights of the owner of the land plot, he can file a claim with the Civil Court of the Russian Federation with a demand to restore the violated privileges and receive compensation in situations involving such a moment.

In actual case practice, most of the proceedings are distributed as follows:

• violation of the rights of the owner of real estate due to the actions of third parties. In this case, the plaintiff can base his claims on Art. 12 of the Civil Code of the Russian Federation, which precisely defines possible options for ensuring the safety of one’s rights in connection with their non-compliance or the prerequisites for this. The same act provides for methods of compensation for damage - both material and moral;
• challenging the degree of ownership of real estate. The review procedure will be regulated by Art. 59 of the Land Code of the Russian Federation.
  

  Important: to ensure compliance with legal norms, it will be enough to provide judicial officers with documents confirming the right to dispose of the site.

• in case of unauthorized use of the area by third parties without concluding an agreement with the owner of the territory, the latter may file a claim on the basis of Art. 60 Land Code of the Russian Federation.

  The provisions of this article provide for a similar development in the actions of citizens, therefore, in the presence of establishing documents, the victim will restore his rights in full. In this case, all buildings erected by the violator on the territory of the legal owner will be obligatory removed in the future;

• in Art. 61 of the Land Code of the Russian Federation strictly defines that if a normative act is incorrectly drawn up by executive departments that violates the rights of the owner, the court may, by its decision, annul the validity of the document.

Legal ownership of the area is quite subtly regulated by numerous articles of the country's codes, providing significant protection for the interests of the citizen. It is important to understand that in order to avoid problems with the court making the right decision, the owner must have all the title documents in hand.

Legislative acts

Understanding your rights and obligations to land is difficult not only because of their diversity, but also because of the large number of legislative acts regulating the position of owners. To best understand this issue, it is necessary to talk about the most important legislative acts that regulate all human rights and responsibilities. There you can find what constitutes the totality of the rights of the owner.

1. Constitution of the Russian Federation (in particular Art. 8 Part 2, Art. 34 Part 1, Art. 36 Part 1 and 2).
2. Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it.”
3. In the Civil Code, the rights and obligations of a person relating to the ownership of real estate are formulated in section II “Ownership rights and other real rights”.
4. Regulatory decrees of the President and government regulations.

The variety of legal acts regulating the rights and obligations of the owner when purchasing a land plot can be listed for a very long time. The important thing is that all legal norms for owning land property are enshrined in existing legislation, and violations of them are punishable by law.

Redistribution of plots

The legislation provides for the possibility of redistributing plots - this option is relevant for owners of several territories. During the implementation process, adjacent plots appear, while the existence of old ones ceases in accordance with the reissued documents.

Redistribution can be carried out when certain cadastral works have been carried out. Territories subject to the process must meet certain criteria:

• they are adjacent;
• when forming new boundaries, the rules of land surveying must be observed;
• each plot is located in the same municipality and has an identical land category.

Redistribution of plots
To activate the process, it is necessary to provide an application that reflects the consent of all plot owners to carry out the redistribution. If the procedure is implemented by decision of the judicial authorities, a written request from the owners is not required.

In most situations, the procedure is relevant due to the need to sell a share of land. For example, the owner of the territory wanted to transfer to his neighbor for a monetary reward only part of his plot, but not the whole. In this consideration, alienation is impossible without redistribution - a separate piece of land is not assigned a cadastral number.

Sample application for redistribution of plots

In the process of implementing the decision of the district administration, geodetic measurements and cadastral work are carried out. After their completion and regulatory registration, the owners acquire passports and other title documents for the site with new boundaries.

On a note

Citizens and legal entities are responsible for the maintenance of only the plots they own. If you have been unfairly accused, go to court and rely on federal law.

Pay attention to the concepts used by the inspection body. There should be no confusion between the definitions of “home” and “adjacent” territory. These are different concepts with different legal status.

If the boundaries of the land plot adjacent to the apartment building are not established, the plot itself is not specified, there is no plan diagram and there is no contrary evidence in the case, insist that you are right - you are not obliged to maintain such a territory.

Everyone is responsible!

Owning any real estate makes one responsible for its maintenance. In particular, the Civil Code in Art. 20 determines that the owner is responsible for preserving the living environment and not disturbing the existing condition of the land. For example, a person should not use harmful fertilizers that pollute the environment, and his irrigation procedures cannot greatly change the geodetic position of the soil.

A person is also responsible for the general condition of the land plot and buildings on its territory. If the site is located in a residential area, then it is necessary to comply with the existing regime conditions in this area. This is especially discussed in the Land Code Art. 85.

The owner's liability is regulated by the Civil Code and the Constitution of the Russian Federation . That is why a person should not focus only on his rights, ignoring his own responsibilities.

Buying a plot of land is always a responsibility, and that is why a person should carefully study all the pitfalls before moving on to the legal preparation of documents. Knowing his rights and obligations, the owner will never get into unpleasant legal troubles. How to register a plot of land under a house - read here.

Acquired rights

The acquisition of a land plot allows a person to acquire a whole list of new benefits that are regulated by Article 40 3K of the Russian Federation. What rights will the owner have, and are there any pitfalls here?

1. The right to dispose of mineral resources available on his site.
2. Possibility of constructing any objects on the land plot, including cultural and domestic purposes.
3. Possibility to carry out irrigation, reclamation and other works on the land plot.
4. The owner has the right to determine both the legal and actual fate of his plot (resale, taking out a loan for the plot, inheritance)
5. The owner has the opportunity to dispose of the entire harvest and all agricultural crops grown on the site.

In fact, the list of ownership rights to a house and land is practically not limited by modern legislation. The owner can resell the plot, alienate it in favor of another person, take out a loan for the land, and so on. In terms of legal disposal of inheritance and sale, the owner has a whole list of rights.

Also, the land owner has the right to use minerals found on the site for his own purposes. However, these minerals can only be used for one’s own use and not for sale. If the owner intends to sell the obtained minerals, he must obtain special permission. This point is widely discussed and stipulated in Article 18 of the Law “On Subsoil”.

It is also possible to mine minerals without using explosive procedures. This is stipulated in Art. 19 of the Law “On Subsoil”.

Another important right of the owner to the land is to conduct active irrigation and reclamation work on his site. Typically, such procedures have only one goal - increasing soil fertility. All operations that the owner has the right to carry out are actively discussed in the Law of January 10, 1996 N 4-FZ “On Land Reclamation”. However, the owner does not have the right to apply those operations that directly affect neighboring areas and lead to deformation of all existing soil.

Of course, all the crops grown on the plot go to the owner of the land. A person has the right to fully dispose of this harvest, including selling it.

What types of ownership of land plots - read by clicking on the link.