Legal encyclopedia. The letter O

THE BASIS OF THE EARNING OF LAND RIGHTS

- legal facts - events with which the law relates the emergence, change or termination of civil rights and obligations. Such grounds may be: contracts and other transactions provided for by law, as well as contracts and other transactions, although not stipulated by law, but not contradicting it; Acts of state bodies and local self-government bodies that

Are provided by law as grounds for the emergence of private property rights to land; Judicial decision; As a result of the acquisition of property on the grounds permitted by law; Due to other actions of citizens and legal entities; Due to the events with which the law or other legal act links the onset of civil and legal consequences.

Grounds for acquiring rights to land are divided into 2 groups. The first group includes the grounds for acquiring the right of ownership of a land plot, and to the second, the grounds for acquiring rights to a land plot, derived from the ownership of it.

The grounds for acquiring property rights are usually divided into initial ones, i.e. Not dependent on the rights of the previous owner on the given thing, and derivatives, under which the ownership of the thing arises from the will of the previous owner (for example, under the contract). The difference between these ways of acquiring property rights is reduced to the presence or absence of succession.

To the original grounds for the acquisition of the property right, civil

Legislation includes: the emergence of ownership of newly created real estate; Processing; Access to public property for collecting things; Unauthorized construction; Acquisition of ownership of movable and immovable ownerless things. Of all the grounds for acquiring ownership of land, only art. 234 of the Civil Code, which regulates the issues of acquisitive prescription.

To acquire the right of ownership of a land plot on the basis of acquisitive prescription, it is necessary to fulfill several conditions. A person must own a land plot for which he did not have any rights, formalized in accordance with the procedure established by law. Such ownership of the land plot should be conscientious, and therefore, the actual ownership of the site can not be based on any illegal actions of the owner, which constitute the crime or administrative misconduct. Possession must be open, i. E. Other persons should be aware of its fact, and continuous (within the period established by law).

However, there are other features of the application of acquisitive prescription, which consist in the fact that it can be applied only to those land plots that are privately owned and that the person owns, provided that the above conditions are met.

According to Art. 25 of the RF LC, the rights to land plots arise on the grounds established by civil legislation, federal laws, and are subject to state registration in accordance with the Federal Law "On state registration of rights to real estate and transactions with it." The act of state registration of rights to real estate and transactions with it is a mandatory, "final" element of the legal fact, as a result of which rights to real estate arise, change and terminate, including land plots. The purpose of state registration of real estate rights is to ensure guarantees of stability of real estate turnover by the state through the application of elements of public law regulation. The means to achieve this goal is the creation of a special unified information system for the entire country about registered real estate rights.

State registration of real estate is provided for in Art. 131 of the Civil Code, according to which the right of ownership and other proprietary rights to immovables, the limitation of these rights, their occurrence, transfer and termination are subject to state registration in a single state register by the institutions of justice.