Legal Encyclopedia. The letter P

Permanent land use (in perpetuity)

- Is one of

property rights to land, which is governed by the two branches of law, namely civil law and land law.

Since this matter has been settled by several branches of law, it should be noted that at some point they come into conflict, so the application is subject to the legislation of the sector, which came into effect later, ie, Land Code.

In accordance with Civil Code and the Land Code land provided in this law, are state or municipal

property and transmitted to such use

based on the decision of a state or municipal body authorized to provide land.

ZK elaborated composition of persons to whom land may be granted to

1) state and municipal

P. (B) P.Z .:

institutions;

2) the federal public enterprises;

3) bodies of state power and local self-government.

Of the Civil Code includes this list and the citizens, but the date of entry into force of the Land Code of the Russian Federation is entitled in respect of them shall not apply. Virtually all citizens, land users have the right to acquire ownership of land, which they use to AP (B) PZ in the property through the privatization of land in accordance with the law of the Russian Federation.

Refuse to provide a citizen plot possible if doing so would exceed the established limit values ​​of land or if a citizen makes a transaction for the disposal of previously provided free land.

Of the Civil Code recognizes the owner of the property, located on another plot of land, the right to use part of the site. LC RF establishes that a person acquires the right to use the relevant part of the land on which the real estate asset (but not P.

(B) PZ). the property owner has a preferential right to purchase or lease land.

RF LC does not allow disposal of land, which is used in the SP (B) PZ, and of the Civil Code states that the person to whom the land granted for permanent use, can provide this site to other persons the right to lease or gratuitous urgent use only with the consent of the site owner. But as ZOC rules take precedence action, said GK rules shall not apply.

A land user shall have the right, unless otherwise provided by law, to use their own land for its intended purpose, including for the construction of these objectives in the area of ​​buildings, structures and other real estate.