Privatization Of Land By Law - Required Documents

2024 Author: Sebastian Paterson | [email protected]. Last modified: 2023-12-16 13:47

Is it possible to privatize common land - roads, ditches, etc.? And who has the right to do so?

A gardening non-profit partnership, as a legal entity, has the right to privatize common land. Common lands: roads, driveways, fire reservoirs, etc. cannot be transferred to the ownership of individuals.

Is it possible to privatize your plot on the basis of a general cadastral gardening plan without doing your own, as it is expensive?

To privatize your land plot, you need to perform geodetic surveying with office processing and land surveying. The collected documents are submitted to the cadastral chamber of the district administration for registering the land plot on cadastral registration and assigning a cadastral number to it. There are no other ways to unambiguously identify a land plot; a general cadastral plan for gardening is not a basis for assigning cadastral numbers to individual plots without carrying out land surveying work on each of them.

How legitimate is the privatization carried out by gardening?

Most likely, you mean the privatization of common land SNT. If at the same time the necessary conditions are met: a cadastral survey has been carried out, a cadastral map with a cadastral number has been received, the privatization is legal.

How is the legal succession of horticultures determined, if they previously belonged to enterprises? Now there are no enterprises. Whose lands?

Gardening has never been owned by an enterprise. It is difficult to imagine gardening located on the premises of the enterprise, for example, between workshops and warehouses. But seriously speaking, in ancient times, the organization of horticulture: negotiations on the allocation of land, regulation of queues for joining horticultural cooperatives and issuing recommendations to advanced workers for receiving plots were engaged in trade union and party committees, which worked mainly according to the branch principle. Therefore, the vast majority of the members of each particular gardening were employees of the same organization, the name of which often appeared in the name of the gardening.

At the same time, the lands were owned by the state, and material values were collectively owned.

Currently existing horticultural non-profit partnerships are legal entities acting on the basis of the Charters of SNT in accordance with Federal Law No. 66-FZ of 15.04.1998 "On horticultural, vegetable gardening and dacha non-profit associations of citizens."

In the event that privatization measures for common lands have been carried out, this land is owned by SNT, as a legal entity. If not, the land belongs to the state.

What is the list of legislative acts regulating land issues?

It is hardly possible to give an exhaustive list of laws and regulations governing the entire range of issues related to land use. In practice, more often than others, it is necessary to apply the norms of the following laws:

The Land Code of the Russian Federation, enacted by Federal Law No. 137-FZ of 25.10.2001

Federal Law No. 172-FZ of December 21, 2004 "On the transfer of lands and land plots from one category to another."

Federal Law No. 122-FZ of 21.07.1997 "On state registration of rights to real estate and transactions with it."

Federal Law No. 66-FZ of 15.04.1998 "On horticultural, vegetable gardening and dacha non-profit associations of citizens."

In addition, there are a large number of laws governing the development and turnover of land, compliance with environmental and sanitary and epidemiological standards, inheritance of land plots, use of lands in collective and shared ownership, seizure and alienation of land, etc. Changes in existing laws are made annually, new ones are adopted. It is not easy to trace the entire process of changing legislation, to understand the relationship between various legislative acts. That is why at present, specialized legal organizations have been created that deal with the complex solution of legal problems related to land use.