Table of contents:
- All garden plots in our gardening have been privatized, except ours. Now 5 acres have been cut off from this plot, and they generally want to sell the land. How can I keep the rights to it?
- If the owner of a non-privatized plot dies, who owns the land? Does horticulture have the opportunity to re-register ownership at a general meeting?
Video: How To Protect Your Rights To A Site
2024 Author: Sebastian Paterson | [email protected]. Last modified: 2023-12-16 13:47
All garden plots in our gardening have been privatized, except ours. Now 5 acres have been cut off from this plot, and they generally want to sell the land. How can I keep the rights to it?
It is not entirely clear from your question how the weave were "cut off" and who wants to sell your plot. In any case, you need to conduct a cadastral survey, get a cadastral map with a cadastral number and a certificate of ownership of the land. If after that you consider that your rights have been violated, you have the right to apply with a reasoned statement of claim to the judicial authorities, demanding a control measurement of your site and the sites of neighbors. In the event that it is established that the actual boundaries of neighboring plots extend to the land that is in your ownership, the legal territory of your plot will be restored on the basis of a court decision.
If the owner of a non-privatized plot dies, who owns the land? Does horticulture have the opportunity to re-register ownership at a general meeting?
In accordance with clause 3 of FZ-137, the right to life-long inheritable land ownership is not limited. Thus, there are no negative consequences for citizens who have not re-registered their rights. However, some problems may arise when inheriting a land plot that is inherited for life. Unlike the common property right, the law does not provide for the common ownership right. Therefore, if there are several owners, and the plot is not subject to division for some reason, it is necessary in each specific case to decide the issue of transferring the right of inherited life-long ownership of the land plot to one of the heirs and on paying the rest of the compensation for their share.
For the same and other obvious reasons, immediately after the settlement of problems related to inheritance, it makes sense for the new owner, without delay, to address the issues of privatization of the site.
Decisions made by the board or general meeting of gardening aimed at transferring, selling or dividing individual land plots that are in the possession of a gardening partnership as a legal entity, after the entry into force of the Land Code of the Russian Federation, are illegal, and all transactions concluded with such plots are negligible, i.e. are invalid.
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