Article 44. Grounds for termination of ownership of a land plot. The right of ownership to a land plot terminates when the owner of his land plot alienates other persons, from

Termination of land ownership is a procedure established by the legislator, associated with some difficulties and subtleties of proper registration.

The grounds for termination of ownership are the actual reasons that arise for the owner and interested parties. The list of grounds for carrying out this procedure is established by law. For reasons beyond the scope of this list, a person’s ownership of a land plot cannot be terminated. Also, citizens of the Russian Federation have the right to voluntarily give up their property in the prescribed manner.

Basic legal provisions

The process of land alienation is set out in detail in land and civil legislation. The right of citizens to acquire plots of land and dispose of them is established by the Constitution of the Russian Federation.

The main, fundamental law of Russia, the Constitution, contains the following information that directly relates to the rights of citizens to dispose of property:

Every citizen of the Russian Federation can own a land plot as a property
owners can use and dispose of their land within the framework of the rules established by law. In other words, the actions of the owner in relation to the land owned by him should not violate the rights and legitimate interests of third parties or the provisions of the law. Also, the use of land should not harm the environment
the conditions and procedure for the use of plots are established by law

A strict hierarchy is established in the legislative system, therefore regulations adopted by the Russian Government should not conflict with the Constitution.

This principle forms the basis for the procedure for liquidating property rights to land plots. The basic rules of this procedure are contained in the Land Code:

the property right to a land plot is terminated upon the specific expression of the will of the owner, executed in compliance with the procedure established by law
ownership of land can be forcibly terminated if there are grounds established by law and through an approved procedure
both methods of liquidating rights to land plots are set out in detail in the Civil and Land Codes, as well as the Federal Laws of the Russian Federation
a citizen’s property right can be canceled regardless of how the land was acquired (through purchase and sale, privatization, inheritance or other similar methods)

In many situations, especially those related to the forced termination of land ownership, it is advisable for citizens to seek qualified legal assistance to more effectively protect their rights and interests.

Article 44. Grounds for termination of ownership of a land plot

The right of ownership of a land plot is terminated when the owner alienates his land plot to other persons, the owner renounces the right of ownership of the land plot, or on other grounds provided for by civil and land legislation.

The grounds for termination of ownership of a land plot are given in Article 44 of the Land Code of the Russian Federation.

Features of foreclosure

Seizure of a plot of land for ransom due to the needs of the municipality or the state is the process of one of two bodies, which is aimed at forcibly terminating ownership through the court, but with compensation to the owner for the value of the seized real estate. This circumstance applies to both legal entities and individuals, so it is almost impossible to completely insure against such a risk.

Grounds for termination of land rights

The grounds for termination of proprietary rights to land are mostly regulated by the Land Code. The basis itself is the reason, in the presence of which the owner of the plot is deprived of his rights to use, own or dispose of the property.

The grounds for termination of rights to land can be divided into two fairly broad groups:

Voluntary termination of rights. This group includes the grounds on which a person voluntarily alienates his property. To carry out the procedure, a specific expression of the will of the citizen regarding the transfer of his property to another person is required. Such cases include the sale of land, transfer as a gift, or for rent. The legislation also establishes the possibility for citizens to voluntarily renounce property in favor of the state or third parties
Forced liquidation of land rights. With such a procedure, the rights to a citizen’s property are terminated without taking into account his opinion. The grounds on which a person’s property rights are forcibly liquidated are established by land and civil legislation. The reasons and procedure for depriving a citizen of property should not conflict with the laws of the Russian Federation. The procedure for liquidating property rights is clearly regulated by the legislator

Failure to comply with the requirements of the legislation of the Russian Federation when liquidating property rights to land entails the invalidity of the procedure, regardless of who carried out it. If a person has compelling reasons, they can initiate legal proceedings and regain their rights to the plot.

Article 44. Grounds for termination of ownership of a land plot

A citizen or legal entity may renounce ownership of a land plot by declaring this or taking other actions that definitely indicate his removal from ownership, use and disposal of property without the intention of retaining any rights to this property, Art.

Nuances of voluntary alienation of rights to a land plot

A citizen’s property rights are voluntarily annulled, as a rule, upon concluding any transaction. Such situations include the sale of property, donation, transfer by will. To formalize the alienation of a land plot for compensation or gratuitously, it is typical to draw up a written agreement and subsequent registration of the transfer of rights with the competent authority. Thus, voluntary alienation of land is carried out in two stages:

Make a deal. The parties must agree on all essential terms of the transfer of property and record their rights through a written document. Participants in a transaction have the right to use notary services to certify the transaction. In some cases, notary support is mandatory
Registration of transfer of ownership. Next, the agreement and the package of necessary documents are transferred by the parties to the Federal Registration Service or the Multifunctional Center, where information about the new owner is entered into the state register

State registration of a transaction is a mandatory procedure, without which legally significant consequences will not occur and ownership will not be transferred.

Land lease is also registered if the agreement is concluded for a period of more than 1 year. When leasing, the right to use a land plot is voluntarily transferred by a person to another party for a certain period.

When voluntarily transferring property rights to land, prohibitions on the alienation of certain categories of land should be taken into account. Thus, plots withdrawn from circulation cannot become the subject of civil legal relations.

When selling agricultural land, you should notify the administration of the locality, since state and municipal bodies have the right of priority to purchase such plots. This rule does not apply to plots provided for individual housing construction or the construction of a garage, as well as summer cottages or garden plots.

Article 44. Grounds for termination of ownership of a land plot

ST 44 Land Code of the Russian Federation

Thus, during the land reform, lands occupied by agricultural enterprises were privatized, i.e.

Nuances of forced termination of rights

Forced termination of land rights

Compulsory termination of land rights is a more complex legal process. The procedure for forced termination of rights to land is established by the legislation of the Russian Federation.

As noted earlier, the essence of this type of deprivation of rights is that the owner of the land plot is not asked about his desire to part with his property.

The decision on forced termination of rights is made by the relevant government agencies.

A citizen may be forcibly deprived of land ownership rights in the following situations:

in case of violation of the terms of the contract by the current owner of the land, according to which he received it into ownership (termination of rights is carried out through judicial debate, the initiator of which, as a rule, is the opponent of the land owner in a specific transaction);
if the state needs to withdraw a land plot for state or municipal needs (termination of rights is carried out by decision of authorized government agencies);
when a court decides by which the owner of the land undertakes to give it up as payment for actions committed, otherwise this process is called “confiscation” (termination of rights is carried out by the court);
if the state needs to seize land in order to protect society, citizens of the country and national security in general, otherwise - “requisition” (termination of rights is carried out by decision of authorized government agencies).

The process of compulsory expropriation of rights does not require the participation of the land owner, except in cases where the issue is resolved in a judicial body.

As a result of the action to deprive the rights to the land, the former owner will receive a corresponding notification and, if this is provided for by law, compensation for the “taken away” property.

Do not forget that any forced termination of rights to land can be challenged in court by the former owner of the land.

Do not forget that any forced termination of rights to land can be challenged in court by the former owner of the land.

Nuances of forced termination of rights

A person’s ownership right to a plot of land may be liquidated without taking into account his opinion in the following cases:

in case of improper use of the plot (such cases include idle land for three years or carrying out work that harms the properties of the land and the environment)
buyout or seizure of land for the needs of the municipality or the state (this may be the need to lay power lines or locate other significant facilities)
requisition (if urgent circumstances arise in order to ensure the safety of citizens or the state as a whole, a land plot may be confiscated from a person with return or subsequent compensation)
seizure of land that, for reasons established by law, cannot belong to a citizen
confiscation (seizure of property for the purpose of punishment for an offense and/or compensation for harm caused)

At the same time, land cannot be forcibly confiscated from citizens in cases that are not regulated by current legislation.

Property, including a plot of land, may be confiscated from a person if there are debt obligations that have not been fulfilled in order to pay off the debt. This procedure is carried out only through judicial proceedings.

Nuances of foreclosure

State or municipal bodies have the right to confiscate land from citizens with subsequent compensation in order to implement various programs for the placement of significant objects. The liquidation of a person’s rights is carried out through acts of federal laws or acts of constituent entities of the Russian Federation. At the same time, it is impossible to seize citizens’ land within the city for development.

The authorities are obliged to warn the owner of the plot one year before the seizure. The decision to hold such an event must be registered with Rosreestr. The owner retains his rights until the relevant court decision is made or the voluntary signing of a document on seizure with compensation.

A state or municipal body buys the land at market value, and the buildings on the site are also paid for. The amount received by the owner excludes expenses that he incurs for construction and other actions that contribute to an increase in market value and carried out after receiving notice of seizure.

When determining the market value of a site, it is necessary to contact specialists who perform an independent assessment. The owner has the right to disagree with the conditions provided by state or municipal authorities. In this case, the buying party initiates legal proceedings, during which the legality of the redemption and the sufficiency of the conditions offered to the owner are determined.

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