Land Use Rights

General Provisions

Land Use Rights – this is a complex of legal rights granted to individuals for the use of land resources. In Russian land law, various types of land rights are distinguished, each of which has its own characteristics, rights and obligations. Knowledge of these rights and their proper use are important aspects of land legislation. Land use rights may be associated with ownership rights, right of use, as well as lease and servitudes.

In accordance with the Civil Code of the Russian Federation and the Land Code of the Russian Federation, rights to land plots can be classified as follows:

• Property rights over land plot – this is the most comprehensive right to land, encompassing the right to manage, use, and possess the land plot. The owner of land may utilise the plot for any purposes permitted by law, rent it out, transfer it for use, as well as sell or exchange it. This right is protected by the state and may be restricted only in cases where use of [land](/enc/9280/

"Definition of the term 'Land' in the legal encyclopedia") violates law.

• Right to lease a land plot – this is the right to temporary use of a land plot, under which the lessee does not have ownership rights to the land but has the right to use it for a certain period. The lessee is obliged to pay rent and comply with the terms of the lease agreement. This right may be long-term or short-term, depending on

conditions of the contract. Lessee may also make improvements on the land plot if this is provided for in the lease agreement.

• Right of perpetual use – this type of right to land allows citizens or legal entities to use land plot on a permanent basis. This right may be established, for example, with respect to land plots transferred for use in agriculture, construction, and other purposes which may not require the return of the land plot after

on expiry of the term.

• Right of temporary use of a land plot – this is a right valid for a specific period and allows the use of land with the possibility of extension. An example of such a right is the temporary use of land plots for agricultural production or for construction of facilities on land plots belonging to state or municipal authorities.
• Right of servitude – this is a limited right to a land plot, which provides the possibility

use someone else's land for specific purposes. Servitudes can be established in order to ensure passage or transit through another person's land plot, use the land for laying out utilities or other needs. Servitude can be established either by agreement of the parties, as well as by decision of a state authority.

• Right of Perpetual Inheritance Possession –

This type of land right grants the right to own a land plot for life, with the right to transfer it by inheritance. This right is often applied in cases where land plots are transferred to citizens for personal subsidiary farming.

• Right of temporary use – this is the right to use a land plot for a certain period not exceeding five years. This type of right is frequently used for temporary construction, creation of garden or dacha plots. This

The right is restricted in its scope and does not contemplate the possibility of extension without entering into a new agreement.

Features of acquiring rights to land plots may vary depending on the method of acquisition, which can be different depending on the type of right and the situation. There are several methods of acquiring rights to a land plot, including:

• Privatization of land plots – process of transferring land plots into ownership by citizens or legal entities. Privatization is usually carried out by state or municipal authorities, and it may be conducted based on decisions made by local self-government bodies. In order to obtain the right of ownership over land through privatization,

it is necessary to comply with certain legal procedures and meet the requirements of legislation.

• Purchase and sale of a land plot – one of the most common ways to acquire ownership rights to a land plot. A land plot can be purchased from an individual or legal entity, as well as from state or municipal authorities. The transaction of purchase and sale must be concluded in writing, and its terms should

comply with land legislation requirements.

• Inheritance of land plots – ownership rights to a land plot may be transferred by inheritance. In this case, heirs receive all rights to the land depending on how the will was formalized or what the legislative regulation of inheriting land plots provides.
• Land reform – in some cases state authorities may transfer land plots into private ownership during reforms, as

This occurred in Russia in the 1990s. The land reform included actions for transferring land plots to peasants and other citizens, ensuring the development of private land ownership.

Restrictions on land use rights are also important for maintaining order in land use. Legislation provides for several types of restrictions, among which:

• Land Zoning – legislation often regulates land use depending on its purpose (agricultural, forest, conservation, and other zones). Violation of these restrictions may result in termination or restriction of the right to a land plot.
• Prohibitions on Land Use – for example, law may prohibit [construction](/enc/13924/

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• Taxes and fees on land plots – in cases of non-payment, land rights may be restricted or revoked. Land taxes also serve as a tool for regulating the use of land resources.

Thus, rights to land plots are an important element of land legislation, which regulates the use of land as a resource, and also guarantees legal protection of the interests of land owners and users. These rights ensure efficient use of land resources, contribute to sustainable development and environmental protection.