14 of July. The Supreme court explained how you can get the land for nothing.
Pressing issues in gardening there are many. One of these difficult issues – the issue of ownership of allotments. The fact that the law on this issue is constantly changing, and 6 acres were given to the employees of some enterprises in the last century. So many gardeners have problems with documents. Somewhere there is a yellowed certificate horticultural society, where-and no help. Most businesses that issued these 6 acres, no longer exists.
What do the cottagers, if the cottage is, and to dispose of (sell, bequeath, present) it is impossible, if it is not framed in private property?
The Supreme court acknowledges that on this issue the country has not developed uniform practices. The fact that in some regions is allowed, in others prohibited.
Some courts considering the claims of citizens of the recognition of ownership of their own parts argue as follows. If the claim green thumb brought to local officials, he should refuse. Because the requirement is illegal. Land plots of gardening partnerships "is not framed as the objects of law" and not put on the cadastral account and not assigned a cadastral number. Therefore, the right of ownership to such land plot cannot be registered.
Other courts concerning similar claims declare the following: the formation of the site in the manner prescribed by law with the description and setting of boundaries is not a prerequisite for its privatization.
These courts believe that the great importance of 3 circumstances:
1) is the plot of the composition of the horticultural society;
2) this agricultural Association has been created before the entry into force of Law No. 66 "On the horticultural, gardening and dacha non-commercial associations of citizens" (ie 23.04.1998 – approx. author);
3) a citizen wishes to obtain land in ownership free of charge and is a member of this Association uses the land legally.
The Supreme court explained that the second position of the courts is correct.
So, what you need to know the owner of non-privatized land in the garden partnership? The Supreme court explained that, under article 25 of the Land code of the Russian Federation, the rights of citizens to land there on the grounds established by civil legislation, Federal laws and are subject to state registration in accordance with the Law On registration of rights to immovable property and transactions with it".
Considering the claims of citizens of the privatization of their plots, the courts must follow not only the laws, but still laws.
Thus, in accordance with the Procedure for issuing and registration of certificates of title land ownership (app. Reskomzema 20.05.1992 – approx. author), the basis for the privatization of land received before 1.01.1991 are issued at the time documents.
These documents include: state acts and decisions of relevant authorities on land grant. If these documents are missing, they can replace household or land-paper books and other documents available to the district committees on land reform and land management, or architectural bodies, or the land users themselves.
In the Law "About introduction in action of the Land code stipulates that if a citizen received a plot of land for gardening, garage construction or home for permanent or use or lifetime ownership to the enactment of the Land code, he has the right to register the land for themselves for free.
If your a citizen, the document does not contain the right or impossible to understand what right the citizen has provided the land, it is considered that the right of ownership.
