RE-REGISTRATION OF LIMITED PROPERTY RIGHTS OF CITIZENS TO LAND PLOTS: PROBLEMS OF INTERPRETATION OF LEGISLATION

  • G.L. Zemlyakova
    • Institute of State and Law of the Russian Academy of Sciences
Keywords: land plot, permanent (perpetual) use, ownership, recognition of rights, state registration of rights, inheritance

Abstract

The writing of this article provoked the entry into force on July 1, 2022 of the updated norms of legislation on "dacha amnesty", equating the right of permanent (indefinite) use and lifelong inherited ownership of a land plot to the right of ownership of it. The author analyzes the practice of applying the provisions of legislation establishing the right of ownership of citizens to land plots in cases where the documents for such plots do not indicate the right on which it was granted, or the type of right cannot be established. Drawing the corresponding analogies between these norms, the author comes to the conclusion that the legislative innovations will hardly simplify the acquisition of land plots by the heirs of citizens to whom they were granted the right of permanent (indefinite) use, and will be implemented outside the judicial procedure for recognizing ownership of land plots.

References

Received 2022-07-05
Published 2022-08-02
Section
Jurisprudence
Pages
690-698