A land plot and a part of a land plot as objects of land and property relations
https://doi.org/10.31429/20785836-16-1-72-80
Abstract
The purpose of this article is to study the concept and features of a land plot and part of a land plot as objects of land and property relations in legislation and legal doctrine. To achieve this goal, it seems necessary to analyze the legal definition of a land plot, as well as the doctrinal definitions of a land plot and its part, identify their advantages and disadvantages, and propose an author's own definition of these concepts.
The purpose and objectives of the work determined the methodology of this study, which is based on a number of methods, in particular: analysis and synthesis, comparative legal, formal logical, dialectical method of cognition of social phenomena and processes.
As a result of the research, the author formulated his own definitions, as well as some recommendations regarding the improvement of Russian land legislation. In particular, it is proposed to formulate the following definition of a land plot in paragraph 3 of Article 6 of the Land Code of the Russian Federation: a land plot as an object of land relations ‒ This is a part of the earth's surface, the boundaries of which are defined in accordance with federal laws. The vertical lower boundaries of the land plot are established in accordance with the legislation on subsoil use, and the vertical upper boundaries of the use of airspace above the land plot should be determined by a universal formula "to the limits necessary for the proper use of the land plot".
We also recommend including in clause 3 of Article 6 of the RF CC a legal definition of a part of a land plot as a technically and legally formed and individualized component of an entire land plot in accordance with the requirements of the legislation.
About the Author
I. A. Eliseeva
FGBOU VO "Kuban State University"
Russian Federation
Russian Federation
Inga A. Eliseeva, Cand. of Sci. (Law), Associate Professor of the Department of Civil Law
Gavrilova str., 62, sq. 20, Krasnodar, 350020
Tel.: +7 (918) 320-44-16
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Review
For citations:
Eliseeva I.A. A land plot and a part of a land plot as objects of land and property relations. Legal Bulletin of the Kuban State University. 2024;(1):72-80. (In Russ.) https://doi.org/10.31429/20785836-16-1-72-80
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