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The Civil Code of the Russian Federation

(with the Additions and Amendments of February 20, August 12, 1996,
October 24, 1997, July 8, December 17, 1999, April 16, May 15,
November 26, 2001, March 21, November 14, 26, 2002,
January 10, March 26, November 11, December 23, 2003)

Part I
Section II
Chapter 17
The Right of Ownership and the Other Rights of Estate to the Land

Chapter 17. The Right of Ownership and the Other Rights of Estate to the Land

Article 260. The General Provisions on the Right of Ownership to the Land


1. The persons, having in their ownership a land plot, shall have the right to sell it, to make a gift of it, to pledge it or to give it in rent, and to dispose of it in any other way (Article 209), so far as the corresponding lands have not been withdrawn from, or restricted in the circulation in conformity with the law.
2. On the ground of the law and of the law-established order, shall be defined the lands, intended for agricultural and other purposes, whose use for the different purposes is not admitted or is restricted. The land plot, referred to this category of lands, may be used within the limits, defined by its intended purpose.

Article 261. The Land Plot as an Object of the Right of Ownership


1. The territorial boundaries of the land plot shall be delineated in conformity with the order, established by the land legislation, on the grounds of the documents, issued to the owner by the state bodies, responsible for the land resources and for the organization of the use of land.
2. Unless otherwise decreed by the law, the right of ownership to the land plot shall be spread to the surface (the soil) layer, the closed water bodies, the forests and the other plants, situated within the boundaries of this land plot.
3. The owner of the land plot shall have the right to use at his own discretion everything, which is over and under the surface of this land plot, unless otherwise stipulated by the laws on the mineral wealth and on the use of the air space and by the other laws, and so far as it does not violate the rights of the other persons.

Article 262. The Land Plots of the Common Use. Access to the Land Plot


1. The citizens shall have the right to freely pass, without being obliged to draw any permits, to the land plots, which have not been closed for the common access, in the state or in the municipal ownership, and to use the natural objects, located on these plots within the limits, admitted by the law and by the other legal acts, as well as by the owner of the corresponding land plot.
2. Unless the land plot has been fenced off or its owner has clearly indicated that no trespassing is admitted without his permission, any person shall have the right to walk across the land plot under the condition that this does not inflict a loss or cause worry to the owner.

Article 263. Construction on the Land Plot


1. The owner of the land plot shall have the right to erect on it buildings and structures, to rebuild or to pull them down, and also to permit the construction on his land plot to the other persons. These rights shall be exercised under the condition that the town-development and construction norms and rules, as well as the demands with regard to the intended purpose of the land plot (Item 2 of Article 260) be complied with.
2. Unless otherwise stipulated by the law or by the agreement, the owner of the land plot shall acquire the right of ownership to the building, the structure or the other kind of the immovable property, which he has erected or created for himself on the land plot in his ownership. The consequences of the unauthorized construction, effected by the owner on the land plot in his ownership, shall be defined by Article 222 of the present Code.

Article 264. The Rights to the Land of the Persons, Who Are Not the Owners of the Land Plots


1. The land plots and the immovable property, situated on them, may be given by their owners to the other persons into the permanent or temporary use, including in rent.
2. The person, who is not the owner of the land plot, shall exercise the rights to the possession and to the use of the land plot on the terms and within the limits, laid down by the law or by the agreement with the owner.
3. The possessor of the land plot, who is not the owner, shall not have the right to dispose of this land plot, unless otherwise stipulated by the law or by the agreement.

Article 265. The Grounds for the Acquisition of the Right to the Inherited Life Possession of the Land Plot


The right of the inherited life possession of the land plot, which is in the state or in the municipal ownership, shall be acquired by the citizens on the grounds and in the order, stipulated by the land legislation.

Article 266. Possession and Use of the Land Plot by the Right of the Inherited Life Possession


1. The citizen, enjoying the right of the inherited life possession (the possessor of the land plot) shall have the right of the possession and of the use of the land plot, which shall be passed by the right of succession.
2. Unless otherwise following from the terms, established for the use of the land plot by the law, the owner of the land plot shall have the right to erect on it buildings and structures and to create the other kinds of the immovable property, acquiring to it the right of ownership.

Article 267. Disposal of the Land Plot, Which Is in the Inherited Life Possession


1. The possessor of the land plot shall have the right to give it in rent or into a gratuitous temporary use.
2. The sale and the mortgage of the land plot and the performance by its owner of the other deals, which entail or may entail the alienation of the land plot, shall not be admitted.

Article 268. The Grounds for the Acquisition of the Right of the Permanent (Perpetual) Use of the Land Plot


1. The right of the permanent (perpetual) use of the land plot, which is in the state or in the municipal ownership, shall be granted to the citizens and to the legal entities on the ground of the decision of the state or of the municipal body, authorized to grant land plots into this kind of use.
2. The right of the permanent use of the land plot may also be acquired by the owner of the building, the structure and the other kind of the immovable property in the cases, stipulated by Item 1, Article 271 of the present Code.
3. In case of the reorganization of the legal entity, its right of the permanent use shall be passed in the order of the legal succession.

Article 269. Possession and Use of the Land by the Right of the Permanent Use


1. The person, to whom the land plot has been given into the permanent use, shall exercise the possession and the use of this land plot within the limits, established by the law, by the other legal acts and by the act on granting the land plot into the use.
2. The person, to whom the land plot has been granted into the permanent use, shall have the right, unless otherwise stipulated by the law, to independently use the land plot for the purposes, for which it has been granted, including the erection with these purposes in view on the land plot of the buildings, the structures and the other kinds of the immovable property. The buildings, the structures and the other kinds of the immovable property, erected by this person for himself, shall be his property.

Article 270. Disposal of the Land Plot, Which Is in the Permanent Use


The person, to whom the land plot has been granted into the permanent use, shall have the right to give this land plot in rent or into a gratuitous temporary use only upon the consent of the owner of the land plot.

Article 271. The Right of the Use of the Land Plot by the Owner of the Immovable Property


1. The owner of the building, of the structure or of the other kind of the realty, situated on the land plot, which is in the ownership of another person, shall have the right of the use to the part of the land plot, assigned by the latter for this realty. Unless otherwise following from the law, from the decision on the assignment of the land plot, which is in the state or in the municipal ownership, or from the agreement, the owner of the building or of the structure shall have the right of the permanent use of the part of the land plot (Articles 268-270), on which this immovable property is situated.
2. If the right of ownership to the realty, situated on the other man's land plot, is transferred to another person, the latter shall acquire the right of the use of the corresponding part of the land plot on the same terms and in the same volume, as the former owner of the realty. The transfer of the right of ownership to the land plot shall not be the ground for the termination or the amendment of the right to the use of this land plot, belonging to the owner of the realty.
3. The owner of the realty, situated on the other man's land plot, shall have the right to possess, to use and to dispose of this realty at his own discretion, including the pulling down of the corresponding buildings and structures, so far as this does not contradict the terms, laid down for the use of the given land plot by the law or by the agreement.

Article 272. The Consequences of the Loss by the Realty Owner of the Right to the Use of the Land Plot


1. If the right to the use of the land plot, granted to the owner of the realty, situated on this land plot, is terminated (Article 271), the rights to the realty, left by its owner on the land plot, shall be defined in conformity with an agreement between the owner of the land plot and the owner of the corresponding immovable property.
2. In the absence of, or in case of the failure to reach an agreement, stipulated in Item 1 of the present Article, the consequences of the termination of the right to the use of the land plot shall be defined by the court upon the claim of the owner of the land plot or of the owner of the realty. The owner of the land plot shall have the right to claim through the court that the owner of the realty remove it from his land plot after the termination of the right to the use of the land plot and bring the land plot into its primary state.
In the cases, when the demolition of the building or of the structure, situated on the land plot, is prohibited in conformity with the law or with the other legal acts (the living quarters, the monuments of culture and history, etc.), or is not subject to being effected in view of an obvious excess of the cost of the building or the structure over the cost of the land plot assigned for it, the court, taking into account the grounds for the termination of the right to the use of the land plot and in case of the corresponding claims being filed by the parties, shall have the right:
- to recognize the right of the owner of the realty to the acquisition into ownership of the land plot, on which this realty is situated, or the right of the owner of the land plot to the acquisition of the realty left upon it, or to lay down the terms for the use of the land plot by the owner of the realty for a new period of time.
3. The rules of the present Article shall not be applied, if the land plot is withdrawn for the state or for the municipal needs (Article 283), and also in case the rights to the land plot are terminated in view of its improper use (Article 286).

Article 273. Transfer of the Right to the Land Plot in Case of the Alienation of the Buildings or the Structures, Situated on It


In the transfer of the right of ownership to the building or to the structure, belonging to the owner of the land plot, on which it is situated, the rights to the land plot, defined by the agreement between the parties, shall pass to the acquirer of the building (the structure).
Unless otherwise stipulated by the agreement on the alienation of the building or of the structure, the right of the ownership to that part of the land plot, which is occupied by the building (the structure) and which is necessary for its use, shall also pass to the acquirer.

Article 274. The Right of the Limited Use of the Other Person's Land Plot (the Servitude)


1. The owner of the immovable property (the land plot and the other realty) shall have the right to claim from the owner of the neighboring land plot, and if necessary, also from the owner of yet another land plot (the neighboring plot) that the right of the limited use of the neighboring land plot (the servitude) be granted to him. The servitude may be established to guarantee the passage across the neighboring land plot both on foot and by a motor vehicle, to provide for the laying and operating of the electric power and communication lines, as well as of the pipelines, for the water supply and amelioration, and also for the other needs of the owner of the realty, which cannot be provided for without establishing the servitude.
2. The burdening of the land plot with the servitude shall not deprive the owner of the land plot of the rights of the possession, the use and the disposal of this land plot.
3. The servitude shall be established by an agreement between the person, claiming the institution of the servitude, and the owner of the neighboring land plot, and shall be subject to the registration in conformity with the procedure, laid down for the registration of the immovable property. In case of the failure to reach an agreement on the establishment or on the terms of the servitude, the dispute shall be resolved by the court upon the claim of person, demanding that the servitude be instituted.
4. On the terms and in conformity with the order, stipulated by Items 1 and 3 of the present Article, the servitude may also be established in the interest and upon the claim of the person, to whom the land plot has been granted by the right of the inherited life possession or by the right of the permanent use.
5. The owner of the land plot, burdened with the servitude, shall have the right, unless otherwise stipulated by the law, to claim from the persons, in whose interest the servitude has been established, a proportionate payment for the use of the land plot.

Article 275. Preservation of the Servitude in the Transfer of the Rights to the Land Plot


1. The servitude shall be preserved in the case of the transfer of the land plot, burdened with this servitude, to the other person.
2. The servitude shall not be an independent object of the purchase and sale or of the mortgage, and shall not be transferred in any way to the persons, who are not the owners of the immovable property, to provide for the use of which the servitude has been established.

Article 276. Termination of the Servitude


1. Upon the claim of the owner of the land plot, burdened with the servitude, the servitude may be terminated in view of the disappearance of the grounds, on account of which it has been instituted.
2. In the cases, when the land plot, owned by the citizen or by the legal entity, cannot be used in conformity with its intended purpose as a result of its being burdened with the servitude, the owner shall have the right to claim through the court that the servitude be terminated.

Article 277. The Burdening with the Servitude of the Buildings and the Structures


As applied to the rules, stipulated by Articles 274-276 of the present Code, with the servitude may also be burdened the buildings, the structures and the other immovable property, whose limited use is necessary, regardless of the use of the land plot.

Article 278. The Turning of the Penalty onto the Land Plot


The turning of the penalty onto the land plot by the obligations of its owner shall be admitted only on the grounds of the court decision.

Article 279. Redemption of the Land Plot for the State and for the Municipal Needs


1. The land plot may be withdrawn from the owner for the state or for the municipal needs by way of redemption. Depending on for whose needs the land plot is being withdrawn, the redemption shall be effected by the Russian Federation, by the corresponding subject of the Russian Federation, or by the municipal entity.
2. The decision on the withdrawal of the land plot for the state or for the municipal needs shall be adopted by the federal executive power bodies and by the executive power bodies of the subjects of the Russian Federation. The state bodies, authorized to take decisions on the withdrawal of land plots for the state or for the municipal needs, and the order of the preparation and the adoption of these decisions shall be defined by the federal land legislation.
3. The owner of the land plot shall be notified in written form about the forthcoming withdrawal of the land plot not later than one year in advance by the body, which has passed the decision on the withdrawal. The redemption of the land plot before the expiry of one year from the date of the owner's receipt of the notification shall be effected only upon his consent.
4. The decision of the state body on the withdrawal of the land plot for the state or for the municipal needs shall be subject to the state registration with the body, engaged in the registration of the rights to the land plot. The owner of the land plot shall be notified about the registration having been effected with the indication of its date.
5. The redemption for the state or for the municipal needs of a part of the land plot shall be admitted only with the consent of the owner.

Article 280. The Rights of the Owner of the Land Plot, Subject to Withdrawal for the State or for the Municipal Needs


The owner of the land plot, subject to the withdrawal for the state or for the municipal needs, shall have the right to possess, use and dispose of the plot at his own discretion, and also to make the necessary outlays, providing for the use of the land plot in conformity with its stipulated purpose, over the period of time from the moment of the registration of the decision on the withdrawal of the land plot and up to the moment of reaching an agreement, or of the court passing the decision on the redemption of the land plot. However, the owner shall take the risk that the outlays and the losses he has borne in connection with the new construction, with the extension and the reconstruction of the buildings and the structures on the land plot during the said period may be turned against himself when defining the redemption price of the land plot (Article 281).

Article 281. Redemption Price of the Land Plot, Withdrawn for the State or for the Municipal Needs


1. The payment for the land plot. being withdrawn for the state or for the municipal needs (the redemption price), the term and the other conditions of the redemption shall be defined by an agreement with the owner of the land plot. The agreement shall incorporate an obligation of the Russian Federation, of the subject of the Russian Federation or of the municipal entity to pay the redemption price for the withdrawn land plot.
2. While defining the redemption price, incorporated into it shall be the market cost of the land plot and of the immovable property, situated on it, as well as all the losses, inflicted upon the owner by the withdrawal of the land plot, including the losses, borne by him in connection with an advanced termination of his obligations to the third persons, including the missed profit.
3. By an agreement with the owner, he may be allotted, instead of the land plot, withdrawn for the state of for the municipal needs, another land plot, with the offsetting of its cost against the redemption price.

Article 282. Redemption of the Land Plot for the State and Municipal Needs by the Court Decision


If the owner does not agree with the decision on the withdrawal from him of his land plot for the state or for the municipal needs, or if no agreement has been reached with him on the redemption price or on the other terms of the redemption, the state body, which has adopted the said decision, shall have the right to file a claim for the redemption of the land plot with the court. The claim for the redemption of the land plot for the state or for the municipal needs may be presented within two years from the moment of forwarding the notification, indicated in Item 3, Article 279 of the present Code, to the owner of the land plot.

Article 283. Cessation of the Rights of the Possession or the Use of the Land Plot When It Is Withdrawn for the State or Municipal Needs


In the cases, when the land plot, being withdrawn for the state or for the municipal needs, is in the ownership and in the use by the right of the inherited life possession or of the permanent use, the cessation of these rights shall be effected in accordance with the rules, stipulated by Articles 279-282 of the present Code.

Article 284. Withdrawal of the Land Plot, Which Is Not Used in Conformity with Its Purpose


The land plot may be withdrawn from the owner in the cases, when it is purposed for agricultural production or for the housing or the other kind of construction, but is not used for the corresponding purpose in the course of three years, unless a longer term has been stipulated by the law. Within this period shall not be included the time, which is necessary for the development of the land plot, as well as the time, during which the land plot could not have been put to its purported use because of the natural calamities or of the other circumstances, precluding such use.

Article 285. Withdrawal of the Land Plot, Used with the Violation of the Legislation


The land plot may be withdrawn from the owner, if the use of the land plot proceeds with a crude violation of the rules for the rational use of the land, laid down by the land legislation, in particular, if the land plot is not used in conformity with its intended purpose, or if its use causes an essential fall in the fertility of the farming lands or seriously deteriorates the ecological situation.

Article 286. The Order of Redemption of the Land Plot in View of Its Improper Use


1. The state power body or the local self-government body, authorized to adopt decisions on the withdrawal of land plots on the grounds, stipulated by Articles 284 and 285 of the present Code, as well as the procedure for an obligatory advance warning of the land plot owners on the violations, committed by them, shall be defined by the law.
2. If the owner of the land plot notifies in written form the body, which has adopted the decision on the withdrawal of the land plot, about his consent to execute this decision, the land plot shall be subject to the sale at an open auction.
3. If the owner of the land plot does not agree with the decision on the withdrawal of the land plot from him, the body, which has passed the decision on the withdrawal of the land plot, may file the claim for the sale of the land plot with the court.

Article 287. Termination of the Rights to the Land Plot, Belonging to the Persons, Who Are Not Its Owners


The termination of the rights to the land plot, belonging to the lease-holders and to the other persons, who are not its owners, for the reason of an improper use of the land plot by these persons, shall be effected on the grounds and in conformity with the order, established by the land legislation.

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