The concept of a linear object is contained in the Town Planning Code of the Russian Federation dated December 29, 2004 No. 190-FZ, in the Federal Law dated December 21, 2004 No. 172-FZ “On the transfer of land or land plots from one category to another."

According to Art. 1 of the Urban Planning Code of the Russian Federation, linear objects should be understood as power lines, communication lines (including linear cable structures), pipelines, highways, railway lines and other similar structures.

According to paragraph 6 of Art. 7 Federal Law of December 21, 2004 No. 172-FZ “On the transfer of land or land plots from one category to another” linear objects include roads, power lines, communication lines (including linear cable structures), oil pipelines, gas pipelines, other pipelines, railway lines and other similar structures.

It should be noted that the current legislation does not directly call linear objects real estate objects, and therefore in practice there are various judgments on this issue, in particular, there are judicial acts when the court does not recognize linear objects - power lines - as real estate objects.

However, it seems that the issue of classifying linear objects as real estate should not raise doubts. Based general concept real estate contained in Art. 130 of the Civil Code of the Russian Federation, it follows that the main criteria for classifying an object as real estate are: a strong connection with the land and the impossibility of moving the object without disproportionate damage to its purpose. Linear objects, based on their constituent elements, meet the specified criteria.

Currently, requests from owners of linear objects for state registration of property rights have become common.

Problems have also emerged related to the impossibility of registering property rights due to the lack of all necessary documents.

In connection with the classification of linear objects as real estate, registration authorities indicate that registration of ownership of such objects requires compliance with the same standards as when registering any real estate object.

In this connection, in order to exclude the recognition of constructed objects as unauthorized construction, they require the provision of documents confirming the allocation of a land plot for the construction of a linear object in accordance with the norms of land legislation, as well as a construction permit, permission to put the object into operation (or an act of acceptance into operation completed construction of the facility) obtained in accordance with the norms of legislation on urban planning activities.

At the same time, it should be noted that the question of the need to obtain and submit for state registration the ownership of newly created linear objects, documents on the allocation of a land plot for their construction remains to this day a controversial issue among the territorial bodies of the Office of the Federal Registration Service.

The position of the registration authorities requiring the provision of such documents is understandable, since it proceeds from the fact that the current legislation does not establish any exceptions for linear objects, as well as a special procedure for land use during the construction and commissioning of constructed linear objects.

However, as often happened in practice, such documents were not always drawn up by the owners of linear objects. This is explained, among other things, by the significant length of linear objects and their passage along a large number land plots having different owners and different legal regime.

Sometimes, for the construction of a linear facility, documents such as permission to open the earthen surface, permission to excavate, etc. were obtained, which does not correspond to the provisions on the provision of land plots for construction in accordance with the norms of land legislation and currently poses difficulties in registering ownership of constructed linear objects.

The issue of registering land use for linear objects that have already been built and are currently in operation also remains very relevant and is currently not clearly resolved by law.

As is known, the Land Code of the Russian Federation provides the exclusive right to the owners of buildings, structures, structures to acquire land plots under the specified objects for ownership or lease.

Federal Law No. 137-FZ dated October 25, 2001 “On the entry into force of the Land Code of the Russian Federation” also provides that legal entities can re-register the right of permanent (indefinite) use of land plots on which linear objects are located to the right to lease such land plots or acquire such land plots as property

However, the significant length of linear objects, the ownership of land plots necessary for the placement and operation of objects by different owners and owners, the impossibility of using such plots for other purposes, raises the question of the advisability of purchasing such land plots or registering a lease on them.

It seems that it is advisable for the owners of linear objects to acquire the right to lease or own the right of ownership to separate areas on which, for example, supports for power lines, exits to the surface for underground gas pipelines, etc. are located.

The combination of such small areas (separate plots) was previously called a single land use. Currently, such plots are called multi-circuit land plots. In this case, all contours of the boundaries of a multi-circuit land plot must be located on the territory of one municipality or on the territory of one settlement(in this case, the location of the site in different cadastral blocks is allowed).

Multi-circuit land plots formed in this way under the specified components of linear objects can be purchased as property or leased.

Security zones are established along the entire route of a linear facility; within the security zones, special conditions for the use of land plots are established, ensuring the safe functioning and operation of these facilities.

The procedure for establishing, the size of security zones, and other issues are determined by various regulations,regulating certain types of linear facilities (for example, Decree of the Government of the Russian Federation dated February 24, 2009 No. 160 “On the procedure for establishing security zones of electric grid facilities and special conditions use of land plots located within the boundaries of such zones”, Decree of the Government of the Russian Federation of November 20, 2000 N 878 “On approval of the Rules for the protection of gas distribution networks”).

At the same time, due to the fact that in this situation there is a partial restriction of the rights of owners of land plots in their use, it seems that the land use right of the owners of a linear object should be formalized using an easement (the right to limited use of a land plot).

Thus, paragraph 28 of the Decree of the Government of the Russian Federation of November 20, 2000 N 878 “On approval of the Rules for the protection of gas distribution networks” states that in order to ensure access to the security zone of the gas distribution network, the operating organization, if necessary, concludes in the prescribed manner with the owners, owners or users of adjacent land plots, contracts for temporary use of land plots or contracts for the establishment of easements.

And in paragraph 16 of the Decree of the Government of the Russian Federation dated February 24, 2009 No. 160 “On the procedure for establishing security zones of power grid facilities and special conditions for the use of land plots located within the boundaries of such zones” it is stated that access to power grid facilities for their operation and planned (routine) work is carried out in accordance with civil and land legislation.

Current legislation provides for the establishment of both private and public easements. In this case, a private easement is established in accordance with civil legislation, that is, an easement agreement, and a public easement - by law or other regulatory legal act Russian Federation, subject of the Russian Federation, body local government in cases where it is necessary to ensure the interests of the state, local government or local population, without seizure of land plots.

Public easements can be established, in particular, for the use of a land plot for the purpose of repairing utility, engineering, electrical and other lines and networks, as well as transport infrastructure.

The establishment of a public easement is carried out taking into account the results of public hearings.

A private easement is established by agreement between the person requiring the establishment of the easement and the owner neighboring plot and is subject to registration in the manner established for registration of rights to real estate. If no agreement is reached on the establishment or conditions of the easement, the dispute is resolved by the court at the request of the person demanding the establishment of the easement.

A private easement can be established to ensure passage and passage through a neighboring land plot, the laying and operation of power lines, communications and pipelines, water supply and land reclamation, as well as other needs of the owner of real estate that cannot be provided without the establishment of an easement.

It should be noted, however, that today easements do not find proper application in this area, and one of the reasons hindering the process of registration of easements is that the establishment of private easements requires the conclusion of appropriate agreements with specific persons, and since linear objects have very large length and often pass through the lands of many owners of land plots, then the issue of establishing easements may take quite a long period of time, and it may not be possible to reach an agreement with one of the owners, which will require resolving the issue in court. In addition, the lack of registered ownership of land plots on which an easement is supposed to be established also hinders the process of registering easements.

In general, it should be noted that there is no special regulation of the application of easements in the field of formalizing land use relations under linear objects.

Senior lawyer of Siberian Law Company CJSC

Timoshenko Inna Anatolyevna

Varieties contractual relations concluded by owners of utility networks: purchase and sale, contract, easement agreement. 10. Land use of land plots during the operation of linear objects and utility networks. Establishment of lease relations with land owners, the procedure for determining the right to an easement and the procedure for concluding an easement agreement, etc. Peculiarities of drawing up agreements for short-term (up to 3 years) easements. Features of land use of power transmission line facilities. 11. Issues of interaction between construction and resource supply organizations. The procedure for concluding contracts with resource supply organizations. Features of the relationship between energy supply contracts and property rights to utility networks. Transfer of external networks to specialized energy supply organizations. Features of technological connection of electrical installations.

New in the legal regulation of the placement of linear objects (Koryakin V.I.)

Both the citizen himself and the cadastral engineer on his behalf can go to court. Moreover, if the latter acts as an individual entrepreneur or a representative of a legal entity, the claim must be filed with arbitration court, if as a private owner - to a court of general jurisdiction.

The department is selected according to the place of registration of the applicant, the location of the educational institution or the Rosreestr body that refused registration. Frequently asked questions Is it possible to register land without land surveying? In 2018

this practice existed: in

The State Committee for Human Rights noted that the land plot does not have clear boundaries. In 2018, in order to register land, a boundary plan containing information about the area, boundaries, and reference points of the site is required. That is, you can’t do without land surveying. From 2018, a land plot on which land surveying has not been carried out will not be able to be sold, exchanged, or inherited, even if the owner already has previously completed title documents.

Simplified procedure for registering real estate 2017

The influence of territorial planning schemes, master plans, land use and development rules and their absence on the provision of land plots and registration of construction. 4. No. 218-FZ “On state registration of real estate” from 01/01/2017. Consolidation and new rules for cadastral registration and registration of real estate, changes in land use registration.

Info

Correlation with the previous cadastral and registration legislation and real estate accounting and registration. Transition period until 2018-2020. State registration of rights to linear objects, registration of rights of ownership, use and disposal engineering networks and communications on new legislation.

Determination of the boundaries of the land plot required for servicing utility networks.

Little tricks for owners of large linear objects

Cadastral registration without state registration is provided for cases of registration of a change of owner or confirmation of existing rights, or changes in the key properties of an object. An application for entering information about an asset into the Unified State Register of Real Estate with scanned documents may be submitted for consideration to:

• Rosreestr;
• Cadastral Chamber.

The listed methods require the personal participation of the applicant.
Remote methods for filing an application for asset registration are presented by post and electronic services on the websites of State Services and Rosreestr. For a personal visit with a package of documents, since 2018, you can contact any branch of Rosreestr without reference to the location of the property.

Previously, compliance of the point at which the object was built with the boundaries of the cadastral map was one of the key ones.

Registration of a real estate property in the cadastral register in 2018

Rosreestr or through the court. In this case, the first must necessarily precede the second. The applicant has 30 days to file a complaint with the commission. The deadline for filing a claim is 3 months from the decision of the appeal commission. The claim must be accompanied by documents that were collected during the process of applying to the University, as well as a reasoned letter of refusal.
How to draw up and where to send a claim? The descriptive, motivational and pleading parts of the claim are drawn up according to the plan:

• what did the citizen apply to the cadastral chamber with (actual circumstances of the case);
• when and why the refusal was received (motivation of Rosreestr);
• why the state registrar’s decision is illegal;
• please cancel the decision of Rosreestr and put it on the CU.

The claim must be accompanied by documents that were collected during the process of applying to the University, as well as a reasoned letter of refusal.

Real estate registration from January 1, 2018

• plots of land;
• separate rooms;
• underground buildings.

Why do you need a cadastral number? The result of the procedure for registering real estate in the state database is the assignment of an identification number to the asset and the issuance of an extract from the register to the owner. Without fixing the rights to own specific real estate in Rosreestr, the ability to dispose of property will be limited:

1. It is impossible to enter into inheritance rights.
2. Property rights cannot be re-registered.
3. It is prohibited to carry out redevelopment inside buildings and structures (it will not be possible to agree on a permit until the property is registered with the state cadastral register).

An extract from the register may be needed during judicial trial property nature and, if necessary, provide evidence of ownership of a specific object.

How to register a property in the cadastral register?

Law No. 218-FZ:

• documentation confirming the fact that an individual or legal entity has rights to a specific object (agreements, acts issued by authorities, a certificate of privatization, a certificate of inheritance, court decisions);
• demarcation plan;
• copies of certificates and other forms documenting that the registered plot belongs to a certain group of lands;
• technical plan for buildings and premises in them, which is taken from the BTI.

A passport with an application is attached to this set of documents. Stage 2 The service of assigning a cadastral number to real estate is free of charge by law.
You will have to pay a state duty for the fact of registration of rights (clause 22 of article 333.33 of the Tax Code of the Russian Federation):

• For individuals its size is set at 2 thousand rubles;
• For legal entities The amount of duty is indicated within 22 thousand.

For the state, the importance of cadastral identification measures is due to the linking of information from real estate databases created by registrars to the calculation of property taxes. Registration of a real estate property for cadastral registration is initiated:

• owners;
• tenant;
• persons using the asset on an indefinite basis;
• heirs;
• by third parties.

In the latter case, you will need a notarized and valid power of attorney.

It is allowed to do without registering an object in the state cadastral database if we're talking about about areas used by the security service of the Russian Federation, objects in environmental or protected areas, forest lands. Features of accounting are manifested in the mandatory availability of primary documents technical purpose to the property.

Registration of linear real estate objects since 2018

Attention

It involves determining the coordinates of the site by certified specialists and drawing its boundaries on maps. Advantage – measurement accuracy, elimination possible reasons conflicts with owners of adjacent land plots, the procedure for dividing a plot between owners is simplified.

Peculiarities of registration of cadastral passports of houses and apartments. What documents are needed to register a house for cadastral registration - a set of documentation must necessarily contain acts, contracts, certificates, certificates confirming the right to use the land. To avoid difficulties when obtaining a cadastral passport for home ownership, you must take care in advance of obtaining land ownership rights and carry out land surveying.

In a new building, you can take into account the building as a whole at the same time as the individual rooms (apartments) in it. This cannot be done with other “group” OH, for example a garage block.

A residential building that is in shared ownership is placed on the CC only with the will of all property owners. Apartments, rooms and residential premises are registered if the premises or part thereof has two characteristics: isolation and isolation.
A technical plan is required. Country (garden) houses and buildings ( summer kitchens, bathhouses, sheds) Country house is registered after the preparation of the technical plan and declaration of the building as an “individual residential building”. Other garden buildings are taken into account if they belong to capital construction projects - for example, if a bathhouse has a foundation.

Summer kitchens and shell garages are usually not considered OKS. For the CU, the cadastral engineer must prepare an inspection report.

Formation and registration of land plots for state cadastral registration for the construction, reconstruction and operation of linear objects, engineering infrastructure objects since 2017. 5. Registration of rights to land plots for the construction of linear objects and network engineering infrastructures: comments on controversial situations, judicial practice.

Establishment of urban planning encumbrances for the placement of linear objects. Registration of rights to land plots under existing linear objects: issues of coordination with the owners of the territories.

Registration of land relations at the intersection of linear objects, placement of different linear objects on one plot of land or in security zones of linear objects. Possibility of registering ownership of existing linear objects.

6. The procedure for registering security and sanitary protection zones of linear objects.

The issue of legal regulation of linear objects has always been and still is one of the most difficult in Russian land and urban planning legislation. Changes introduced by Federal Law No. 171-FZ of June 23, 2014 “On Amendments to the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” (hereinafter referred to as Law No. 171-FZ) eased the situation with the placement of linear objects and determined the direction of development land and urban planning legislation in the field of legal regulation of the use of lands and land plots for the purpose of placing linear objects.
Thus, Law No. 171-FZ revised conceptual approaches to resolving the issue of placement of linear objects by improving the procedure for the provision of land plots and the procedure for their formation, as well as by introducing into the legislation of the Russian Federation new institutions and mechanisms aimed at increasing the efficiency of use of lands and land plots for the purpose of placing linear objects and managing the land fund as a whole.
also in Lately A number of federal laws have been adopted that significantly raise the issue of legal regulation of the placement of linear facilities to another level.
At the same time, problems that arise when determining the legal regime of land plots on which linear objects are located, when establishing security zones, as well as during subsequent operation, reconstruction, and repair of such objects, require a legislative solution.

Formation of land plots in state or municipal ownership

One of the innovations provided for by Law N 171-FZ is a change in the principles of formation of land plots that are in state or municipal ownership.
In order to improve the procedure for the formation of land plots that are in state or municipal ownership, Law N 171-FZ Article 11.3 of the Land Code of the Russian Federation is set out in new edition, providing that the formation of such land plots is carried out on the basis of one of the following documents:
1) a territory surveying project approved in accordance with the Town Planning Code of the Russian Federation;
2) project documentation forest areas;
3) an approved layout of the land plot or land plots on the cadastral plan of the territory.
At the same time, the formation of land plots from lands or land plots that are in state or municipal ownership is allowed on the basis of an approved layout of land plots only in the absence of an approved land surveying project.
Also, paragraph 3 of Article 11.3 of the Land Code of the Russian Federation establishes cases when land plots that are in state or municipal ownership can be formed exclusively in accordance with the approved land surveying project, and the formation of land plots based on the layout diagram on the cadastral plan of the territory is not allowed . Such cases include the formation of land plots for the construction and reconstruction of linear facilities of federal, regional or local significance.
It should be noted that Federal Law No. 252-FZ of July 13, 2015 “On Amendments to the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” (hereinafter referred to as Law No. 252-FZ) introduced corresponding changes to Article 11.3 of the Land Code of the Russian Federation .
Based on the provisions of Article 11.3 of the Land Code of the Russian Federation as amended by Law N 252-FZ, the formation of land plots from lands or land plots in state or municipal ownership under existing linear objects of local, regional or federal significance can be carried out in accordance with the approved layout plan a land plot or land plots on the cadastral plan of the territory, which is provided for in Article 11.10 of the Land Code of the Russian Federation, in the absence of an approved land surveying project. The formation of land plots for the construction and reconstruction of other linear objects (not related to objects of federal, regional or local significance) is allowed in accordance with the approved layout of the land plot in the absence of an approved land surveying project.
The established priority of the approved territory surveying project will allow the most rational organization of the process of formation of land plots, including for the purpose of further provision to citizens and legal entities, since it is the formation of a land plot based on the territory surveying project that meets the principles of sustainable development of territories and construction based on planning documentation territories on which the legislation on urban planning is based.
Preparation of land surveying projects is carried out in accordance with Articles 43, 45 and 46 of the Urban Planning Code of the Russian Federation.
In accordance with Part 1 of Article 43 of the Town Planning Code of the Russian Federation, the preparation of land surveying projects is carried out in relation to built-up and subject to development areas located within the boundaries of the elements of the planning structure. According to Part 5 of Article 43 of the Code, the territory surveying project includes drawings of the territory survey, which display:
1) red lines approved as part of the territory planning project;
2) indentation lines from the red lines in order to determine the location of the permissible placement of buildings, structures, structures;
3) the boundaries of the land plots being formed and changed on the cadastral plan of the territory, the conventional numbers of the land plots being formed;
4) boundaries of territories of cultural heritage sites;
5) boundaries of zones with special conditions for the use of territories;
6) boundaries of the areas of public easements;
7) the area of ​​land plots and their parts being formed and changed;
8) land plots being formed, which after formation will relate to public areas or public property;
9) the type of permitted use of the land plots being formed in accordance with the territory planning project in cases provided for by the Town Planning Code of the Russian Federation.
At the same time, the territory surveying project, intended for the placement of linear transport infrastructure facilities of federal, regional or local significance, includes territory survey drawings that display the boundaries of existing and (or) land plots to be formed, including those proposed for seizure for state or municipal needs , to accommodate such objects.
Thus, when a land plot is formed in accordance with a territory surveying project for the construction of a linear facility, preparation of a territory surveying project is carried out within the boundaries of the element of the planning structure (blocks, microdistricts) in which it is planned to carry out the construction of a linear facility, indicating the information provided.
Let us note that the norms of Article 43 of the Town Planning Code of the Russian Federation allow the preparation of a land surveying project for part of the territory of a block or microdistrict (within the boundaries of the established red lines).
It should be noted that public hearings on the territory planning project and the territory surveying project are not held if they are prepared in relation to the territory for the placement of linear objects within the boundaries of the forest fund lands (clause 3 of part 5.1 of article 46 of the Town Planning Code of the Russian Federation).
Thus, the formation of land plots on the basis of a territory surveying project makes it possible to take into account all the features of the development of the corresponding territory, including planned and existing public areas, land plots intended for the placement of infrastructure facilities, as well as established restrictions on the use of real estate.
Linear objects due to their technical features and, as a rule, of great length are located on various land plots, while the length of linear objects can reach several thousand kilometers and cross borders not only municipalities, but also subjects of the Russian Federation.
It should be noted that in the Resolution of the Plenum Supreme Court of the Russian Federation dated June 23, 2015 N 25 “On the application by courts of certain provisions of Section I of Part One of the Civil Code of the Russian Federation” states that according to Article 133.1 of the Civil Code of the Russian Federation, parts of a single real estate complex (for example, a linear object) can be located on different land plots areas. In this regard, the refusal of the body carrying out state registration of rights to real estate to register a single real estate complex only on the grounds that the corresponding objects are not located on the same land plot does not comply with the provisions of Article 133.1 of the Civil Code of the Russian Federation.

Provision of land plots in state or municipal ownership

The universal procedure for the provision of land plots in state or municipal ownership, which was in force before the entry into force of Federal Law N 171-FZ, often did not take into account the specific location of linear objects, which led to significant difficulties in practice - both in the provision and in subsequent use of such land plots.
Previously valid legal regulation provided for only two ways of providing land plots in state or municipal ownership for construction:
- with preliminary approval of the location of the facility;
- without prior approval of the location of the object.
However, when carrying out each of these procedures, the features of the placement of linear objects were not fully taken into account. Thus, when providing land plots with preliminary approval of the location of the facility, options for the placement of capital construction projects (including linear facilities) were determined through approval procedures in cases provided for by federal laws. However, not a single federal law regulated the order and degree of participation of any government agencies, local governments or various organizations in the procedure for preliminary approval of the location of the facility, which was the reason for various abuses in practice.
In addition, the list of such approvals was determined by local governments at their discretion in the absence of any criteria for the advisability of obtaining a particular approval.
When carrying out the procedure for providing land plots without prior approval of the location of the facility, the specifics of the entire procedure for locating a linear facility were also not fully taken into account, primarily due to the need to hold auctions for the sale of a land plot or the right to lease it, which contradicted the prevailing market conditions for the activities of industry organizations , including subjects of natural monopolies.
Law No. 171-FZ has significantly changed the procedure for providing land plots that are in state or municipal ownership, including for the purpose of locating linear objects.
Thus, on the grounds provided for in subparagraph 4 of paragraph 2 of Article 39.6 of the Land Code of the Russian Federation, the provision of land plots for rent for the placement of facilities intended to provide electricity, heat, gas and water supply, drainage, communications, oil pipelines is carried out without tendering . At the same time, the amount of rent for land plots that are in state or municipal ownership and provided for the placement of facilities provided for in paragraph 2 of Article 49 of the Land Code of the Russian Federation (including facilities of electricity and gas supply systems, facilities of heat supply systems, facilities centralized systems hot water supply, cold water supply and (or) wastewater disposal of federal, regional or local significance, linear facilities of federal and regional significance supporting the activities of natural monopolies, highways of federal, regional or intermunicipal, local significance, federal facilities energy systems and objects of energy systems of regional significance), as well as for carrying out work related to the use of subsoil, cannot exceed the amount of rent calculated for the relevant purposes in relation to land plots in federal ownership.
The procedure for providing a land plot in state or municipal ownership without holding a tender is established by Articles 39.14 and 39.17 of the Land Code of the Russian Federation.
It should be noted that the stage of preliminary approval of the provision of a land plot provided for by land legislation is not an analogue of the previously existing procedure for preliminary approval of the location of the object.
The provisions of Articles 30 and 31 of the Land Code of the Russian Federation have lost force since March 1, 2015. The requirement to prepare and approve an act for selecting a land plot as a document duplicating urban planning regulations and territory planning documentation is excluded from the Land Code of the Russian Federation.
The list of documents confirming the applicant’s right to purchase a land plot without holding a tender was approved by Order of the Ministry economic development Russian Federation (hereinafter referred to as the Ministry of Economic Development of Russia) dated January 12, 2015 N 1.
On February 10, 2016, the Ministry of Economic Development of Russia issued Order No. 55 “On amendments to Order of the Ministry of Economic Development of Russia dated January 12, 2015 No. 1 “On approval of the list of documents confirming the applicant’s right to purchase a land plot without holding a tender,” which also provides for an indication of that the document “Certificate of the authorized body regarding the classification of the object as an object of regional or local significance” (hereinafter referred to as the Certificate) is attached to the application in the case of the provision of a land plot located in state or municipal ownership in accordance with subparagraph 4 of paragraph 2 of Article 39.6 of the Land Code Russian Federation for the placement of facilities intended to provide electricity, heat, gas and water supply, water disposal, communications, oil pipelines of regional or local significance. Submission of the specified document is not required in the case of placement of facilities intended to provide electricity, heat, gas - and water supply, sewerage, communications, oil pipelines that are not related to objects of regional or local significance. Also, the submission of the specified document is not required in the case of placing an object of federal significance. The certificate is a document confirming compliance with the requirements established by paragraph 4 of Article 9 of the Town Planning Code of the Russian Federation, in the case of the placement of objects of regional or local significance.
Before the entry into force of new provisions of the land legislation of the Russian Federation on March 1, 2015, the period for registering rights to a land plot was more than one year. Taking into account the changes provided for by Law N 171-FZ and the exclusion from land legislation of unnecessary administrative procedures, such as preliminary approval of the location of the facility, making decisions on the formation of a land plot, on the provision of a land plot, the period for registering rights to a land plot for the placement of a linear facility significantly reduced.

Changes aimed at improving the use of land and land plots for the placement of linear objects

The need to form a land plot, its cadastral registration, and registration of any right to it entails significant economic and administrative costs for legal entities - owners of linear objects, which are not always justified in terms of the ratio of the number of procedures necessary to perform and the final result. As a result, such costs, caused, for example, by increased tariffs and the cost of connecting capital construction projects to engineering and technical support networks, fall on consumers.
Essentially, the formation of land plots for the construction period is an action aimed at creating land plots that are not intended for any further use in civil circulation, which indicated the need to find a different approach to the formalization of land legal relations in relation to linear objects.
Law N 171-FZ introduced a new institution of land legislation, providing for the possibility of using lands and land plots without establishing an easement and without providing them to citizens and legal entities (Chapter V.6 of the Land Code of the Russian Federation).
The possibility of using lands and land plots without establishing an easement and without their provision is permitted, including in cases of construction of temporary or auxiliary structures (including fences, change houses, sheds), storage of construction and other materials, equipment to support construction, reconstruction of linear federal, regional facilities or local significance.
In this case, the use of lands and land plots is carried out on the basis of a permit issued by a state authority or local government body authorized to dispose of the relevant land plots or lands.
However, it should be taken into account that the degree of legal protection of the right to use a land plot on the basis of a permit is significantly lower compared to property rights, as well as lease and the right to gratuitous use, since, according to paragraph 2 of Article 39.34 of the Land Code of the Russian Federation, the validity of a permit to use land or of a land plot terminates from the day the land plot is provided to a citizen or legal entity.
At the same time, the use of a land plot on the basis of a permit does not relieve persons to whom such a permit was issued from the obligation to comply with the requirements of land legislation and legislation in the field of protection environment. In particular, these persons are responsible for bringing lands or land plots into a condition suitable for their use in accordance with the permitted use, as well as for carrying out necessary work for the reclamation of such lands or land plots.
Upon termination of the permit for the use of land or a land plot (in case of provision of a land plot), the person in whose favor the decision to use the land or land plots was made has the right to use part of the land plot for the specified purposes under the terms of an easement, if this does not interfere with the use of the land plot in accordance with its permitted use (subparagraphs 4 and 5 of Article 39.16 of the Land Code of the Russian Federation).
A permit to use land or a land plot located in state or municipal ownership is issued in the manner established by Decree of the Government of the Russian Federation of November 27, 2014 N 1244 “On approval of the Rules for issuing permission to use lands or a land plot that is in state or municipal ownership ". However, the provisions of this Resolution do not apply to cases of placement of objects, the types of which are established by Decree of the Government of the Russian Federation N 1300 "On approval of the list of types of objects, the placement of which can be carried out on lands or land plots that are in state or municipal ownership, without the provision of land plots and establishment easements" (hereinafter referred to as Resolution No. 1300).
According to paragraph 3 of Article 39.36 of the Land Code of the Russian Federation, the procedure and conditions for the placement of objects, the types of which are determined by Resolution No. 1300, are established by a regulatory legal act of a constituent entity of the Russian Federation.
Resolution No. 1300 defines the types of objects the placement of which can be carried out on lands or land plots that are in state or municipal ownership, without the provision of land plots and the establishment of easements, including certain types of linear objects, the placement of which does not require a construction permit.
Cases in which the issuance of a construction permit is not required are established by Part 17 of Article 51 of the Town Planning Code of the Russian Federation. Among other things, according to paragraph 5 of part 17 of article 51 of the Town Planning Code of the Russian Federation, cases in which the issuance of a construction permit is not required may be provided for by the legislation of the constituent entities of the Russian Federation.
Thus, the possibility of constructing real estate objects without obtaining a construction permit is confirmed by inclusion in the number of cases provided for in Part 17 of Article 51 of the Town Planning Code of the Russian Federation.
Rights to linear objects that have signs of real estate are subject to state registration. At the same time, the provisions of Chapter V.6 of the Land Code of the Russian Federation regulate exclusively relations arising in the field of use of lands or land plots that are in state or municipal ownership, without the provision of land plots and the establishment of easements and do not provide for the possibility of issuing title documents for land plots by authorized bodies plots necessary for state registration of ownership of real estate. In this regard, registration of ownership of linear objects that have characteristics of real estate and for the construction of which a construction permit is not required as part of the implementation of the provisions of Chapter V.6 of the Land Code of the Russian Federation and Resolution No. 1300, is not possible.
At the same time, the possibility of state registration of ownership of such objects is provided for by Part 10 of Article 40 of the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate” (comes into force on January 1, 2017).
It should be noted that the use of lands or land plots in state or municipal ownership, without the provision of land plots and the establishment of an easement, as part of the implementation of the provisions of Chapter V.6 of the Land Code of the Russian Federation, is free of charge. Also, these provisions of the Land Code of the Russian Federation do not limit the right of an interested person to apply for the provision of a land plot for the placement of linear objects, the types of which are provided for by Resolution No. 1300. Moreover, the provision of land plots in state or municipal ownership for such purposes can be carried out according to general rules provided for by the Land Code of the Russian Federation.
Article 39.23 of the Land Code of the Russian Federation specifies the goals for achieving which it is permissible to conclude an agreement on the establishment of an easement in relation to land plots that are in state or municipal ownership. Such purposes include, among other things, cases of placement of linear objects, communication structures, special information signs and protective structures that do not interfere with the permitted use of the land plot. At the same time, Article 39.24 of the Land Code of the Russian Federation regulates in detail cases when the conclusion of an agreement on the establishment of an easement in relation to land plots in state or municipal ownership is carried out not by public authorities, but by the right holders of such land plots, which significantly simplifies the possibility of placing linear objects on terms of the easement.
Existing legislation contains provisions on the need to include in the lease agreement for a land plot in state or municipal ownership, located in the security zone of a linear facility, the conditions for access of representatives of the operating organization to such a facility in order to ensure its safety (clause 13 of Article 39.8 of the Land Code of the Russian Federation) . However, the establishment of an obligation to ensure unimpeded access to objects does not mean that the operating organization has the right to pass through the land plot and use it for the purpose of repair and operation of such objects. In order to provide access to the objects, an easement must be issued.
It is important that the payment under the agreement on the establishment of an easement in relation to land plots in state or municipal ownership is determined as follows:
1) in the manner established by the Government of the Russian Federation, in relation to land plots in federal ownership;
2) in the manner established by the state authority of a constituent entity of the Russian Federation, in relation to land plots owned by constituent entities of the Russian Federation, and land plots for which state ownership is not demarcated;
3) in the manner established by the local government body, in relation to land plots in municipal ownership.
In addition, if an agreement is concluded on the establishment of an easement in relation to a land plot that is in state or municipal ownership, for a period of up to three years, by agreement of the parties, it is allowed to establish an easement in relation to part of such a land plot without carrying out work, as a result of which the preparation of documents is ensured. containing information necessary for the implementation of state cadastral registration about the part of the land plot in respect of which an easement is established, without carrying out state cadastral registration of the specified part of the land plot and without state registration of restrictions (encumbrances) arising in connection with the establishment of an easement, which significantly simplifies the use of land plots for the placement of linear objects under easement conditions (clause 4 of Article 39.25 of the Land Code of the Russian Federation).
When concluding an agreement to establish an easement on part of a land plot, the boundary of the easement is determined in accordance with the diagram of the boundaries of the easement on the cadastral plan of the territory. At the same time, neither the Land Code of the Russian Federation nor the by-laws provide for any requirements for such a document.
In this case, information about the part of the land plot in respect of which the easement is established is not entered into the state real estate cadastre. In this regard, the boundary of the easement is indicated on the cadastral plan of the territory without determining the coordinates of the part of the land plot in respect of which the easement is established. In this case, the diagram of the boundaries of the easement on the cadastral plan of the territory can be made in free form, ensuring the correct perception of the boundaries of the easement on the ground.
In addition, the Ministry of Economic Development of Russia, in order to locate linear objects on the terms of a public easement, has developed a draft Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation in Part with Simplifying the Placement of Linear Facilities and Facilities Necessary for Work Related to the Use of Subsoil”, which is currently time is undergoing the approval procedure with federal executive authorities.

Determination of the legal regime of land plots intended for the placement of linear objects

One of the principles of land legislation is the division of lands into categories according to their intended purpose, according to which the legal regime of lands is determined based on their belonging to a particular category and permitted use in accordance with zoning of territories and legal requirements.
At the same time, law enforcement practice shows that dividing lands into categories as the basis for determining their legal regime has a number of disadvantages.
Thus, at present, in order to change the permitted use of a land plot, in most cases it is necessary to make two decisions by the relevant authorities:
1) on changing the category of a land plot;
2) on changing the permitted use of the land plot.
At the same time, not only the procedure and grounds for changing the category and permitted use of a land plot differ, but also state authorities and local government bodies authorized to make such decisions. In practice, this creates difficulties for land rights holders.
Often, the decision to transfer land from one category to another is of a technical nature and is determined by the availability of territorial planning documents.
The intended purpose of lands of various categories does not always allow the construction and placement of linear objects without transferring such lands from one category to another or carrying out other additional procedures, in addition to those directly provided for by the Land Code of the Russian Federation and the Town Planning Code of the Russian Federation. Carrying out translation procedures is lengthy, expensive, and in some cases redundant.
It should be noted that Law No. 171-FZ, in cases of performing work related to the use of subsoil, establishes the possibility of using reserve lands without transferring them to another category.
The main direction for improving the procedure for determining the legal regime of land plots is the transition from dividing land into categories to determining their permitted use on the basis of territorial planning and urban zoning documents.
The settlement on a comprehensive basis of issues related to the determination of the legal regime of land plots is provided for by draft Federal Law N 465407-6 “On amendments to the Land Code of the Russian Federation and certain legislative acts of the Russian Federation regarding the transition from dividing land into categories to territorial zoning”, including in terms of determining the permitted use of land plots when they are formed from lands or land plots that are in state or municipal ownership. In particular, this bill proposes to simplify the existing procedure for determining the legal regime for the use of land through zoning, as well as by eliminating the institution of land category as a way of determining the permitted use of land plots.
In this case, the permitted use of land plots intended for the placement of linear objects will be determined in accordance with the approved documentation on the planning of the territory.

Improving the legal regulation of security zones of linear objects and seizure of land plots for state or municipal needs

No less important is the issue of improving the legal regulation of security zones of linear objects.
Security safe operation linear objects, as well as preventing violations of the regime of security zones and eliminating committed violations are problems that need to be solved at the legislative level. A feature of the legal regime of such zones is the restriction of the rights of owners and tenants of land plots located within the boundaries of these zones.
At the same time, the legislation regarding the procedure for establishing security zones is fragmented, there is no single body authorized to carry out the corresponding normative legal regulation, the powers of state authorities and local governments are not delimited in terms of making such decisions depending on the types of linear objects, which in practice creates legal uncertainty that gives rise to disputes, including those resolved in court.
In accordance with paragraph 3 of Article 56 of the Land Code of the Russian Federation, restrictions on rights to land are established by acts of executive bodies of state power, acts of local government bodies, a court decision, or in the manner prescribed by the Land Code of the Russian Federation for protected zones.
Thus, according to general rule restriction of rights to land in the form of restrictions on economic activity in security and sanitary protection zones is accompanied by the adoption of an act of a state authority or local government. In the same time separate provisions The legislation of the Russian Federation provides for the establishment of such restrictions, which does not require the issuance of acts of state authorities or local governments in relation to security zones of linear objects. Such cases include:
1) establishment of special conditions for the use of land plots and the regime of economic activity on the basis of a court decision (clause 3 of Article 56 of the Land Code of the Russian Federation);
2) establishment of a security zone of electric grid facilities by entering information about the boundaries of such a zone into the state real estate cadastre by the organization that owns such an electric grid facility (clause 6 of the Rules for establishing security zones of electric grid facilities and special conditions for the use of land plots located within the boundaries of such zones );
3) establishment of special conditions for the use of land plots and the regime of economic activity in the security zones of main pipelines (clause 4 of the Rules for the protection of main pipelines).
The regulation of the procedure for establishing protective zones is provided for by the draft Federal Law N 465407-6 “On amendments to the Land Code of the Russian Federation and certain legislative acts of the Russian Federation regarding the transition from dividing land into categories to territorial zoning” (adopted by the State Duma in the first reading on December 9, 2014 year), in which, in particular, it is proposed to unify the procedure for establishing various types zones, determine the bodies authorized to make decisions on the establishment of zones with special conditions for the use of the territory.
From the point of view of legislation on urban planning activities, security zones refer to zones with special conditions for the use of territories.
Let us note that Law No. 252-FZ excludes zones with special conditions for the use of territory from the list of land management objects. This Law establishes that a mandatory annex to the decision to establish a zone with special conditions for the use of the territory is information about the boundaries of such a zone, containing text and graphic descriptions of the location of its boundaries and a list of coordinates of their characteristic points in the established coordinate system.
The preparation of descriptions of the location of the boundaries of these zones is provided by the copyright holders of the objects for the operation of which they are established, or by other persons on the basis of an agreement with such copyright holders.
Preparation of descriptions of the location of the boundaries of these zones in the manner established by Law N 252-FZ has been carried out since January 1, 2016.
In addition, Law N 252-FZ establishes that the rights holders of land plots included within the boundaries of a zone with special conditions for the use of the territory must be notified of restrictions on the use of land plots within the boundaries of such a zone within fifteen days from the date of entry into the state real estate cadastre of information about establishing such a zone.
Safe operation of linear objects in modern conditions can be ensured only if provisions are introduced into regulatory legal acts on the need and procedure for entering information about the boundaries of zones with special conditions for the use of territories into the state real estate cadastre, as well as the consequences of the absence of such information in the state real estate cadastre.
In connection with this, Law N 252-FZ established that from January 1, 2018, in order to make a decision on issuing a permit to put an object into operation, text and graphic descriptions of the location of the boundaries of the protective zone, prepared in electronic form, a list of coordinates of characteristic points of the boundaries of such a zone in if an application has been submitted for a permit to put into operation a capital construction facility that is an electric power industry facility, gas supply system, transport infrastructure, pipeline transport or communications, and if the operation of this facility in accordance with federal laws requires the establishment of a security zone.
The legislation of the Russian Federation, including by-laws, needs to be updated taking into account modern conditions placement and operation of linear objects, as well as in the legal systematization of the delimitation of powers of state authorities and local self-government bodies, not only in terms of making decisions on establishing the boundaries of security zones of linear objects, but also in terms of control over the use of land plots within such boundaries and the responsibility of persons, violating the legal regime of such land plots.
Federal Law No. 258-FZ of July 13, 2015 “On Amendments to Article 222 of Part One of the Civil Code of the Russian Federation and Federal Law “On the Entry into Force of Part One of the Civil Code of the Russian Federation” (hereinafter referred to as Law No. 258-FZ) established the possibility adoption by a local government body of a decision to demolish an unauthorized building in an area with special conditions for the use of territories without a court decision.
Federal Law of March 12, 2014 N 31-FZ "On Amendments to the Code of the Russian Federation on Administrative Offenses in Particulars of Ensuring the Safety of Main Pipelines" The Code of the Russian Federation on Administrative Offenses was supplemented with a new article, according to which the commission of prohibited offenses in the security zones of main pipelines actions or performance of work without the permission of the pipeline transport enterprise or without its notification shall entail the imposition of an administrative fine.
An important tool for regulating relations with some legal owners of land plots should be the improved institution of land seizure for state and municipal needs, provided for by Federal Law of December 31, 2014 N 499-FZ “On Amendments to the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” ( hereinafter referred to as Law No. 499-FZ). The specified Federal Law introduced amendments to the legislation of the Russian Federation providing for the expansion and specification of the grounds for seizure, including the simplified procedure for the seizure of land plots used by natural monopolies for the construction, reconstruction, operation and repair of linear facilities from private owners for state and municipal needs , and also provides for the possibility of confiscation of land plots at the expense of natural monopoly subjects with their subsequent transfer into the ownership of the latter.
In general, Laws N 171-ФЗ, N 252-ФЗ, N 258-ФЗ and N 499-ФЗ implemented whole line ideas that improve and simplify the possibility of using land and land plots for the placement of linear objects. At the same time, the legislation of the Russian Federation regarding the placement of linear objects requires further improvement. In particular, the main obstacles to the registration of rights to land plots for the placement of linear objects and the use of lands and land plots for such purposes are:
1) the need to prepare a planning project for the placement of certain types of linear objects. It is advisable to exclude this requirement for certain types of linear objects. This will lead to a reduction in the time it takes to register rights to land plots, and will also significantly reduce the costs of preparing the initial documentation. It is also necessary to establish the specifics of the procedure for the development, approval and composition of territory planning documentation used when placing linear objects;
2) the need to obtain a construction permit for certain types of linear objects. Many constituent entities of the Russian Federation, through the adoption of their laws, have already abandoned the need to make such decisions in relation to certain types of linear objects. It is advisable to extend this experience throughout the entire Russian Federation, eliminating the need to obtain permission for the construction of certain types of linear objects, which will significantly reduce the time required to obtain rights to linear objects;
3) the need for the formation of land plots, cadastral registration and registration of rights to certain types of linear objects. Establishing the possibility of placing linear objects on the terms of a public easement will reduce the costs and time required for registration of rights by half. In addition, the establishment of a public easement in relation to land plots that are privately owned will avoid the procedure for the seizure of land plots;
4) the need to transfer land plots from one category to another in order to locate linear objects (in cases established by law). We have already noted that translation procedures are lengthy, expensive, and in some cases redundant. Often, the decision to transfer land from one category to another is of a technical nature and is determined by the availability of territorial planning documents.
In addition, it would be advisable to consider the possibility of establishing a limit on the maximum rent for land plots that are privately owned.
Currently, there is an increase in the number of individuals and legal entities - owners of land plots who take measures (including fraudulent ones) in order to enrich themselves by issuing unacceptable demands for the amount of rent or compensation for losses, including lost profits, associated with the use of state companies - subjects of natural monopolies of land plots owned by them.
Another direction for improving legislation regarding the settlement financial relations between the owners of land plots and persons engaged in the construction, placement and operation of linear objects, there may be a limitation at the legislative level on the amount of payment for the establishment of an easement in relation to land plots that are privately owned.
The implementation of these measures will create conditions for organizing rational and effective use lands and land plots for the placement of linear objects. At the same time, public and industry needs will be taken into account, as well as requirements for the development of territories.

Literature

1. Federal Law of June 23, 2014 N 171-FZ “On Amendments to the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation.”
2. Land Code of the Russian Federation: Federal Law of October 25, 2001 N 136-FZ.
3. Town Planning Code of the Russian Federation: Federal Law of December 29, 2004 N 190-FZ.
4. Federal Law of July 13, 2015 N 252-FZ “On Amendments to the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation.”
5. Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 23, 2015 No. 25 “On the application by courts of certain provisions of Section I, Part One of the Civil Code of the Russian Federation.”
6. Order of the Ministry of Economic Development of the Russian Federation dated January 12, 2015 No. 1 “On approval of the list of documents confirming the applicant’s right to purchase a land plot without holding a tender” (with amendments and additions).
7. Order of the Ministry of Economic Development of the Russian Federation dated February 10, 2016 N 55 “On introducing amendments to the Order of the Ministry of Economic Development of Russia dated January 12, 2015 N 1 “On approval of the list of documents confirming the applicant’s right to purchase a land plot without holding a tender.”
8. Decree of the Government of the Russian Federation of November 27, 2014 N 1244 “On approval of the Rules for issuing permits for the use of lands or land plots in state or municipal ownership.”
9. Decree of the Government of the Russian Federation N 1300 “On approval of the list of types of objects, the placement of which can be carried out on lands or land plots that are in state or municipal ownership, without the provision of land plots and the establishment of easements.”
10. Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate”.
11. Draft Federal Law N 465407-6 "On amendments to the Land Code of the Russian Federation and certain legislative acts of the Russian Federation regarding the transition from dividing land into categories to territorial zoning."
12. Decree of the Government of the Russian Federation of February 24, 2009 N 160 “On the procedure for establishing security zones of electric grid facilities and special conditions for the use of land plots located within the boundaries of such zones.”
13. Resolution of the Federal Mining and Industrial Supervision of Russia dated April 24, 1992 N 9 “Rules for the protection of main pipelines” (approved by the Deputy Minister of Fuel and Energy on April 29, 1992) (as amended by Resolution of the Federal Mining and Industrial Supervision of Russia dated November 23, 1994 N 61).
14. Federal Law of July 13, 2015 N 258-FZ “On Amendments to Article 222 of Part One of the Civil Code of the Russian Federation and Federal Law “On the Entry into Force of Part One of the Civil Code of the Russian Federation”.
15. Federal Law of March 12, 2014 N 31-FZ "On Amendments to the Code of the Russian Federation on Administrative Offenses in Respect of Ensuring the Safety of Main Pipelines."
16. Federal Law of December 31, 2014 N 499-FZ “On Amendments to the Land Code of the Russian Federation and Certain Legislative Acts of the Russian Federation.”

Simplified procedure for registering linear objects.

In State The Duma has been presented with a draft federal law that will seriously make life easier for a significant part of our citizens. We are talking about those who live outside the city and need communications, electricity, and gas. ⠀

The law will make it easier to prepare the necessary documents when laying communications to country houses. Linear objects include power lines, communication lines, including linear cable structures, pipelines and other similar structures.

Today, legislation takes into account the repair and maintenance of those communication or power lines that are already available. But it’s hard to build new ones, and even harder to legitimize them. When laying such networks, it is necessary to register the land under their facilities.
⠀
According to Victoria Abramchenko (Deputy Minister of Economic Development), today there is next system: a significant part of linear objects are being built in violation of the established order. The period for registering plots for their construction can last up to two years. While network organizations engaged in the reconstruction of facilities for technological connection of consumers are required to meet the deadline of up to 4 months. ⠀

The document provides for the possibility of placing a linear object on the terms of a public easement without forming a land plot, registering it with the cadastral register and registering rights to it. ⠀

The bill is aimed at developing the institution of public easement, which is still in law today. But at present it can only be used for repairing linear objects. It is almost impossible to obtain a site for a new infrastructure facility in the existing development. A public easement allows you to quickly solve the problems of infrastructural provision of such territories. ⠀

The bill prohibits the establishment of public easements in gardens, gardens and summer cottages, as well as in areas intended for individual development. But this can be done if the citizens themselves come to such a decision, for example, a decision on gasification of a gardening partnership.

Other news in January ↓

On recognition of ownership rights to a linear structure - overhead power lines

In case No. 2-126/12

Accepted Kstovo City Court (Nizhny Novgorod region)

1. Kstovo City Court Nizhny Novgorod region consisting of:
2. presiding judge - Kondratyev I.Yu., with the participation of the representative of the plaintiff V.F. Syubaev. by proxy from (date anonymized) Sergeev Yu.A., with the secretary of the court session Morozova E.V., having considered in open court a civil case on the claim of Syubaev V.F. against the Administration of the Kstovo municipal district, Pyanov A.V. for recognition ownership rights to the building,

3. Installed:

4. Syubaev V.F. filed a claim with the Kstovo City Court against the Administration of the Kstovo Municipal District, A.V. Pyanov, in which he asks to recognize his ownership of the linear structure - high voltage line power transmission (data anonymized), with a cadastral number (number anonymized), located at the address: (address anonymized). In support of the stated claim, the plaintiff indicated that in (date anonymized) he built a one-story retail pavilion with a total area of ​​83.3 sq.m. on a land plot provided under a lease agreement at the address: (address impersonal). The ownership of the specified property is registered with V.F. Syubaev. in the prescribed manner, as evidenced. (date anonymized) the plaintiff received technical specifications for the design of power supply for a cafe. Construction was carried out in compliance with the necessary approvals overhead line power transmission lines with package transformer substations, 66 meters long (data anonymized). Subsequently, the structure was cleared for operation and its use began. The object is registered in the cadastral register and assigned a number (the number is impersonal). (date anonymized) the location of the disputed structure was agreed upon with the Novolikeevsk rural administration. Currently, the owner of the land plot on which part of the plaintiff’s building is located is A.V. Pyanov. This circumstance deprives the plaintiff of the opportunity to register ownership of the disputed structure in the manner prescribed by law, in connection with which Syubaev V.F. filed a claim in court.
5. The representative of the plaintiff V.F. Syubaev, acting by proxy, supported the stated demand in full at the court hearing and asked to satisfy it.
6. The defendants - the Administration of the Kstovsky Municipal District, A.V. Pyanov, having been duly notified of the time and place of the consideration of the case, did not appear at the court hearing, did not provide valid reasons for the absence, and did not apply for an adjournment. Pyanov A.V. sent a written request to the court to consider the case in his absence, indicating that there was no dispute regarding the claim between them.
7. The third party - the Office of Rosreestr for the Nizhny Novgorod Region, having been duly notified of the time and place of the consideration of the case, did not ensure the appearance of its representative at the court hearing, did not provide valid reasons for the absence, and did not request an adjournment.
8. The court, guided by Art. 167 of the Code of Civil Procedure of the Russian Federation considers it possible to consider the case based on the claim of V.F. Syubaev. in the absence of no-show persons.
9. Having listened to the plaintiff's representative, studied the case materials, and assessed the collected evidence in its entirety, the court finds V.F. Syubaev's statements. the claims are justified and subject to satisfaction on the following grounds.
10. By virtue of Art. 12 Civil Code of the Russian Federation protection civil rights carried out by the court by recognizing the right, including the right of ownership of real estate.
11. In accordance with Art. 35 of the Constitution of the Russian Federation, the right to private property is protected by law. Everyone has the right to own property, own, use and dispose of it, both individually and jointly with other persons.
12. Article 213 of the Civil Code of the Russian Federation establishes that any property can be owned by citizens and legal entities, with the exception of certain types of property, which, in accordance with the law, cannot belong to citizens or legal entities.
13. In accordance with Article 218 of the Civil Code of the Russian Federation, the right of ownership to new thing, manufactured and created by a person for himself in compliance with the law and other legal acts, is acquired by this person.
14. According to Art. 219 of the Civil Code of the Russian Federation, the right of ownership of buildings, structures and other newly created real estate, subject to state registration, arises from the moment of such registration.
15. According to Art. 131 of the Civil Code of the Russian Federation, ownership and other real rights to immovable things, restrictions on these rights, their occurrence, transfer and termination are subject to state registration.
16. The court found that according to Syubaev V.F. is the owner shopping pavilion, located at the address: (address is impersonal), which is confirmed by a certificate of state registration of rights.
17. For power supply purposes specified object The plaintiff erected a high-voltage line with a package transformer substation (the number is impersonal), which was put into operation. The plaintiff with OJSC "A." balance sheet affiliation is delineated electrical networks and operational responsibilities of the parties.
18. (date anonymized) CO NF FSUE "Rostekhinventarizatsiya - Federal BTI" was issued technical certificate for a structure, according to which the high-voltage line with a package transformer substation (number is impersonal) is located at the address: (address is impersonal), length 66 m, year of commissioning (date impersonal).
19. The disputed property was registered with the cadastral register and assigned a cadastral number (the number is impersonal).
20. From the case materials, it appears that the disputed property is located on a land plot with a cadastral number (the number is impersonal), owned by A.V. Pyanov. (date anonymized) the owner made a decision to divide the specified land plot into two. (date anonymized) the allocated land plot under the power line with a package transformer substation was sold to V.F. Syubaev. under the purchase and sale agreement, (date anonymized) documents on the transfer of ownership have been submitted for state registration.
21. Under these circumstances, taking into account that the disputed property has no signs of unauthorized construction, is currently located on a land plot acquired by the plaintiff under a compensation agreement, there are no disputes between the parties regarding this structure, the court finds no reason to refuse Syubaev V. F. in the claim and considers it necessary to satisfy his claims.
22. Based on the above, guided by Art. 194-199 Code of Civil Procedure of the Russian Federation, court

23. Decided:

24. The claims of V. F. Syubaev against the Administration of the Kstovsky Municipal District and A. V. Pyanov for recognition of ownership of the structure are satisfied.
25. Recognize V.F. Syubaev, (data anonymized), ownership of the structure - a high-voltage line with a package transformer substation (anonymized number), cadastral number (anonymized number), length 66 m, purpose - electricity supply, located at: (address anonymized ).
26. The decision can be appealed to the Nizhny Novgorod Regional Court within a month from the date the decision was made in final form through the Kstovo City Court.
27. Judge
28. Kstovo City Court Kondratiev I.Yu.