Legal rights to a plot of land under the acquired ownership of real estate
The purchase of any structure, structure, building, and even more so a house, involves the settlement of legal issues related to the legal regime of the site itself, on which the property is located.
Now we will find out exactly how the boundaries of a land plot are determined and how a legal regime for a land plot arises, associated with the transfer of ownership of a building, structure or residential building. In addition, it is impossible to do without the need to fix the cadastral number for the land plot in contracts providing for the acquisition of shares. We are talking about the ownership of a share acquired in the ownership of a residential building, structure or building, and other related issues.
According to the 1st part of Article 181 of the Civil Code of Ukraine, both land plots directly and all buildings and other objects placed on them are classified as real estate (immovable things, immovable objects.)
The thing, in turn, according to Art. 179, again of the Civil Code of Ukraine, is considered any material object in relation to which the emergence of civil rights and obligations is possible.
In addition, Article 187 of the Civil Code highlights two separate aspects:
· "Component parts of a thing";
· "Difficult things".
Anything that cannot be separated from the thing without damaging it or substantially devaluing the thing can act as a component part of a thing. When the right to a thing passes to another owner, its component parts should not be separated.
According to the fifth paragraph of the 5th part of the first art. 4 of Law No. 3038, buildings, houses and other structures, regardless of their purpose, including their complexes and parts, linear, as well as other objects that belong to the objects of engineering and transport infrastructure, are construction objects.
At the legislative level, urban planning activities already regulate the obligation to form land plots even before construction begins on them. That is, at the stage of their planning.
In addition, based on GK 018-2000, structures include all construction systems connected directly to the ground. They can be created from:
· building materials;
· Semi-finished products;
· Equipment, which acts as a result of construction and installation works of various nature.
Buildings include structures that consist of structures:
· Carriers - enclosing.
They can form underground or aboveground rooms. They can be designed to:
· Human habitation;
· Placement of equipment systems;
· Buildings for accommodation of animals, plants and household items.
The category of buildings includes:
· Residential buildings;
· Buildings intended for hotels, restaurants, shopping centers, train stations, buildings for public speeches, educational institutions and other purposes.
Residential buildings include capital buildings that were built in compliance with the requirements that have already been established by legislative bodies and other regulatory legal acts that are intended for permanent residence of citizens. This is regulated by Art. 380 of the Civil Code.
In accordance with the above, it can be argued that residential buildings, structures or structures cannot be separated from the land plot without damage or significant depreciation. In fact, all these objects are constituents of the land plot.
In accordance with part one of Art. 188 of the Civil Code - if several things make up a single whole, in accordance with which it is possible to use it for its intended purpose, then they are considered as a whole.
In fact, both the land plot itself and the house, structure or building that are located on it are identified as separate things, but at the same time, in the aggregate, this is still taken into account as one thing. This is logical, since a house or any building cannot be used without the very land plot on which it is built. And, conversely, if you destroy a building or structure that is located on the site, the site will lose its immediate functional purpose.
The owner of a land plot has the right to erect buildings, houses and structures, create closed-type reservoirs on it or give permission for the construction of structures on his site to third parties. At the same time, the owner of the land plot automatically acquires the ownership of all buildings, buildings, outbuildings and other immovable property built by him.
In accordance with part 4 of Art. Art. Law No. 3038, the owner of a land plot has the right to exercise his right to develop it in accordance with the legislative norms of urban planning documentation.
Also part of the 3rd Land Code of Ukraine and the 3rd part of Art. 373 of the Civil Code, the right of ownership also extends to the space that is located above the site or in its depth. That is, on the space that will be used for the construction of residential buildings, utility structures and other buildings.
Thus, if we take into account the current provisions specified in the civil and land legislation, then, despite the fact that the land plot, together with the objects that are located on it, houses and other buildings, is legally considered one thing, but, on the other hand, the real estate object is equated to an integral part of the land plot itself.
Registration of the cadastral number, before proceeding to the procedure for alienating real estate
In some cases, a completely logical question may arise - how to determine the ownership associated with the transfer of ownership of a house intended for housing, or another building or structure.
The concept of the land code is defined directly by the land code. According to it, a land plot is considered to be a part of the land surface with clearly defined boundaries, a designated location and rights to constructed objects established relative to it.