Limited proprietary rights

Limited property rights in the Russian legislation are grouped into several groups. So, the system includes:

1. The management of a number of legal entities with the property of the owner.
2. Property rights to land. In this case, the management of other people's lands is considered.
3. Rights, through which the proper performance of pledge and retention obligations is ensured. In this case, the object may be movable property.
4. Use of real estate (mostly real rights to living quarters).

In addition to the above, the legislation does not provide for other relationships. Thus, other limited proprietary rights can not be formed by concluding an agreement (contract). This circumstance should be borne in mind and in view of the serious and frequent changes that are inherent in Russian legislation.

The limited proprietary rights of legal entities to conduct business with property owned by the owner include the rights of operational management and economic management. They express specific signs of the civil legal industry in Russia and have no analogues. However, these limited real rights are fairly common. This is mainly due to the fact that they characterize a certain property isolation inherent in unitary institutions and enterprises, which remain one of the most popular types of legal entities.

To property rights associated with the use of foreign lands, it should be attributed:

1. Inherited possession (lifelong) of allotments.
2. Indefinite use of allotment. In this case, the user can act as a citizen, and jur. face.
3. Servitude. Servitude law can extend not only to land, but also buildings and buildings. In the text of the Civil Code it is considered as an opportunity to use the neighboring site. These rights are formed in accordance with the agreement of the owners of the bordering plots. However, the law provides for the compulsory establishment by the court of the said easement.

It should be noted, however, that the notion of "public easements" is also used in legislation. They are formed, for example, in the management of citizens in areas open to public use and consisting of public property. Such objects include streets, roads, rest places and others.

Servitudes can arise and when privatizing the plots on which the building is built.

The right to limited use of immovable property is presented in legislation in the form of the rights of family members of the owner of the premises. The specified persons have an opportunity to use the real estate according to the conditions provided in the legislation. In accordance with this, the satisfaction of their own housing needs is not dependent on the will of the owner of the premises. In accordance with the content of this right can be attributed to servitude law.

It should be noted at the same time that the possibility to use the premises of these persons is preserved when the property passes (for example, when the premises are sold as a lien to guarantee the lender bank). Thus, when the owner of an apartment is alienated by the owner without the consent of the family members residing with him, the latter have the right to continue to use the property legally. Moreover, they can not be evicted at the request of the new owner. In addition, if there are minor citizens among the family members, the alienation of immovable property is carried out only with the consent of the guardianship and trusteeship authorities.