Acquisition of private ownership over land plots in Russia by virtue of acquisitive prescription. Issues and prospects

Author:Aleksey Anisimov, Anatoliy Ryzhenkov, Elena Menis
Position:Department of Constitutional and Administrative Law, Faculty of law, Volgograd Institute of Management – Branch of the Russian Presidential Academy of National Economy and Public Administration, Volgograd, Russia
Pages:72-86
SUMMARY

Purpose This study aims to clarify the scope of the legal procedure of the acquisitive prescription in Russia. Design/methodology/approach Dialectical method, historical method and system analysis method have been used. Findings The authors consistently prove the inadmissibility of applying acquisitive prescription to land plots in private, state or municipal ownership. One... (see full summary)

 
FREE EXCERPT
Acquisition of private ownership
over land plots in Russia by virtue
of acquisitive prescription
Issues and prospects
Aleksey Anisimov
Department of Constitutional and Administrative Law, Faculty of law,
Volgograd Institute of Management Branch of the Russian Presidential Academy
of National Economy and Public Administration, Volgograd, Russia
Anatoliy Ryzhenkov
Department of Civil Law and Procedure, Faculty of Law, Kalmyk State University,
Kalmykia, Russia, and
Elena Menis
Department of Land and Environmental Law, Saratov State Academy of Law,
Saratov, Russian Federation
Abstract
Purpose This study aims to clarify the scope of the legal procedure of the acquisitive prescription in Russia.
Design/methodology/approach Dialectical method, historical method and systemanalysis method
have been used.
Findings The authors consistentlyprove the inadmissibility of applying acquisitiveprescription to land
plots in private, state or municipalownership. One of the features of Russia as an emerging market economy
is that, the major part of state lands is in so-callednon-delineated state ownership.Plots included in such
lands are not registered in the cadaster or transferred to particularpublic owners. That is why, the authors
prove that the procedure of acquisitive prescription must be appliedonly in relation to land plots that are in
non-delineatedstate ownership and have been occupied by citizens and legalentities for 15 years.
Originality/value The authors propose new guarantees of the rights of private and public land
owners. Clarication of the scope of the acquisitive prescription procedure will streamline the turnover of
real estate in Russia.
Keywords Property,Acquisitive prescription,Good faith, Land plot, Possession,Right of ownership
Paper type Research paper
1. Introduction
The issues of acquisition of private ownership rights over immovable property,
especially land plots, have interested academics, politicians and ordinary citizens for
centuries. Acquisitive prescription is one of the most complex and discussed grounds for
the emergence of private ownership rights over land. The purpose of acquisitive
prescription is to eliminate legal uncertainties existing in cases where the owner of
property has not duly exercised his/her right to it for a long time, while the actual (illegal)
possessor treated someone elses property as his/her own wisely and in good faith
(Andreev, 2013).
JPPEL
12,1
72
Received7 September 2019
Revised4 December 2019
Accepted18 December 2019
Journalof Property, Planning and
EnvironmentalLaw
Vol.12 No. 1, 2020
pp. 72-86
© Emerald Publishing Limited
2514-9407
DOI 10.1108/JPPEL-09-2019-0046
The current issue and full text archive of this journal is available on Emerald Insight at:
https://www.emerald.com/insight/2514-9407.htm

To continue reading

REQUEST YOUR TRIAL