Земельный участок как объект гражданских прав

Abstract

The parcel of land notion is examined in the context of modern Russian economic and legal policy. The amendments made to the civil legislation during the reform process of law of things, which took place in 2021, are analyzed. In particular, the definition of a parcel of land included in the Civil Code is evaluated. The research contains a comparative analysis of “parcel of land” definitions existing in Russian land legislation, European legislation and doctrine at different periods of time. It was found that the term “ground surface” used to define a parcel of land should be considered in mathematical signification. This means that the parcel of land is a 2D object (land boundary, two-dimensional topological manifold). For this reason, the widespread point of view on the parcel of land as a 3D object is seemed to be erroneous because of its logical and legal aberration. It is argued that the ground surface, being the boundary separating land and midair, cannot include 3D objects located on it. Accordingly, soil layer, all kind of structures, bodies of water, perennial plantations cannot be part of a plane parcel of land because they are 3D objects. It is proposed to consider a parcel of land, buildings located thereon and other material objects as components of another complex (composite) object. Such object could be named as real estate – an integral immovable complex of objects which contains the parcel of land, corresponding to it buildings, underground structures and other firmly connected to the land material objects.