ЗЕМЕЛЬНЫЙ УЧАСТОК КАК ЕДИНЫЙ ОБЪЕКТ НЕДВИЖИМОСТИ

Abstract

This article addresses the problems of considering a land plot as a single property. Particular attention is paid to the content of the principle of the unity of the fate of the land plot and real estate located on it. The foreign practice of implementing this principle in different systems of law and order is considered. It is noted that Russian legislation is in a transitional stage to a “single property”, which raises a number of problematic issues that need to be resolved. The authors propose to work out such a definition of a single real estate object that will coincide and comply with the principle of the unity of fate of land plots and real estate objects firmly connected with them. To do this, it is necessary to establish a legal connection in which, regardless of which object will be alienated, the other will inextricably follow his fate. The article concludes the need to introduce the principle of “unity of the property”, which will eliminate the contradictions, inconsistencies and gaps in the legal regulation of the investigated sphere of legal relations. In addition, the authors conclude that the introduction into civil law of the concept of a single real estate object will facilitate tax administration and taxation for citizens and organizations, as well as simplify cadastral registration and registration of transfer of ownership of real estate.