SPATIAL AND PROPERTY FEATURES OF A LAND PLOT

Abstract

Introduction. The effectiveness of legal regulation of land turnover should be based on the justification of the interaction of social, legal and economic public interests. This approach is of significant scientific relevance. Formulation of the structure and system and generalisation of the main legal provisions with a view to understanding the property characteristics of land is of sufficient relevance. The study is conducted with the aim of systematising, updating, analysing the facts and synthesising them into new understandings and formulating conclusions which describe the legal elements and allow building logical cause-and-effect relationships between them in order to predict their course and application.

Summary of the main results of the study.  As has been studied, the norms of land, tax and civil legislation consider a land plot together with natural resources, buildings and structures located on it not only as a natural resource but also as a spatial basis and a complex thing with all the features of real estate. Thus, the aggregate elements of a land plot as a complex thing (property) are: soil layer, natural and anthropogenic water bodies; forests and forest belts, perennial plantations. The author distinguishes the concept of ‘space’ as an integral element of a land plot. It serves as a measure of the volume or quantity of material reality items, objects and phenomena. A land plot as a material object can occupy a place and be located only in physical space. In addition, when speaking about natural resources in general, it makes sense to use the term ‘space’ in the legal regulation of property relations in relation to forest plots, subsoil, water bodies, perennial plantations, atmospheric air, etc. The ‘space’ itself can be used by land owners and land users within the coordinates located above and below the surface of the land plot and which is accessible to the height and depth functionally necessary for the construction of buildings and structures for economic or residential purposes.
It has been established that when a land plot is alienated, the acquirer acquires ownership of perennial plantations and the soil layer within the entire plot, in full and without any restrictions on their quantity, while forests and water bodies are acquired only within the areas permitted by the Forest and Water Codes.

Conclusions. Given the framework of the regulatory and legal vision, two main features of a land plot are formulated: 1. Spatial, which includes boundaries, location (geographical coordinates) and area of the plot. 2. Property, which includes its intended purpose and the rights and obligations assigned to the plot.
As a spatial (quantitative) feature of a land plot, the author separately considers the term ‘space’ as a standard of measure. It is concluded that a land plot has all the features of property and immovable property, combining them with the spatial characteristics inherent in a land plot as a natural resource, territorial basis and means of production.