The reader can receive the answer to a question: whether it is possible, allocated for a farm in continuous using the land lots, to transfer in rent to other farm?
Reorganization 2002
To farm the land lots of agricultural appointment in continuous using are allocated. Whether it is possible to transfer these sites in rent to other farm?
No, it is impossible. Let’s explain why.
Lessors of the earth citizens and the legal entities being sobstvennikami of the land lots, or the persons authorized by them (as Law Art. 4 from 06.10.98 of No. 161-XIV About a ground lease) can act. The land lot, poluchenyony a farm in a constant polyyozovaniye, doesn’t pass to its property.
The right of continuous using – one of types of laws of estate on the land lots – suyoshchestvenno differs from an ownership right. So, the ownership right assumes existence to own, use at the owner of the right and rasporyazhatsya the land lot (Art. 78 of the Land code, further – ZK). And the right of continuous using provides existence at a zemlepolyyozovatel only rights of possession and usings the land lot (ZK Art. 92).
As appears from definition, the land user owning the land lot on the right of postoyoyanny using, having not the right to dispose of this site, so and to lease it. Besides, possibility of tenancy of the zemelyyony site received in a constant polzoyovaniye, also isn’t called among the rights of the zemlepolyyozovatel listed in Art. 95 of ZK.
On the basis of the foregoing it is possible to draw a conclusion that in this case the farmer hozyayyostvo has no right to sign the contract arendy the land lot.
On Balans-Agro newspaper materials.