Alienation in the property pondand you can only with simultaneous registration of ownership rights on the land on which this water body is located. But there are some limitations. So, according to item 4, article 8 of the Water code, such land is not subject to the section and may not be in common ownership. You will not be able to issue the right to the land and, in the case when it is located within the boundaries of public areas (paragraph 8, article 27 of the Land code of the Russian Federation).
State authorities and local self-government shall be developed and adopted regulations establishing procedures and criteria for the granting of such land plots and the procedure for consideration of applications. The procedure for granting such plots have to comply with article 37 of the Land code of the Russian Federation.
If you want to get in the property area, within which there is a pond, apply the Executive body of state authority or local authority. It will reflect, for what purpose do you seek in a property of the segment, specify its size, give the schema location. The decision on this issue, the municipal authorities are obliged to take for two weeks.
Before a decision is made, local authorities prepare requests and establish the existing right of ownership of the water body. Request about the availability of water object in the appropriate registry of ownership is sent to the territorial authority on Federal property management in the Department for management of state property and the Department of water resources territorial basin water management.
In the case of confirmation of the fact that this pond is not Federal propertyYu, head of the municipal education is preparing a decree on the inclusion property of this water body (part 2 of article 8 of the Water code of the Russian Federation, article 40 of the Land code of the Russian Federation).
Her ownership of this water body you must register in accordance with the Federal law "On state registration of rights to immovable property and transactions with it" (paragraph 1, article 25 of the Land code of the Russian Federation). After registration you become the owner of the pond.
Advice 2 : How to rent a pond
Rent the pond may be the beginning of a profitable business: the fans of fishing we always had a lot. You can rent natural reservoir of the state or create your own artificial pond. Both require serious investment, but the first may still be less expensive. The main thing that you will need to rent a pond - the land on which is located the pond.
The first step to renting the pond - the choice of the pondin the good condition. Don't forget that for most purposes the use of the pond will need to clean and Refine, which requires specific investments. The cleaner the pond is, the less, consequently, you will have to conduct events for its purification, beautification and maintenance in proper condition. In addition, if you are planning to rent a pond for the organization of fishing, you should look for it in the most accesible areas of the other clients, you will have enough.
For rent pond should apply to the Executive body of state power or local self-government with the statement for granting in rent of the land on which is located the pond. According to the law it is impossible to rent a pond without land, within which it is located. The statement must specify for what purposes you will use a land plot, its size and location. Within one month the competent authority shall issue to the applicant the layout of the land plot on the cadastral plan of the territory and the applicant at their own expense carries out cadastral work. After that within two weeks the decision on granting the land plot in rent and the contract rent. If the lease is for a term of more than one year, it is subject to registration in bodies of rosreestra.
According to the Water code, any permits and approvals for the provision of a pond to rent for fishing or fish farming is not required. However, in many other cases, the depletion of water resources, the use of the pond for recreational purposes, etc.) required to obtain a decision on the granting of a pond in use from authorities and to enter into a water use agreement with the competent authority. To obtain the solutions you must apply to the Executive body of state power or local self-government with the justification of the use of the pond. The water use agreement for the use of the pond will need to pay in accordance with the rates adopted by the relevant authorities.
Advice 3 : How to buy a pond
The presence of the reservoir has always been considered a big plus, regardless of the purpose for which it was purchased – for the economic cultivation and harvest, or for aesthetic decoration of the residential complex. Wide scope for operations of water resources has given edition of the water Code, which consolidated under private ownership 5% of all water bodies of the Russian Federation.
You will need
- the land on which is located the pond.
Lake, river or pond increases the cost of the cost of real estate near 25% and sometimes 50%. But the water bodies always attract keen interest to environmental organizations. So before you buy a pond cost to think carefully about its benefits and about the many rules that must be followed.
For example, the distance of residential properties to the water in the conservation area may not be closer than 50 meters, and the area of the reservoir is 10 km2 for 10-50 km2 area of the reservoir, the distance shall be 100 meters and it is necessary to observe a distance of over 200 m to a reservoir with an area of over 50 km2. Plus in the conservation area need to take care of the treatment facilities.
In order to buy a pond, you need to buy the land on which it is located. Please note that if the pond is bordered by another land, transferring it in one hand is impossible.
Besides, to draw in private property can now be ponds with an area of 3 000 m2. Land with a pond is the property of the company within the shoreline. Of existing restrictions it is also worth remembering that under the Water Code, to divide the pond is prohibited. Difficulties may arise when the sale of land with a pond, since the pond alienation from the land is impossible, that is, to sell a separate pond without land will not work.
When purchasing a pond at a private property, please note that it does not give you automatic rights to do whatever you like. To prohibit in it to swim and fish, you certainly can, but the preserving the purity of the reservoir you no one is free.
If the pond is bought for the discharge of drainage water, water for watering plants, placement of moorings and the organization of children's rest, its owner will have to also special the decision on granting of water use. When using the reservoir for industrial purposes will need to sign a contract for the water authorities.