How to make a pond in the property

After the entry into force of the RF Water code in 2007, 95% of all water objects in Russia was fixed as Federal property, and 5% - both municipal and private. Now small closed water body – pond, may become the propertyof Yu as a legal entity and physical. To make a pond in the property in accordance with civil and land legislation.

How to make a pond in the property
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Instruction

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.

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