THE REAL RIGHTS TO THE GARDEN GROUND AREAS

The present article is devoted to the review of the real rights to the garden ground areas through a prism of the current land legislation. The author characterizes the content of the limited real rights to the ground areas, and in detail analyzes the content of the property right to the garden ground areas, argues on the possibility of expansion of a circle of the land owners and comes to a conclusion about its closed character. As a result of the conducted research the author summarizes that the system of the real rights to the garden sites, as well as on the ground areas as a whole, has dynamical character. One real rights are at the stage of gradual disappearance from the modern system of the rights (the limited real rights), others (the property right and the rent right), on the contrary, are actively developed and remain an important basis for expansion of the garden individual and collective land tenure in Russia.

land plot, property right, land of specially protected territories, source of legal regulation, land category, land use, protection of land, wildlife reserve, resort, land code, civil code, land dispute, transfer of land, recreational value