The law divides things that are objects of civil legal relations into immovable and movable. The legal regime of an object can, to a certain extent, affect the rights and obligations that the owner of the property receives.
Immovable and movable property
The legal status of objects of movable and immovable property is generally indicated in the Civil Code. Article 130 of the Civil Code of the Russian Federation refers to real estate plots of land and subsoil, as well as what is very closely related to land. We are talking about objects that cannot be moved without causing disproportionate damage to their purpose. The law refers to this category objects of unfinished construction, structures, buildings, sea vessels, air navigation vessels, the use of which is allowed only upon their state registration. Ships and space objects are recognized as real estate because of their significant value and in connection with the need to ensure the reliability of their civil turnover.
The category of real estate includes residential and non-residential premises, individual parts of buildings and structures intended for placing transport (provided that the boundaries of such objects are described in the prescribed manner). It is important to know that only such an isolated dwelling that can be used for permanent residence of citizens in it can be recognized as immovable property by law, meets sanitary standards and technical rules.
Those things that do not fall into the category of real estate are recognized as real estate. It is not required to register the rights to the main types of movable property, including money and securities, unless otherwise specified in the law.
Real estate is usually located in one place, has certain individual characteristics and cannot be replaced. Movable property can be moved, moved to another place.
Specifics of determining the types of property
The legislation of a number of countries classifies as immovable property those things that are not recognized as such property in other states. For this reason, the Civil Code determines that the specific belonging of a thing to a particular category is determined by the law of the country where such property is located.
If movable property is on the road, transported by transport, then the emergence of rights to it goes according to the laws of the country from which the property set off.
One of the main criteria for classifying property as real estate is its inseparable physical connection with the land. If a thing (object) can be moved to another place without causing damage to its main purpose, then we are talking about movable property; there is no strong connection with the ground in this case. This criterion is important in judicial practice.
It should be noted that the term "construction in progress", which gives the right to classify an object as real estate, does not describe the design features of the object or its function, but the construction process itself in terms of the sequence of construction stages.
The legislation for the category of real estate also provides for the concept of "capital construction object". This is the name of a structure, building, structure, the construction of which has not been completed. The exceptions are:
- temporary buildings;
To classify an object as real estate, it is required that it have permits and be created in compliance with the rules of urban planning. An additional essential criterion is the presence of communications, which must be stationary. The mere presence of the foundation does not make it possible to unambiguously classify the object as real estate.
The legislator recognizes an enterprise as a special object of real estate, which means a property complex adapted for conducting business. Such property can become an independent subject of a variety of transactions. A property complex of this type includes not only land plots, structures, buildings and technological equipment, but also debts, rights of claim, rights to designations that allow individualizing the products of the enterprise.
Certain forms of movable property
The main objects related to movable property:
- valuable coins;
- museum exhibits;
- communication lines;
- some types of weapons;
One of the special types of movable property is securities, which certify the rights of obligation. Securities include bills of exchange, checks, savings and certificates of deposit, government-issued bonds, bearer passbooks, stocks and other types that are determined by law. In the absence of the necessary details, this type of property becomes null and void.
When it comes to transactions with property, you should know: the type of property directly affects the civil contract that formalizes the transaction. The norms of the law clearly distinguish how to act in the case of transactions with real estate and movable property. For example, the form according to which the donation agreement is drawn up directly depends on the type of property: real estate can be donated only with its state registration, and movable property can be donated orally.
A mandatory written form when drawing up a donation agreement is required if:
- the value of the gift exceeds 3000 rubles;
- donor - a legal entity;
- the contract expresses a promise to donate the thing in the future.
In order for one of the spouses to be able to conclude a transaction relating to common immovable property, it is required to obtain the consent of the other spouse, certified by a notary; this norm does not apply to movable property.
Features of property registration
To legalize the rights to real estate, its state registration is required, since the very ownership right to the created property arises only from the moment of such registration. The procedure for state registration of rights to certain types of real estate objects is regulated by special codes and departmental orders.
Both ownership and some other rights are subject to registration with a state body:
- operational management;
- economic management;
- inherited ownership;
- permanent use;
State registration of real estate should not be confused with such property. We are talking, for example, about accounting for housing stock or other construction projects. But, as a general rule, it is not required to register the rights to movable property. But the law contains a number of special cases. So, the acquired firearms are subject to registration within two weeks.
As a general rule, vehicles are classified as movable property. The exception is ships, aircraft, inland navigation vessels and space objects. Vehicles can be allowed to participate in road traffic only after their registration.
Types of property and arbitration practice
Disputes regarding the types of property are resolved on the basis of explanations available in federal legislative acts. In the practice of legal proceedings, there are examples when it is required to determine the status of retail outlets. This largely determines whether such an object requires state registration, whether it is possible to lease the object, etc. If a shopping pavilion cannot be classified as real estate, information about the rights to it is not entered in the state register.
Disputes often arise regarding the ownership of infrastructure facilities (water, heat, gas supply, transformer stations). Arbitration allows you to establish the ownership of such objects and find out whether state registration of rights is necessary in relation to them. In this case, it is also found out how firmly and inseparably the object is connected to the ground and whether it can be dismantled without prejudice to its purpose.
Often, citizens and legal entities seek to prove that their property (garage, fence, etc.) is real estate. The reasons for such arguments are clear: if the court recognizes the property as movable, this will entail financial costs; in addition, it will be impossible to register the rights to such property. With regard to movable property, it is easier to make a decision about demolition or relocation. On the other hand, the court can recognize only real estate as unauthorized construction.
A lot of controversial situations arise from garages. In some cases, such objects are recognized as movable property. Finding out the status of a garage can influence the determination of its owner and the rights and obligations arising from this. Often, a garage is recognized as a temporary building that does not belong to the category of real estate. Misconceptions about the status of the owner of the property can lead to ultimately unpleasant tax consequences.