What is the concept of "real estate". Property Types

Very few people know that the concept of "real estate" was first formulated in Roman law, after all kinds of land plots and other natural objects were introduced into civilian circulation. Although to date it is generally accepted in any country around the world.

It should be noted that in pre-revolutionary Russia it was used only after the introduction of the relevant decree of Peter the Great in 1714, which was issued with the aim of restricting the turnover of real estate and its further inheritance. In the Soviet era, after the private ownership of land was completely abolished, the concept of "real estate" was gradually transformed into the category of fixed and circulating assets (also the concept of "movable property" appeared). At the same time, land plots were counted separately according to their type, and only by area.

In modern Russia, the concept of "commercial real estate" is again used in the current legal and economic turnover, which was due to the establishment of the status of private ownership of land. Finally, it was enshrined in legislation by the Decree of the President of the Russian Federation, which came into force on October 27, 1993.

Concept and attributes

In everyday life, the concept of "real estate" is quite common. However, in reality, very few people understand that external appearance does not always correspond to the legal essence of real estate, which in the majority of cases is determined by the peculiarities of the country's economic development, established historical traditions and other conditions.

The concept of "commercial real estate", like any other, includes several basic elements:

• A name is a specific sign or term that is assigned to a given object.
• Content - a set of distinctive features and characteristics, the core of which can be called a certain essential property (in this case, it is non-relocatability in space, durability, non-consumability, and others).
• Volume - a certain list of items that are displayed in this category.

What does this include?

To date, urban and suburban real estate - concepts that do not boil down to just some brief indication of certain significant signs. They represent a complete synthesis or amount of knowledge about a particular subject. As in other civilized countries, it is customary in Russia to determine real estate primarily through the scope of the concept, that is, the list of things and rights that it includes. In particular, urban and suburban real estate includes the following facilities:

• Subsoil blocks and funds;
• land;
• All that has a direct connection with the earth, that is, various structures, buildings or objects of unfinished construction;
• Objects equal to real estate, which require the appropriate state registration (including inland navigation vessels, aircraft, as well as space objects);
• Other objects that have the status of real estate in accordance with the specifics of the current legislation.

In the general case, if we consider what a real estate is, it is possible to single out land plots and everything that is directly related to them, but can not move without causing disproportionate damage to its purpose. At the same time, it should immediately be noted that since 2007, forests and perennial plantations have been completely excluded from the structure of such property, which in fact does not correspond to the essence of such objects and the current world practice.

At the same time, modern legislation, considering what real estate is, equates to it a number of completely movable objects, such as ships and aircraft or some other, not according to species or generic grounds, which could be called understandable, but for An account of the fact that it is advisable to distribute a certain legal regime established for real estate, which currently does not include all types of roads in the country.

What it is?

The definition of the essence of real estate only from the material and material point of view is important in virtually all branches of knowledge, but it is clearly not enough and it does not allow to completely exhaust the entire set of characteristics inherent in its content. In practice and in theory one must correctly understand the differences between what constitutes a private or public real estate as a physical physical object and as a complex of social and economic and legal relations that provide a special order for the disposal of such objects, as well as the special stability of rights , Associated with them.

Market features

Any real estate object in reality exists in the unity of social, economic, physical and legal properties, each of which in appropriate cases can be the main one depending on any goals, life situations or stages of analysis. In the market where real estate is sold and rented, it is treated as a commodity in three forms that have a close relationship:

• In the form of a physical object having certain characteristics;
• A certain service that allows you to use real estate for various purposes;
• Real rights to any real estate.

Geographical concept of this concept allows you to fully reflect the physical characteristics of real estate, among which:

• Material and construction of structures;
• Location and dimensions;
• Soil fertility;
• climate;
• Improvement;
• Environment;
• Other parameters.

The market where real estate is sold and rented, considers as a separate independent object a single system executed in the form of a whole complex of installations, facilities, facilities, equipment and other property that is combined with a functional purpose. It includes any property specified in the technical passport, and also built in use, while having a functional connection with a particular building in such a way that it can not be moved without causing disproportionate damage to the destination.

It should be noted that the Ministry of Finance separately emphasized that the composition of a particular real estate object must necessarily include a variety of sources of fixed assets, including elevators, local networks, built-in ventilation systems of premises, as well as other communications. In this case, real estate (secondary housing or primary) does not include in its composition fixed assets that are accounted for as separate inventory objects and do not require installation, and can be used outside this facility, if their dismantling does not cause disproportionate damage to their main purpose.

Also, we should not forget that chemical, biological, physical, technogenic and other processes have a direct impact on real estate. The concept of immovable property provides for a constant change in its consumer qualities and functional suitability, and this is taken into account in the process of making all sorts of financial transactions, as well as owning and using it.

Economy

The economic concept considers the concept of real estate as an effective material asset, a reliable tool for generating income, as well as a unique investment object. The main economic elements that provide for the classification of real estate:

• Its price and value, arising primarily from its utility;
• Ability to satisfy different interests and needs of people.

Due to the current system of taxation of property owners, the formation of municipal budgets is ensured, and a number of specialized social programs are being implemented.

The legal side

In the legal sense, real estate represents a certain set of private and public rights to it, which are established by the state, taking into account domestic peculiarities, as well as all kinds of international norms. Primary and secondary real estate may provide for indivisible or partial private rights, as well as underground resources, structures and airspace divided on the basis of physical vertical and horizontal delineation to the surface of land plots.

In the same way as in most of the modern civilized countries of the world, in Russia legislation is guaranteed to every private person the right to purchase, sell, lease or transfer property, as well as the right to own and use it to other citizens and businesses, that is The possibility of completely free disposal of their property. But it should be noted that in some cases, the ownership of real estate (apartments or private houses are referring to) is in conflict with the public interest, as a result of which the jurisdiction of private law ceases to apply to it.

The current legislation provides for the possibility of withdrawing such objects from the owner through redemption for any municipal or state needs, while a land plot with all facilities and buildings located on it can be redeemed in this way. There are also a number of other forms of state regulation of the ownership and use of real estate:

• Zoning system;
• Building restrictions;
• Requirements for environmental protection;
• Transfer to economic management;
• Taxation of property and various transactions with it;
• The right to ownerless real estate objects and others.

Social sphere

The social role played by various real estate (cottages, apartments and private buildings) is that it must satisfy the psychological, physiological, intellectual and other needs of a person. All that people need to ensure survival and a decent life, they eventually get it from the land. To date, property ownership is prestigious in the public consciousness and is required in order to form a civilized middle social stratum.

World practice

World practice treats real estate as a certain land plot and everything that is under it (and with a projection to the center of the earth), and also above it, prolonged indefinitely, including any permanent objects that have been attached to it by nature or man.

In general, any owner of a certain land plot is also the owner and any of its components, including the mineral deposits that are located below it, as well as the corresponding airspace. But at the same time he has the full right to use only such a volume of airspace that he could reasonably use in accordance with the current legislative restrictions, and in particular, this concerns the complete sovereignty of the government over the air navigation space of the state.

It is also worth noting that the owner's rights to the underlying mineral resources are far from absolute, and in a fairly large number of areas of the United States such a situation occurs that the rights to any underground mineral resources are entirely in the hands of the statist, and not the person who owns the immovable property. At the same time, the owner of the immovable property also has the unconditional right to access to sunlight.

Practice in Russia

The subjects of land ownership that do not belong to the state in Russia have the right to dispose not all of the subsoil that corresponds to their land plot, but only those that are common minerals, that is, sand, clay and others. Thus, the deposits of oil, ore, coal and other minerals in no way refer to the real estate of a particular private owner, who owns, for example, a country house or other real estate. The definition of this concept indicates that the above-mentioned natural resources are fully owned by the state.

Also worth noting is the fact that the physical and economic-legal composition of a person's immovable property does not include airspace, located above the surface of the land, because in itself it has a public character and entirely belongs to the state. Only on lands belonging to state funds, the concept of real estate provides for the inclusion in it of all the components that are located in a vertical projection.

Properties

The main fundamental properties that characterize the concept of "real estate" - its materiality, immobility and non-use, and based on them are based on the remaining species and patrimonial features.

It is also important to mention that there is a whole range of boundary concepts between immovable and movable objects. In Russia, for their designations, the terms "essential inseparable parts" and "accessories of immovable things" are used. Essential in this case are irreducible components of real estate that can not be separated without inflicting disproportionate damage not only to the object, but also to itself.

Belonging is a movable items that have a direct connection with real estate for a general purpose, serve it and can be separated if there is an appropriate decision of the owner (built-in furniture, chandelier, etc.).