Peculiarities of collecting rent for the use of communal property under immovable property

Abstract

The article examines the issue of collecting rent for the use of a plot of communal property under real estate objects in the absence of a registered right to it. It is noted that there are quite a few cases of individuals actually using land plots on which their buildings are located, without concluding a land lease agreement, as a result of which the rights and interests of the territorial community are violated due to the non-receipt of monetary funds in the amount of rent for the use of the land plot.
Various approaches in legal practice regarding the collection of rent for the use of a plot of land under an object of immovable property have been analyzed. It is noted that for a long time the courts charged these funds as damages in the form of unearned income. However, recently, in the resolution of such disputes, the approach is applied that the relationship with the actual use of a plot of land without a lease agreement and non-receipt of income by its owner in the form of rent is conditional in its content, therefore the provisions of the law regarding the collection of unreasonably saved funds should be applied. Such a change in approaches to resolving disputes about the collection of rent for the use of a plot of land seems controversial and requires the delineation of relevant liabilities and the development of approaches to the collection of rent, taking into account legislative changes and judicial practice.
On the basis of the conducted research, the distinction between tort (obligations to compensate for damages) and conditional obligations (obligations for unjust enrichment) in the relations regarding the collection of rent for the use of a plot of land in the absence of a registered right to it is substantiated according to the following criteria: the basis of obligation, the presence or absence of the fault of the person who caused the damage, the direction of the obligation, the nature of the obligation, the presence or absence of contractual relations, the consequences of the act (increase or decrease in property).
The grounds for collecting rent for the use of a land plot on which immovable property objects are located, in the absence of registered rights to it, are delimited, depending on the presence or absence of the alienator of the immovable property object of rights to the land plot.