The house and land are inseparable. Ownerless island Land not owned by any state

Who by law owns the land on which the residential building stands - the owner of the land or the new owner of the house? Such a "land and house" issue turned out to be so acute and painful that only the Supreme Court could decide the dispute. His decision on one private dispute may be important not only for those citizens who were directly involved in these lawsuits, but also for other owners of land and private housing construction.

The essence of the conflict is simple. In the Krasnodar Territory, a certain citizen turned out to be the owner of a land plot and a residential building standing on it. The property passed to him by inheritance. The new owner ceded the house to the woman by gift, and she registered the ownership of the house and registered her property in the state register. Moreover, the lady simultaneously legalized her rights to both the house and the land on which this house stands. Having completed all the documents, the citizen successfully sold the house.

The owner of the land went to the district court with a complaint against the actions of the woman and the new owner of the house. He demanded to annul the entry in the Unified State Register of Rights on the registration of a land plot and to recognize the deal between a woman and her buyer for the purchase and sale of land and a house as invalid. He believed that only he had the right to own the land under the house, and the woman could only dispose of the building, without touching its plot.

The district court fully satisfied the plaintiff's demands, returning the land to him. The Krasnodar Regional Court did not agree with this decision and overturned the district court's decision. But the decision of the second instance was already canceled by the presidium of the regional court. He returned to the beginning and said that the district court, having met the owner of the land, was completely right.

As a result, the case reached the Supreme Court, which said - no, the presidium of the regional court was wrong, and such land disputes should be resolved differently.

Here is the logic of the main court of the country. So, the owner gave the house to the woman through a donation. The land on which the house stands was not handed over to her by the owner.

The woman registers ownership of the house and land. Then he sells the property. The district court, having accepted a lawsuit from the owner of the land, agreed to return the land to the man. The second instance called this decision erroneous. Because the issue of recognizing the rights of a man to a plot of land was not on the agenda of the district court session. There it was about the annulment of the registration of the house and land, as well as the recognition of the contract of sale of the house with the land as illegal. And the requirement to recognize the man's ownership of the land was not spelled out in the lawsuit. But for some reason, the district court decided this issue. The judicial board of the regional court pointed out such an error and canceled the district decision. The presidium of the regional court returned everything to the "district level" and confirmed that the right to the disputed land plot belongs to a man.

The Supreme Court did not agree with such a verdict and pointed the judges to the Land Code. It establishes the principle of the unity of the fate of land plots and objects firmly associated with it. This is article 1, paragraph 1, subparagraph 5. According to this article, all "objects firmly associated with the land plot follow the fate of the land plots," except in cases established by federal law.

In another article - the 35th of the same Land Code, the following is written verbatim: when the ownership of a building, structure, structure located on someone else's land is transferred to another person, it acquires the right to use the corresponding part of the land occupied by the building, and the necessary for its use. Moreover, the new owner uses the land under the house and near it on the same terms and in the same volume as the previous owner.

By the way, the Supreme Court stressed, exactly the same provision is contained in the Civil Code. This is Article 552. It states that when selling real estate located on a land plot that does not belong to the seller on the right of ownership, the buyer acquires the right to use part of the land plot on the same conditions as the real estate seller had before him.

In addition, the Supreme Court reminded his colleagues, there is one more federal law. It is called "On Enactment of the Land Code". And it also provides that citizens who have transferred ownership of buildings, objects and structures that stand on state or municipal land have the right to register ownership of such plots, except in cases where the land cannot be provided for private ownership.

The Supreme Court draws an unambiguous conclusion from all these legal norms - the right of lifelong and inheritable possession of a part of the land plot occupied by the building passes in succession from the previous owner to the new one simultaneously with the acquisition of ownership of the building.

So, having received the house, the woman received a lifelong right to own the plot on which it stands. In the course of the analysis of this civil case, it suddenly turned out that the man who gave the lady a house did not formalize his land plot. He considered himself the owner of the site, but he did not have the corresponding document. So the right to a one-time, free acquisition of land ownership also passed to the lady. The Supreme Court sided with the new mistress, who, according to the law, turned out to be right.

Usage of the term in Australia

British migration to Australia began in 1788 with the founding of the colony of New South Wales. One of the most famous cases of litigation for terra nullius there was a petition from the British Empire for the legitimacy of its claims to the Australian continent. At the same time, all Aborigines of Australia were declared subjects of the British Crown, who were subject to British law. Local laws and customs were considered invalid.

This concept remained in Australian law until 1992, when the High Court of Australia overturned the concept terra nullius. Aborigines received the right to live according to their own laws and customs. Thus, in Australia there are two legal systems: traditional and Anglo-Australian.

In other cases

West Sahara

Scarborough Reef

This group of islands is located in the South China Sea and is the subject of a territorial dispute between the PRC, Taiwan, and the Philippines.

The Philippines claims the islands on the basis that Scarborough Reef is terra nullius and is located in their exclusive economic zone. The PRC claims that Chinese fishermen discovered the island as early as the 13th century, and therefore the reef is Chinese territory.

Greenland

see also

Links

• Indigenous property rights in North America, Australia and New Zealand (Russian)
• S. Sokolovsky. Category "indigenous peoples" in Russian politics, legislation and science (Russian)
• Mabo Day in Australia (Russian)
• Stuart Banner: Why Terra Nullius? Anthropology and Property Law in Early Australia// Law ans history review (English)

International law
General provisions
Legal personality
Territory	legal regime acquisition
Population	Wikimedia Foundation. 2010 . Deutsch Wikipedia Terra nullius- Die Artikel Terra Nullius und Niemandsland überschneiden sich thematisch. Hilf mit, die Artikel besser voneinander abzugrenzen oder zu vereinigen. Beteilige dich dazu an der Diskussion über diese Überschneidungen. Bitte entferne diesen Baustein ... ... Deutsch Wikipedia terra nullius- ˌterənəˈlēəs, ˈnu̇lē noun Etymology: New Latin, literally, nobody s land: territory not annexed by any nation the greater portion of Antarctica … is still terra nullius L.M.Gould * * * terra nullius noun (L, nobody s land) land that is not part… … Useful english dictionary terra nullius- /tɛrə ˈnʊliəs/ (say teruh nooleeuhs) noun 1. uninhabited territory belonging to no state. 2. inhabited territory belonging to no state, and held not to be a state in itself, that is, having a population without a formalized political organization … Australian English dictionary Terra nullius- Historia de Australia Las fechas de la primera llegada de habitantes a Australia está aún sujeta a discusión. Existe fuerte evidencia de que alrededor de 42,000 a 48,000 años atrás, hubo un período de masivo cambio ecológico en Australia que se… … Enciclopedia Universal Terra nullius- Ter|ra nul|li|us die; aus gleichbed. lat. terra nullius Niemandsland, zu keinem Staat gehörendes Gebiet … Das große Fremdwörterbuch terra nullius- noun /ˈtɛrə nʌˈlaɪ.əs/)/ Empty land; land not legally belonging to anyone … Wiktionary

In June, the American Jeremiah Heaton found on the map a piece of the African desert, which officially does not belong to any state. Appealing to the laws of the colonial era, he called it his own and demanded recognition from his neighbors. In the future, he plans to build a prosperous monarchy there, and he is going to look for money through crowdfunding.

Jeremiah Heaton, an ordinary farmer from Virginia, was racing in a jeep through the desert in southern Egypt. Stopping, he climbed a small rocky hill and stuck a bright blue flag with a yellow crown in the sand, from which the sun's rays radiate in different directions. Thus, Heaton became a contender for one of the last pieces of land on the planet that does not belong to any state. He declared himself the king of a new country - Northern Sudan, and his daughter Emily - a princess. It may seem surprising, but from the point of view of international law, Heaton does have a theoretical chance to found a new state.

What is Bir Tawil?

This is a small piece of land trapezoidal shape with an area of ​​2060 square kilometers. The highest point is 500 meters above sea level. People don't live there, and trees don't grow. There is no access to the sea. Bir Tawil is one of the last places on the planet that does not belong to anyone.

The chiton captured a region called Bir Tawil - two thousand square kilometers of sand and stones. Squeezed between Egypt and Sudan, none of them need it: old disputes, whose roots go back to the colonial era, are to blame. This is the classic terra nullius - "no man's land". Nobody lives there, which means that the claims of Jeremiah Heaton are justified. Having turned into a news hero for several days, Heaton is not going to stop there and plans to achieve official recognition of Northern Sudan, and then wants to turn it into an agricultural oasis.

During an interview with Apparat via Skype, Heaton only briefly turned on his webcam. This is a good-natured overweight American, constantly smiling and a little gloomy due to a cold. The bushy beard he had grown on his voyage to Africa had already disappeared. Since he was talking from his car, no royal paraphernalia was visible nearby: he apparently left the flag, crown and scepter at home.

Apparat: Let's start with the obvious question. At what point did you come up with the crazy idea to create your own state in the middle of the African desert?

Jeremiah Heaton: The reason was my daughter's desire to become a princess. Since I am a curious person, I decided to find out if there is a place left on our planet where you can found your own country. After a long search, I stumbled upon the Bir Tawil region, which has not been ruled by anyone for more than a century. No one lives there: this is a real terra nullius - "no man's land". I went there and planted a flag.

There is nothing new in this. Remember the story of how a Russian submarine reached the North Pole and planted a flag at the bottom of the sea? This procedure has been around for thousands of years. This is an absolutely legal way to secure land.

What do your new neighbors, Sudan and Egypt, think about this?

So far, the Egyptian government has allowed me to cross its territory to get to Bir Tawil. There has not yet been a diplomatic discussion of the status of this land, but it will certainly follow. But surprisingly kind people sit in the government of Egypt. I think they will understand me - as well as in Sudan. However, international law does not require permission. But I still have to agree somehow: we have no access to the sea, for example, we will have to get through Egypt or Sudan.

Doesn't it bother you that Egypt and Sudan are rather dangerous neighbors? Constant revolutions, wars.

I traveled all over Egypt and talked to government officials and the military. And the communication was overwhelmingly positive. I read a lot of terrible news about the latest events in Egypt. But you know what? Reality is a little different. Look at what's happening in the US right now. In the city of Ferguson, Missouri, the police, the military are shooting at ordinary citizens. There is no country on this planet where there are no problems. And the way states in North Africa and the Middle East reacted to the Arab Spring is not too different from the US reaction to citizen uprisings - for example, it happened in the 1960s: the authorities did not hesitate to shoot at the unarmed.

Why did you decide to build a monarchy? Not the most modern form of government.

If you want to make someone a princess, then you have to become a king. That's why I chose the monarchy. I really hope that someone else will soon settle there and our monarchy will turn from an absolutist into a constitutional one. There will be a parliament and all that. But now, of course, no one is there.

My daughter told me, "Let's build a garden to feed the hungry Africans."

But in general, for a small population, a monarchy is not bad. The most important thing is how the state treats its citizens. The style of leadership is important, not the form of government - monarchy, democracy or dictatorship. My daughter's teacher goes to Africa every year to feed the children. My daughter told me, "Let's build a garden to feed the hungry Africans."

How are you going to do it? There is desert everywhere. That is why Bir-Tawil is really not needed by anyone.

Terraforming - turning a desert into land suitable for agriculture - has been successful in Egypt, Australia, and the United States. True, they used water sources very aggressively, we will have to be more economical. We want to create space for experiments in the development of innovative agriculture. I take an example from Elon Musk. He spent a lot of money to build his electric car. That's my goal: to attract scientists and resources in order to create a new agricultural revolution.

Do you have a lot of money?

We hope that in the coming years we will have enough of them to start the process. But first we need to make sure we have the perfect plan. Our scientists will fertilize the territories and develop agriculture in not the most favorable conditions. But we will start fundraising very soon, we will launch a crowdfunding project. There are already several celebrities who will help make videos of support. In total, I plan to raise 20 million dollars.

Will someone help you?

Of course, there are already people who are ready to support me. They work in the field of alternative energy. These are people from Africa, and from South America, and from Russia - in general, from all over the world. They understand that my goals are much more serious than the desire to make my daughter a princess. Our nation bears a great responsibility for the development of agriculture throughout the world. Global warming is already affecting the planet, and we will very soon need to grow food in fundamentally different conditions. My kingdom can become a testing ground for these technologies - the point where the next agricultural revolution will begin.

What are the names of the people from Russia who contacted you?

We do not yet disclose the names of the participants, but I have received many letters of support from scientists from Russia. Some of them want to help me.

Well, look how it turns out: you have no connections, no money, you do not name the names of your allies, you have not yet agreed with Sudan and Egypt. It all looks rather doubtful, don't you think?

Agree. But I understand that, like any big project, creating a country is a challenge. Yes, I am a simple American. But any state on our planet began with a few enthusiasts. The same USA began with a handful of colonists. And my country begins only with me. And we need to do a lot to develop the infrastructure, so that new citizens begin to appear there, so that we at least change the form of government a little. Therefore, I invite everyone to participate in this project, because I will not succeed alone.

Does that mean anyone can come?

Yes, sure. We are an open nation, anyone can come to us. And it seems to me that the very fact that in our time it is possible to take and create a state from scratch will allow the project to be successful. Listen, you're from Russia, right? I think your president is a very strong personality. And what he does... Let's just say I don't agree with everything he does, but I think you should be proud that you have a president who has a pretty clear view of things. And I am glad for any dialogue with the Russian government, with Russian investors. Although I am an American by birth, I consider myself a man of the world.

Entrepreneur Peter Thiel says that it is no longer possible to create a new society on Earth, free from the vices of the past - the planet is too corrupted by politics. He says that it is possible to do this only in space. Do you disagree with him?

I am sure that the society we will build will be positive. That people will be interested in creating a peaceful and philanthropic nation. And our goals are easy to achieve.

Reference: Does Jeremiah Heaton have the right to the occupied territory?

This is a rather difficult question, since there are no identical precedents.

At the turn of the 19th and 20th centuries, the British Empire twice divided the territory under its control between Egypt and Sudan. For the first time, Bir Tawil went to Sudan, the second time - to Egypt. Now both countries are arguing which of the two options is correct. But there is a problem: if one of them agrees to Bir Tawil, he will lose the neighboring Halaiba Triangle, a region that is much more attractive from an economic and geopolitical point of view. As a result, both countries claim that Bir Tawil does not belong to them. Heaton took advantage of this unique situation.

Thus, Bir Tawil is indeed a real terra nullius. It is to this concept that the American farmer appeals. For many centuries, states have taken over land in Australia, Africa and North America simply because they have no other masters. Randall Lesaffier, a professor of law at the Catholic University of Leuven, believes that this rule should still apply today. The principle of terra nullius, for example, is today the cause of a territorial dispute between Japan and China over several islands in the Pacific Ocean.

The problem is that the state of Northern Sudan created by Heath is not officially recognized by anyone, said political science professor Sheila Karapicho from the University of Richmond. This means that Northern Sudan cannot demand the right to the country of Bir Tawil, as, say, Russia or the United States could do. To fulfill his dream and make his daughter a princess, Heaton will first have to achieve the recognition of Northern Sudan, and this will not be easy.

Yes, there are two such places.

First - Land Mary Byrd in the west of Antarctica. It is so far away that no government seems to need it.

This vast strip stretches from the South Pole to the Antarctic coast and covers 1,610,000 square meters. km of the earth's surface. It is larger than Iran or Mongolia, but it is so inhospitable that it has only one permanent base - the American one. Mary Byrd Land is named after the wife of U.S. Navy Rear Admiral Richard E. Byrd (1888-1957), who first explored it in 1929. A remote research station in Antarctica inspired John Carpenter to create the cult horror film "The Thing" (« The Thing") (1982).

The administration of the rest of the territory of Antarctica is carried out by twelve states in accordance with the agreement signed in 1961. the Antarctic Treaty”, according to which the continent is declared a scientific reserve, and any military activity within its borders is strictly prohibited.

The largest territories belong to the countries that first explored the continent (Britain, Norway, France), and those that are closest to Antarctica (New Zealand, Australia, Chile and Argentina). The ocean beyond the land of Mary Byrd extends all the way to the desert regions of the South Pacific region, where no country can simply lay claim to it, referring to the geographical proximity.

The legal term for a territory not under the sovereignty of any state is Terra nullius, literally: "no man's land". And while Mary Byrd's land is the largest example of "no man's land" remaining today, there is another piece in Africa that could claim the same status.

Bir Tawil Triangle lies between two states, Egypt and Sudan, and does not belong to either of them. In 1899, when the area was under British control, Britain established the border between the two countries by drawing a straight line on a map of the desert. So the Bir Tawil region ended up in Sudan, and Egypt got a neighboring piece - the Halaiba triangle. In 1902, the border was redrawn (with a winding line), and Bir-Tawil (translated from Arabic as “well”, “source of water”) went to Egypt, and the Halayib triangle to Sudan.

By size Bir Tawil is not inferior to the county of Buckinghamshire (2000 sq. Km), and it is quite possible to assume that both countries simply had to get involved in a bloody conflict for it, but this is not so. Both sides need Khalayib - fertile, populated. It is located on the coast of the Red Sea and is ten times larger than Bir Tawil covered with stones and sand. At present, this region is controlled by Egypt, which refers to the border of 1899; Sudan, on the other hand, disputes the claims of the Egyptians, referring to the amendment of 1902. Both countries refuse Bir Tawil for the same reason.

The most disputed territory in the world- Spratly Islands. An archipelago of 750 uninhabited islets in the South China Sea is four square kilometers of land scattered across a sea area of ​​425,000 square meters. km. A rich fishing area and a potential center for oil and gas production, the Spratly Islands are not without reason contested by six states at once: Vietnam, China, Taiwan, Malaysia, the Philippines and Brunei. Apart from Brunei, everyone else maintains a military presence in the region.

To strengthen its claims, the Philippines sponsors the residence of an entire group of government employees on one of the islands. But even with a “shift” mode of operation, a business trip to the Spratly does not cause much enthusiasm: the charm of a tropical rock, which can be bypassed in thirty minutes, quickly fades.

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If, by the will of fate, you suddenly find yourself in icy lake water, the main thing, as Dr. Giesbrecht advises, is to control your breathing in the very first minute. When you begin to breathe calmly and evenly, remember: you have ten minutes before the cold begins to affect the muscles, and about an hour before hypothermia sets in. And one more thing: hot drinks do not help in the victory over the cold (although sweet ones do, because they give the body fuel to generate heat). And don't breathe on your hands trying to warm them up. The moisture in your breath will make your fingers even colder and increase the risk of frostbite.

DAVID MITCHELL: Isn't it a fact that the head is a part of ourselves, exposed more than all other parts?

STEPHEN: Yes, that's right, but if you expose, say, your arm, much more heat will escape through it than through the same head.

DAVID: If people walked around with bare bottoms, they would say: "Today is cool, put on a buttock cover."

What color should you wear in hot weather?

Even from the school curriculum, we firmly learned that white reflects sunlight, and black absorbs it, so the lighter the clothes, the cooler you feel in it.

However, everything is not so simple.

In hot countries, locals often prefer dark-colored clothing. The peasants of China and the old women in southern Europe are traditionally dressed in black, while the Tuareg - the nomads of the Sahara desert - prefer dark blue in their clothes.

Dark clothing is effective because two thermal processes occur at the same time. Heat comes down from the sun, but it also goes up, out. And although light-colored clothing reflects the sun's rays better, no native of the southern country will voluntarily stand in the scorching sun, and dark clothing has a clear advantage, because standing in the shade, you feel much more comfortable in it.

Also, don't forget about the wind factor. Those who live in really hot areas will never wear a tight-fitting jumper or an English suit. The clothing of these people is a loose tunic cape that provides maximum air circulation. A 1978 study on the importance of bird plumage color found that white feathers provide better heat dissipation in hot, calm weather; but as soon as the wind rose above 11 km / h, black feathers became more effective coolers - especially fluffy ones. Experiments with black and white cows led to similar results.

Applied to a person, in the presence of even the most modest breeze, loose black robes will remove heat from the body faster than they absorb it.

In less extreme climates, it's best to stay cool by learning how to handle windows. Physicists from Imperial College London have proven that the optimal air flow in a room occurs when the upper and lower sections of the sash window are opened at the same time.

If both holes are the same size, then the colder heavy air entering the room through the lower opening will begin to push the warmer and therefore less dense air out through the top - much like a gust of wind ventilates the Tuareg flying robe, known as ksa (k'sa).

A similar cape in French-speaking West Africa is called grand bubu(fr. Grand Boubou).

Is there a place on Earth that does not belong to any state?

Yes, there are two such places.

The first is the land of Mary Byrd in the west of Antarctica. It is so far away that no government seems to need it.

This vast strip stretches from the South Pole to the Antarctic coast and covers 1,610,000 square meters. km of the earth's surface. It is larger than Iran or Mongolia, but it is so inhospitable that it has only one permanent base - the American one. Mary Byrd Land is named after the wife of U.S. Navy Rear Admiral Richard E. Byrd (1888–1957), who first explored it in 1929. A remote research station in Antarctica inspired John Carpenter to create the cult horror film The Thing ("The Thing")(1982).

The administration of the rest of the territory of Antarctica is carried out by twelve states in accordance with the “Antarctic Treaty” signed in 1961, according to which the continent is declared a scientific reserve, and any military activity within its borders is strictly prohibited. The largest territories belong to the countries that first explored the continent (Britain, Norway, France), and those that are closest to Antarctica (New Zealand, Australia, Chile and Argentina). The ocean beyond the land of Mary Byrd extends all the way to the desert regions of the South Pacific, where no country can simply lay claim to it, referring to the geographical proximity.