Land laws are public relations between state bodies, municipalities, legal entities and individuals in the field of issuing orders on land ownership, agricultural land use, as well as the state management of the use of natural resources.
Land laws are regulated by the Civil and Land Codes of the Republic of Azerbaijan. The legal regime of lands is a set of rules established by legislation on land, urban planning, water, forests, the bowels of the earth and nature conservation in the field of land use, protection, accounting and monitoring, and applies to all land plots assigned to a specific land category. The land is the main object of real estate.
In the Republic of Azerbaijan, there is state, municipal and private ownership of a landplot. The land is a type of real estate property and it is protected by the state. The subjects of the right to property are: on state-owned land plots - the Azerbaijan state, on municipally owned land plots - municipalities, on privately owned land plots - citizens and legal entities of the Republic of Azerbaijan. The right of ownership to a land plot consists of the rights of the owner to sole or joint ownership, use and disposal of the land plot.
Violation of property rights to a land plot entails liability in the manner defined by law. Transactions on the sale, gift and unauthorized change of categories of land owned by another person, as a rule, are invalid.
State ownership of land
State-owned lands include:
- Land on which public authorities are located;
- The lands on which state facilities are located - mining facilities, approved mineral deposits, a unified energy system, trunk pipelines, transport, communications and defense, objects of state border lanes, important land reclamation and water management facilities;
- Land of summer and winter pastures, livestock sites and nomadic roads;
- Forest land (including forests of state agricultural enterprises);
- Land located under the coastal 20-50-meter strip of the sector of the Caspian Sea (lake) belonging to the Republic of Azerbaijan;
- Lands of the state reserve fund.
The above lands are the exclusive property of the state and can be used and leased in accordance with the rules established by regulatory legal acts.
Municipality title to land
According to article 47 of the Land Code, lands belonging to the municipalities are divided into lands in common use, lands in use by legal entities and individuals, lands of the reserve fund. Lands that are in common use include lands on/near streets, squares of cities, towns and rural settlements, local roads and on-farm roads, parks, forest parks, reservoirs, stadiums, sports grounds and cemeteries, as well as lands on which shelterbelts, water facilities of local importance, hydraulic structures, structures of local importance, lands in common use and lands of pasture, lands used for livestock.
Private ownership of lands
According to Article 49 of the Land Code, the right of private ownershipof legal entities and individuals to a land plot is the right to own, use and dispose of land in compliance with the restrictions and other conditions required by law and contract.
Thus, the right of private ownership of legal entities and individuals to land arises on the basis of privatization, purchase and sale, inheritance, donation, exchange of state and municipal lands and other transactions related to land, as well as transfer to the authorized (equity) fund of legal persons.
Land lease is one of the most common types of contracts to date. Lease terms, fees, and durations are determined by the agreement of the parties by law.
According to article 51 of the Land Code, the right to lease a land plot means paid use of land on the basis of an agreement. Land plots on lease are provided to citizens and legal entities of the Azerbaijan Republic, foreigners and stateless persons, foreign legal entities, international associations, and organizations, as well as foreign states.
The relevant executive authorities act as the landlord for the lands owned by the state, municipalities for the lands owned by the municipality, and the owners of these lands for the privately owned lands.
The lessee may transfer the leased land to another person in sublease (secondary lease) with the permission of the owner. As part of real estate, this area of regulation is also based on relevant legal acts related to the sale, donation, lease, transfer of land as an inheritance. Provision of state and municipal lands for use by legal entities and individuals carrying out activities for the purpose of making a profit on a rental basis is regulated by the Law on Land Lease.
Land plots, as indicated in the Land Code, provided for in the territorial planning of land use for agricultural needs, are considered agricultural land.
The composition of agricultural land includes agricultural land, land located under forest belts, on-farm roads, communications, swamps, ponds, buildings and structures necessary for farming. According to Article 12 of the Land Code, agricultural land includes land for crops, perennial plantings, fallow lands, meadows, and pastures. Agricultural places (lands) are specifically protected. Transfer of these lands for non-agricultural purposes to other categories is permitted in exceptional cases by decision of the relevant executive authority or municipality in the manner prescribed by this Code and other legislative acts.
Land Reserve Fund
The lands of the reserve fund consist of state and municipal reserve lands. The lands of the state reserve fund include state lands not provided for ownership, use and lease to municipalities, citizens and legal entities.
The lands of the state reserve fund include land plots whose right to use has been terminated, as well as those withdrawn from economic circulation as a result of conservation. The lands of the municipal reserve fund include lands attracted for the prospective development of settlements, municipal lands, the right to use and lease of which by legal entities and individuals has been terminated, and other municipal lands with reserve goals. The use of the lands of the reserve fund is allowed after their transfer to the appropriate category. The rules for using the lands of the reserve fund are established by the relevant regulatory legal acts.
Legal services related to land law
Legal services related to land law are provided when renting, selling or disposing of real estate. Specialized lawyers of our company provide you with services related to land law and litigation in the field of real estate, litigation, appeals and cassation complaints.