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

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

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 civil circulation. Although today it is generally accepted in any country around the world.

It is worth noting that in pre-revolutionary Russia it began to be used only after the implementation of the corresponding decree of Peter the Great in 1714, which was issued in order to limit the turnover of real estate and its further inheritance. In Soviet times, after private ownership of land was completely abolished, the concept of "real estate" was gradually transformed into the category of fixed and circulating assets (the concept of "movable property" also appeared). At the same time, land plots were taken into account separately in accordance with 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 happened due to the establishment of the status of private ownership of land. It was finally enshrined in legislation by the Decree of the President of the Russian Federation, which came into force on October 27, 1993.

Concept and signs

In everyday life, the concept of "real estate" is quite common. However, in reality, few people understand that external visibility 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, historical traditions and other conditions.

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

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

What's included?

Today, urban and suburban real estate are concepts that are not limited to some brief indication of certain significant features. They represent a complete synthesis or sum of knowledge about a particular subject. As in other civilized countries, in Russia it is customary to define real estate mainly by the scope of the concept, that is, the list of things and rights,which are included in it. In particular, urban and suburban real estate includes the following objects:

• plots and subsoil funds;
• land plots;
• everything that has a direct connection with the land, that is, various structures, buildings or objects of unfinished construction;
• objects equated to real estate, which provide for the need for 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 real estate is, it is possible to single out land plots and everything that is directly connected with them, but cannot be moved without causing disproportionate damage to its purpose. At the same time, it should be noted right away that since 2007, forests and perennial plantations have been completely excluded from the composition 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 any other, and not by species or generic characteristics, which could call it understandable, but due to the fact that it is advisable to apply to them a certain legal regime established for real real estate, which currently does not include all types of roadscountries.

What is this?

Determining the essence of real estate only from a material point of view is important in almost all branches of knowledge, but at the same time it is clearly not enough and it does not allow to completely exhaust the totality of features inherent in its content. In practice and in theory, it is necessary to correctly understand what are the differences between what constitutes private or state real estate as a material physical object and as a complex of social and economic and legal relations that ensure a special order for the disposal of such objects, as well as a 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 considered as a commodity in three forms that are closely interconnected:

• as a physical object with certain characteristics;
• a certain service that allows you to use real estate for certain purposes;
• a real right to any real estate.

The geographical concept of this concept allows you to fully reflect the physical characteristics of real estate, including:

• material and construction of structures;
• location and dimensions;
• soil fertility;
• climate;
• improvements;
• environment;
• other options.

The market where the sale and rental of real estate is carried out, considers a single system as a separate independent object, made in the form of a whole complex of installations, structures, facilities, equipment and other property, which is combined by a functional purpose. It includes any property specified in the technical passport, as well as additionally built during use, while having a functional connection with a specific building in such a way that it cannot be moved without causing disproportionate damage to the purpose.

Worth noting: The Ministry of Finance specifically emphasized that a particular real estate object must necessarily include a variety of sources of fixed assets, including elevators, local networks, built-in ventilation systems, as well as other communications. At the same time, real estate (secondary housing or primary) does not include fixed assets that are accounted for as separate inventory objects and do not require installation, and can also be used outside this object if their dismantling does not cause disproportionate damage to their main purpose.

Also, one should not forget that chemical, biological, physical, man-made and other processes have a direct impact on real estate. The concept of real estate providesa constant change in its consumer qualities and functional suitability, and this is taken into account in the process of making all kinds of financial transactions, as well as owning and using it.

Economy

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

• its price and value arising primarily from its utility;
• the ability to meet the various interests and needs of people.

The current system of taxation of property owners ensures the formation of municipal budgets, as well as the implementation of a number of specialized social programs.

Legal side

In a legal sense, real estate is a certain set of private and public rights to it, which are established by the state, taking into account domestic characteristics, as well as all sorts of international norms. Primary and secondary real estate may include indivisible or partial private rights, as well as underground resources, buildings and air space divided on the basis of physical vertical and horizontal demarcation into the surface of land plots.

In the same way as in the overwhelming majority of modern civilized countries of the world, in Russia the legislation is guaranteedeach individual has the right to buy, sell, lease or transfer property, as well as the right to own and use it by other citizens and enterprises, that is, the possibility of absolutely free disposal of their property. But at the same time, it should be noted that in some cases, ownership of real estate (apartments or private houses, meaning) becomes in conflict with the interests of the public, 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 a buyout for any municipal or state needs, while a land plot with all structures 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;
• environmental protection requirements;
• transfer to economic management;
• taxation of property and various transactions with it;
• the right to ownerless real estate and others.

Social sphere

The social role played by various real estate (dachas, apartments and private buildings) is that it must satisfy the psychological, physiological, intellectual and other needs of a person. Everything that people may need to ensure survival and a decent life,they ultimately get it from the earth. Today, property ownership is prestigious in the public mind and is required in order to form a civilized middle class.

World practice

World practice considers real estate as a certain land plot and everything that is under it (and with a projection to the center of the earth), as well as above it, extended indefinitely, including any permanent objects that were attached to it by nature or human.

In general, any owner of a certain land is also the owner of any of its constituent parts, including the mineral deposits that are located under it, as well as the corresponding airspace. However, it has every right to control only as much airspace as it can reasonably use in accordance with applicable legal restrictions, and in particular this concerns the full sovereignty of the government over the airspace navigation of the state.

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

Practice in Russia

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

It is also worth noting the fact that the physical and economic and legal composition of real estate owned by a person does not include the airspace located above the surface of the land, since in itself it has a public character and is wholly owned by the state. Only on lands owned by state funds, the concept of real estate provides for the inclusion of all components located in a vertical projection.

Properties

The main fundamental properties that characterize the concept of "real estate" are its materiality, immobility and non-consumability, and the rest of the specific and generic features are based on them.

It is also important to mention that there is a whole list of boundary concepts between immovable and movable objects. ATIn Russia, it is customary to use the terms “essential inseparable parts” and “accessories of immovable things” to designate them. Essential in this case are called inseparable components of real estate that cannot be separated without causing disproportionate damage not only to the object, but also to themselves.

Accessory is a movable item that has 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.).