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Aleksandrova N.V., Karpov A.V.
Restrictions and encumbrances on property rights in the real estate sector
Keywords: property, assets, real estate, restrictions, encumbrances, the Civil Code of the Russian Federation, real estate objects
In the Russian legal system, a relevant range of issues is related to the institution of real estate. Depending on the intended purpose of the real estate object, the legislator may set restrictions or encumbrances for their use. They are aimed at protecting the interests of both owners and other participants in civil turnover: individuals and legal entities, public authorities. Most of the difficulties in implementing the real estate rights are of a civil law nature, which are caused by the conflicting content of legal norms and their effect on legal relations. Generalization and analysis of current practice in this area of relations indicates that there are some problems and the need to resolve them by making amendments and additions to existing laws and industry acts. This, in turn, should contribute to creating effective mechanisms and ways to protect the interests of owners in the field of exercising the right to property, removing restrictions and encumbrances of rights to real estate. The purpose of the study is a comprehensive analysis of the legal nature and types of restrictions on ownership of real estate in the Russian civil law, as well as identifying their relationship to encumbrances and determining their impact on the scope of the owner's powers. Materials and methods. The methods of general scientific and specific analysis, generalization were applied, which made it possible to identify the features of the topic under study and formulate conclusions for studying problematic aspects of restrictions and encumbrances of property rights in the real estate sector. The methodology of the work is based on applying an integrated approach focused on a comprehensive legal analysis of the stated problem. When considering and analyzing the issues raised, civil law provisions, scientific publications and works on real estate issues were used. A systemic approach is used as a methodological basis, including comparative legal and formal legal analysis of the provisions of the Civil Code of the Russian Federation, federal legislation and judicial practice. Results. The study revealed the legal nature of these institutions as a deterrent mechanism that provides a balance between the rights of the owner and public or private interests. Based on scientific doctrine (S.A. Charkin, T.E. Kolosova) the authors considered and applied criteria for classifying restrictions and encumbrances, and determined their relationship: restrictions are understood as general objective limits of rights established by law, while encumbrances act as their specific forms, directly narrowing the scope of authority in relation to a particular object. The analysis of the regulatory material and the analysis of the court case made it possible to establish that the impact of restrictions and encumbrances is manifested mainly in the sphere of powers of use and disposal. At the same time, a comprehensive interdisciplinary nature of the institution was proved, which is regulated not only by the civil law, but also by land, housing law, and, in certain aspects, by the environmental and urban planning law. The study also revealed a number of such urgent law enforcement problems as difficulties associated with facilities on non-demarcated land plots, under-registration of rights in new buildings and the need to strengthen responsibility for concealing information about encumbrances. Conclusions. Restrictions are a deterrent mechanism that provides a balance between the rights of the owner and public or private interests. They establish common boundaries for rights. Specific forms of restrictions that directly narrow the scope of authority are encumbrances. Their impact on the rights of the owner is mainly manifested in the sphere of disposal and use of property. Ownership rights are a legal institution of a comprehensive, cross-sectoral nature, the norms of which are regulated by civil, land and housing legislation. Solving the problems of law enforcement practice requires further specification of legislative structures of restrictions and encumbrances, as well as the development of their uniform understanding in judicial practice.
References
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About authors
- Aleksandrova Nadezhda V.
- Candidate of Law Sciences, Associate Professor, Department of Civil and Legal Disciplines, Chuvash State University, Russia, Cheboksary (nadyaalex@list.ru; ORCID: https://orcid.org/0000-0002-7145-3010)
- Karpov Alexey V.
- Candidate of Historical Sciences, Associate Professor, Department of Documentation, Information Resources and Auxiliary Historical Disciplines, Chuvash State University, Russia, Cheboksary (alekkarp@yandex.ru; ORCID: https://orcid.org/0000-0003-0770-5129)
Article link
Aleksandrova N.V., Karpov A.V. Restrictions and encumbrances on property rights in the real estate sector [Electronic resource] // Oeconomia et Jus. – 2025. – №4. P. 50-60. – URL: https://oecomia-et-jus.ru/en/single/2025/4/5/. DOI: 10.47026/2499-9636-2025-4-50-60.
