Free use of real estate

FREE USE OF REAL PROPERTY

I. ISRAFILOV The Civil Code of the Russian Federation (Chapter 36) does not contain any special rules regarding the gratuitous use of real estate, therefore one should be guided by the general rules governing these relations. At the same time, to agreements for gratuitous use in accordance with clause 2 of Art. 689 of the Civil Code also applies to a number of general provisions on rent. But since in relation to the lease of certain types of real estate, in particular buildings, structures and enterprises, the legislation also contains special rules, about the application of which to the gratuitous use nothing is directly said, the logical question would be: are these rules subject to application in relation to gratuitous use of these types of real estate? The answer can be in the affirmative, but with one caveat: the application of these norms is possible if they do not contradict the provisions of the legislation on gratuitous use and do not contradict the essence of these legal relations. In accordance with the general rule on rent contained in paragraph 1 of Art. 607 of the Civil Code, which also applies to gratuitous use, the objects of these legal relations can be all types of real estate, including land plots and other isolated natural objects, enterprises, buildings, structures and other real estate objects. In other words, all real estate objects can be rented out without any restrictions (legislation may establish specifics for renting out certain types of real estate), including an apartment or a residential building. At the same time, according to paragraph 2 of Art. 671 of the Civil Code, residential premises can be leased to legal entities only under a lease agreement or another similar agreement, including under an agreement for free use and with the condition that they be used for the residence of citizens. The question is: can individuals also be users of residential premises free of charge? If yes, then what norms of legislation should be applied by analogy to these legal relations - on renting or leasing residential premises? There is nothing contrary to the law in the free use of residential premises by individuals. Moreover, one of the types of such use is already provided for in housing legislation (Article 59 of the Housing Code). Assuming this, we should also agree that the rules governing the rental of residential premises would be more suitable than others to the relationship of gratuitous use of residential premises. But, of course, in part that does not contradict the norms of the Civil Code on gratuitous use and the essence of the latter. Otherwise, a situation may arise when the possibility of these relations will contribute to the regulation of legal relations by rules that are not at all suitable for this purpose. Focusing on the gratuitous use of real estate, the legislator speaks of “temporary use” (clause 1 of Article 689 of the Civil Code), and in relation to rent both in general (clause 1 of Article 606) and the lease of certain types of real estate ( Clause 1 of Article 650 - lease of buildings and structures, clause 1 of Article 656 - lease of an enterprise as a property complex) also speaks of “temporary possession”, although in relation to the lease of buildings and structures this condition is not mandatory. Since the basis of transactions in all these cases is the receipt of real estate for use, it can be assumed that the use of real estate in these cases should be the same - with its transfer for temporary possession and use or only for use. By virtue of Art. 690 of the Civil Code, the lender of real estate can be its owner or a person authorized by the owner or when he has such a right by virtue of a direct indication of the law. Thus, by virtue of a direct prescription of the law, real estate, in particular buildings, structures and enterprises, can be provided for free use by its tenants. The tenant of the enterprise can do this without the consent of the lessor, unless otherwise provided by the lease agreement (Article 660 of the Civil Code), and the tenant of the building or structure must first obtain the consent of the lessor in accordance with clause 2 of Art. 615 of the Civil Code, which is a general rule on leasing, since the rules on leasing buildings and structures do not contain any provisions in this regard. Regarding the duration of the agreement for the gratuitous use of real estate, it is necessary to be guided by the general provisions on lease. By virtue of the direct instructions of paragraph 2 of Art. 689 Civil Code and in accordance with Art. 699 of the Civil Code does not apply the rule that both parties to a real estate lease agreement concluded for an indefinite period have the right to cancel it at any time by warning the other party three months in writing. The notice period for cancellation of an agreement for the gratuitous use of property, including real estate, is determined in accordance with the general procedure - one month, unless this period is changed by the agreement. Unlike the lessee, the borrower of real estate also has the right to refuse the agreement in cases where it is concluded for a certain period at any time before the expiration of the agreement, unless otherwise stated in the agreement itself. When using real estate free of charge, all those conditions that are mandatory when concluding a lease agreement for real estate, except for the amount of rent, must be essential. Instead of the last condition, the parties to the contract indicate the gratuitous nature of the use of real estate as an essential condition of the contract. The same can be said with regard to the determination by the parties in the agreement of the amount of rent, when residential premises are transferred for the free use of the borrower - an individual. When concluding agreements for the gratuitous use of real estate, one must also comply with the condition for determining the subject of the agreement, which allows for the individualization of real estate, including its location on a land plot, as part of another complex, as well as its postal address, floor, etc. As for the form of the agreement for the gratuitous use of real estate, clause 2 of Art. 689 of the Civil Code does not speak about the extension of the requirement of paragraph 1 of Art. 609 of the Civil Code on the conclusion of lease agreements for a period of more than a year or, if one of the parties is a legal entity, in writing and in cases of use of property free of charge. But in both of these situations, the mandatory conclusion of an agreement is associated by the legislator with the object of the relationship in question - real estate. In these cases, the legislator attaches importance to such points as the term and the representation of one of the parties to the legal entity, regardless of the term of the contract. Since the legislation refers to the extension of rental provisions to cases of gratuitous use only in the general part of these norms, then in relation to the regulation of gratuitous use of real estate, it seems possible to apply the norms on the rental of buildings (Articles 650 - 655 of the Civil Code), of course, to the extent that does not contradict the norms of legislation on gratuitous use and the essence of these relations. Taking into account this and the importance of real estate objects among the objects of civil rights, we can conclude that agreements for the gratuitous use of real estate must be drawn up in writing. Based on these same considerations, one can agree with the opinion about the need for mandatory state registration of these types of contracts. Further confirmation of this is clause 6 of the Regulations on the provision of forest areas for free use, which directly provides that agreements on this must be concluded in writing and are subject to mandatory state registration. ——————————— Civil law. Textbook. Part 2 / Ed. A.P. Sergeeva, Yu.K. Tolstoy. - M., Prospekt, 1997, p. Advertisement 625 of the Civil Code in this part establishes other rules and requirements. So, in accordance with Art. 695 of the Civil Code, the responsibility for major repairs of real estate is assigned to the borrower, unless otherwise provided in the loan agreement. In contrast to this rule, the rules on gratuitous use do not contain any provisions regarding improvements made by the borrower not only to real estate, but also to any other property. Therefore, in this part one should be guided by similar rules governing rentals - Art. 623 Civil Code. From the rules governing gratuitous use also follows such a feature in legal relations of gratuitous use of real estate as limiting the lender’s liability to only the actual damage caused (Articles 691 - 694 of the Civil Code). In contrast to legal relations of lease, the risk of accidental destruction of an immovable thing in accordance with Art. 696 of the Civil Code is also borne by the borrower if the thing was destroyed as a result of his using the thing for other than its intended purpose or in violation of the requirements of the agreement, as well as if he transferred the immovable thing to the custody of a third party without the consent of the lender. The borrower bears the risk of accidental destruction of the immovable property even when, taking into account the circumstances, he could have prevented its destruction by sacrificing his property, but he chose to keep his. Similar to the right of a tenant of real estate, as its title owner, the right of a borrower of real estate, by its legal nature, also has a proprietary nature. But unlike the lease of buildings, businesses and other real estate, real estate loan agreements can be either real or consensual. LINKS TO LEGAL ACTS “HOUSING CODE OF THE RSFSR” (approved by the Supreme Council of the RSFSR on June 24, 1983) “CIVIL CODE OF THE RUSSIAN FEDERATION (PART TWO)” dated January 26, 1996 N 14-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on December 22, 1995) RESOLUTIONS LECTION of the Government of the Russian Federation dated 18.02 .1998 N 224 “ON APPROVAL OF THE REGULATIONS ON THE PROVISION OF FOREST AREAS FOR FREE USE” Legality, N 12, 2000

SANCTION OF THE PROSECUTOR OR COURT DECISION? "

>Type of use of real estate

The reasons for using real estate may be the following factors:

1. Writing an application for the use of real estate to the necessary authorities;
2. Purchase and sale agreement;
3. Lease contract;
4. Civil service resolution, court decision, agreement with another user.

In any of the above cases, ownership of real estate will occur on legal terms. In other cases, a person may be deprived of ownership of the property.

It is the state that makes it possible to own real estate, creating specific requirements for this. If they are not followed, negative results may occur.

Free use of real estate: paperwork

The conclusion of the agreement is carried out voluntarily by the parties. It should be noted that gratuitousness implies certain responsibilities for organizations acting as lenders. For example, in accordance with the Federal Law “On Librarianship”, it is established that every enterprise and citizen can temporarily receive any documents from institutions that are partially or fully funded from the federal, regional or local budget. In ch. 36 of the Civil Code there are no special rules regulating the procedure by which an agreement should be concluded, as well as determining its form. In addition, Art. 609 is not included in the list of articles referenced in Art. 689, paragraph 2. In this regard, when drawing up an agreement, it is necessary to be guided by general rules. In particular, this means that if free rent of premises is carried out, the cost of which is no less than 10 times higher than the minimum wage, the transaction between citizens is formalized in writing. If an agreement is concluded between an individual and an enterprise, then this form is mandatory regardless of the price of the object. In other cases, it is allowed to formalize the transaction orally, as well as through implicit (indicating the corresponding intentions) actions. The written form of the agreement specifies the subject of the transaction, the obligations and rights of the parties, the period during which the residential premises or other facility will be used, the responsibilities of the participants, and the return rules.

Use and ownership of property

Ownership

• this is the ability to actually possess property, so to speak, physical “dominion” over it. The right of possession in relation to tenants allows them, firstly, to determine various conditions of access to the property and, if necessary, to physically influence it. For example, moving rental property in space (provided that it is movable).

This important circumstance allows the tenant to use the property more rationally. Depending on current needs, in the right place and at the right time, the tenant can use the leased property at his discretion without downtime. This is confirmed by established judicial practice.

Right to use property

• This is the right to extract useful properties from property. Regarding rental relations, the use of property must be carried out in accordance with the terms of the concluded agreement. So according to paragraph 1 of Art. 615 of the Civil Code of the Russian Federation The tenant is obliged to use the leased property in accordance with the terms of the lease agreement, and if such conditions are not specified in the agreement, in accordance with the purpose of the property.

Please note that the use of the leased property is the main purpose of the entire lease agreement.

It is for the tenant's ability to use the leased property that rent is charged. Ownership of property here is, oddly enough, secondary; the main right when renting is, of course, the ability to use the property. The key word here is opportunity. In reality, the tenant may not use the property; it is important that he has such an opportunity. Whether he realizes his opportunity or not is his right. This is a very important point.

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The tenant is essentially not obliged to pay the lessor the rent stipulated by the contract for the period during which he is actually deprived of the opportunity to use the leased property. The tenant has the right to demand from the lessor the return of funds (rent payments) paid by him during this period.

This legal position is confirmed by judicial practice.

Right to dispose of property

• The ability provided by law to determine the legal fate of a thing. The order is carried out through the execution of legal acts, i.e. actions aimed at achieving legal consequences. When disposing of a thing, the owner sells it, donates it, leases it, etc.

Sometimes the right to dispose of property may belong to the non-owner. Thus, a tenant (tenant), under certain conditions, can sublease (sublease) an item received under a lease (lease) agreement (Article 615 of the Civil Code of the Russian Federation). But the non-owner is never given the right to dispose of the thing in full.

Type and terms of use of the apartment

postal code, locality, region, street, house, building, apartment number (as indicated in the passport). Section 1 “Information on income” indicates all types of income, including salary, pensions, benefits, and other income for the reporting period (with the amount rounded up). “Other income” should also include: - compensation to judges for sanatorium-resort treatment (or the cost of a voucher for sanatorium-resort treatment); — compensation for judges for the cost of travel to the place of rest and back; — compensation for judges for the cost of travel documents for travel by all types of public transport; — compensation for expenses of judges related to the rental of residential premises; — a monthly salary supplement in the amount of 50% of the judge’s monthly lifetime salary; — monthly allowance for child care up to 1.5 years; – payments under a voluntary insurance agreement (for example, CASCO) or under other insurance agreements; – income received from the sale of real estate (apartments, houses, cottages, gardens, land plots and other real estate), income from the sale of cars, regardless of whether this income is subject to taxation or not. Property tax deductions are not reflected in the “other income” column. It should be borne in mind that if during the reporting period a civil servant realized (sold) movable or immovable property owned for less than three years, an obligation arises to submit a tax return to the tax authority in Form 3-NDFL. In section 2 “Information about property” in subsection 2.1.

Types of legal grounds for the use of residential premises

Thirdly, the provision of Part 4 of Art. 31 should be applied taking into account the norms of the Civil and Family Codes regulating the legal regime of the property of spouses if a marriage contract was not concluded between them. If spouses acquire ownership of residential premises during marriage, even if the title owner of this residential premises is one of the spouses, the residential premises will be subject to the right of common joint ownership, therefore, upon divorce between the former spouses, a dispute will arise not about the right to use the residential premises, but on the division of residential premises as jointly acquired property. A similar situation arises in cases where, according to Art. 256 of the Civil Code of the Russian Federation, as well as Art. 37 of the Family Code of the Russian Federation, residential premises that belonged to one of the spouses before marriage or received by him during the marriage as a gift or by inheritance will be recognized by the court as joint property at the claim of the former spouse, if it is established that during the marriage at the expense of the common the property of the spouses or the property of each of the spouses or the labor of one of the spouses, investments were made that significantly increased the value of this property (major repairs, re-equipment, etc.).

According to Article 130 of the Civil Code of the Russian Federation, immovable things (real estate, real estate) include land plots, subsoil plots and everything that is firmly connected to the land, that is, objects whose movement without disproportionate damage to their purpose is impossible, including buildings, structures , objects of unfinished construction.

Types of property rights to real estate and their regulation

Types of property rights:

Includes the following types of rights:

1. The right of lifelong inheritable ownership.

Includes the following types of rights:

1. The right of permanent unlimited use.

Includes the following types of rights:

1. Right of fixed-term use (lease).

Includes the following types of rights:

1. The right of limited use (easement).
2. The right of economic management.
3. Right of operational management.
4. The right of trust management (trust, trust management).

Ownership means the right to actual possession of some object.

The right of use is the right to extract useful consumer properties from an object.

The right of inheritance is the right to transfer by inheritance (by will or by law).

The right of disposal is the right to change the legal status of an object, the right to alienate this object by selling it, donating it, bartering it, etc.

- means that its subject can use the property in his own interests and can perform the following types of operations with it:

- alienate (sell, give);

— perform barter operations with the object;

— transfer ownership and use rights to other persons (for example, rent);

— transfer an object by inheritance;

— present the object as collateral (for example, for mortgage lending secured by loan repayment).

2. General: common joint property and common shared property.

Individual property

- a right that is owned by one person. This type of right can be acquired by one unmarried person or one of the married spouses, subject to the appropriate conditions in the marriage contract.

Common joint property

– a right in which several persons jointly own, use and dispose of a property, and decisions related to this property are made jointly. In this case, the share of each ownership participant is not allocated. This type of right can be acquired: by one family during the privatization of housing, by spouses in marriage.

Common shared ownership

- this is a right, the owners of which are several persons, and at the same time the share of each participant in the property is allocated. Each participant in common shared ownership can, at his own discretion, exercise all his rights given to him as the owner (rent, donate, inherit, etc.); but in case of sale of a share, consent is required, or a notarized waiver of the preemptive right to purchase the share being sold from other co-owners.

An example of common ownership is a condominium.

Condominium

– a complex of real estate, including: a residential building, a plot of land underneath it within established boundaries, as well as auxiliary facilities and communications.

The condominium is owned by a homeowners association - HOA.

HOA

– a non-profit organization that has the status of a legal entity (presence of a seal, balance sheet, current account), and unites owners of multi-apartment residential buildings for joint effective management of real estate.

The HOA is created and operates in accordance with the Housing Code of the Russian Federation (2005).

For HOA members, their own housing is in personal ownership, and the land plot, entrance, attic, basement and other premises are in common shared ownership. In this case, the share in the right to common property is determined in proportion to personal property.

1. The right of lifelong inheritable ownership.

This right is typical for land relations and, in accordance with the Land Code of the Russian Federation (which came into force in 2002), is subject to re-registration for ownership or lease rights.

This right means that its subject, during his life, can use the land plot in his own interests, rent it out and pass it on by inheritance, but he cannot donate it or sell it (that is, there are no alienation transactions). If the subject does not have an heir, then after his death the object passes to the benefit of the state.

1. The right of permanent unlimited use.

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This right is typical for land relations and, in accordance with the Land Code of the Russian Federation (which came into force in 2002), is subject to re-registration for ownership or lease rights.

This right means that its subject can use the land plot in his own interests for an unlimited time (possibly throughout his entire life), but cannot sell it or inherit it (that is, there are no alienation transactions and transfer of rights by inheritance).

1. Right of fixed-term use (lease) —

- this right means that its subject (owner) can use the property in his own interests only for a limited time established by the lease agreement.

Depending on the rental period:

— short-term – up to 1 year (not subject to state registration);

– medium-term – from 1 year to 5 years (subject to state registration);

– long-term – more than 5 years (subject to state registration).

1. Right of limited use (easement) –

- this right means granting another person the right to limited use of someone else’s property (usually the right of passage or passage through someone else’s land plot).

This right is an encumbrance on the property, which is indicated in all title documents.

The right of easement can be established in court, and the owner of the object encumbered by the easement can be paid compensation.

—

the right that is granted by the owner of the property (the state) to federal and municipal unitary enterprises in relation to certain property transferred to them by the owner at the time of establishment (registration) of the specified enterprise, for the use of this property for economic purposes. These enterprises have the right to own, use and dispose of property (including: sell, donate, pledge); restrictions on transactions with property transferred to enterprises are, as a rule, established within the framework of the constituent documents.

1. Right of operational management -

- a right that is granted by the owner of property (the state) to federal and municipal enterprises and institutions in relation to certain property. These enterprises and institutions have the right to dispose of property only with the direct instruction (disposition) of the owner, as well as to use this property for the purposes specified by the owner.

1. The right of trust management (trust, trust management) -

- this is the right that is granted by the owner of the property (trustor) of a trust company (law firm, notary office, consulting firm, management company, anti-crisis company, etc.) in relation to certain property on the basis of a trust agreement (trust management agreement). The trust company has the right to manage and dispose of property only in the interests of the owner.

Transfer of workwear and special equipment into operation.

Operations of transferring workwear and special equipment to production are registered in the program using the document “Transfer of materials to operation.”

When issuing workwear, you must indicate the individual to whom the workwear is being transferred.

The line in the tabular section indicates the account for the transfer of workwear into operation (by default, it is substituted from the item accounting account settings).

To transfer special equipment to production, the same document is used, but a separate “Special Equipment” tab is intended for special equipment:

As you can see, there is no “Individual” attribute on this tab. But it is necessary to fill in the “Location” detail - it indicates the workshop to which the special equipment is transferred.

Separately, I would like to consider the “Purpose of Use” attribute. It is intended to reflect the method of paying off the cost of workwear and special equipment for expenses and is required to be filled out in any case.

Methods for repaying the cost of workwear and special equipment are described in the “Purpose of Use” directory.

Workwear is mainly written off as expenses upon transfer to operation, and to describe its intended use, the “Method of repayment of cost” will be “Repay cost upon transfer to operation.”

The “Quantity according to the issuance standard” detail is intended for automatic substitution in documents for transferring materials into operation.

The procedure for repaying the cost of special clothing (special equipment) depends on the useful life. If the period is more than 12 months, then in accounting the cost of workwear will be written off as material expenses in a linear manner depending on the period of use, and in tax accounting its cost is immediately written off as material expenses.

The peculiarity of special equipment is its long service life at a cost of less than 40 thousand rubles, which makes it impossible to classify it as fixed assets.

The method of paying off the cost of special equipment can be linear or proportional to the volume of products (works, services). In the latter case, it is necessary to enter a monthly document “Material Production”, which is intended to register the volume of products produced to pay off the cost of special equipment in operation.

The attribute “Method of reflecting expenses” determines the debit of the posting for writing off the cost of workwear (special equipment) - it describes the production account (20 or 25), the cost division and analytics - the item group and the cost item.

The document generates postings to balance sheet accounts 10.10 and 10.11, as well as to the debit of off-balance sheet accounts for accounting of material assets of the MC.

Decommissioning of workwear and special equipment from use.

To reflect in the program of operations for decommissioning of special clothing and special equipment, the document “Decommissioning of materials from service” is intended.

It can be entered on the basis of the document “Transfer of materials into operation” or separately.

In the case when a document is entered on the basis of commissioning, the tabular parts of the document will be automatically filled in with the data of the base document.

If the document is entered separately, then its lines can be filled in by selection or using the “Fill” button, this can be done using the remnants of low-value items in use or the remnants of expired workwear (special equipment) that has not been decommissioned.

To write off special equipment, the same actions can be performed on the “Special Equipment” tab. In this case, it is necessary to fill out the “Location” detail by selecting the department from which we are writing off the special equipment.

The “Write-off of expenses” tab is filled in when workwear is written off, the cost of which has not been repaid, and it must be repaid when written off.

By default, the method for writing off expenses specified during the transfer of operation in the purpose of use is set. But if necessary, you can change it by specifying a different cost account. To do this, you need to select the method of writing off expenses “To the debit of the account specified in the document.” In this case, details for selecting a debit account and its analytics will appear on the tab.

When posted, the document generates transactions for the credit of accounts MTs.02 (MC.03). In the case when special clothing (special equipment) is written off, but not completely written off as expenses, entries are generated to write off the remaining amount.

As you can see, in our case, the cost of special equipment for this month is written off to the account specified in the purpose of use. And the remaining cost is written off to the account specified in the write-off document on the “Write-off of expenses” tab.

A transaction is also generated for writing off special equipment from the off-balance sheet account MTs.03 “Special equipment in operation.”

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The rights of possession and use are... The right of possession and use of residential premises:

The right of possession is the right that the owner has over his property. It is documented and can only be terminated by a court decision. The concept is fully disclosed in the Civil Code of the Russian Federation.

Possession is always associated with other rights: use, disposal. After all, it is impossible to simply possess a thing without using it in one way or another. At the same time, there are legal ways to only use property, without the right to dispose of it.

To clear up the confusion of these legal statuses once and for all, let’s take a closer look at them.

Property and owner

To own something is to have a set of exclusive rights that determine control, restriction of access and responsibility for what the owner has.

A person who has such civil rights is automatically endowed with the ability to use and dispose of them. This allows you to perform actions with property of any nature, in accordance with the letter of the law, of course.

In this case, the owner can transfer ownership and use rights to other persons, while remaining the sole owner.

Having a sufficient set of rights, the owner is also responsible for the maintenance of his property, including paying taxes, if provided for by law. In general, risks associated with damage to things are also borne by the owner.

Subjects and objects of law

The rights of the owner may vary depending on his belonging to one or another category of persons: legal, physical, municipal or state institutions, religious associations. In total, the Civil Code of the Russian Federation combines the rights of ownership, use and disposal into the following forms of ownership:

• legal entities;
• private;
• religious and public organizations;
• municipal and state;
• joint.

The rights of each of the subjects of the relationship are regulated equally, no preference is given to anyone.

If everything is clear with the owners, then what kind of property can be found in Russia? This is property in the form of land, residential premises and houses, household items, money, shares and other intangible assets, media, entire enterprises and their premises. Almost any property, with the exception of certain categories mentioned in the legislation, can have ownership rights.

ownership

After purchasing the property, the owner is vested with exclusive ownership rights, which represents a whole range of additional powers. The main ones are: the right of possession, use and disposal.

It is the owner who has a complex of such civil powers, while other persons, by his decision, can be vested with only some of them.

It should also be remembered that the right of ownership applies only to that property that may belong to an individual (legal) person or state enterprise in accordance with the law.

Ownership and use rights allow you to actually own property and use it for your own purposes (including receiving income). However, without maintaining ownership rights, subsequent privileges are not available. The right of disposal provides the opportunity to make legal transactions with property: sell, exchange, donate, inherit, lease or pledge.

The right to own and use a land plot

Persons who have ownership rights to land can carry out any transactions with it that are not prohibited by law. Regulation of ownership, use and disposal of land is carried out on the basis of Art. 260–287 Civil Code of the Russian Federation.

The right of ownership passes to the owner after concluding a contract of sale, donation, exchange, or any other transaction that has legal force, as well as in accordance with a will.

It should be taken into account that the owner owns not only the land, but also everything that is located on it and belongs to it: soil, deposits of minerals or other valuables, water bodies, plants, and other property.

The right to own and use land generally allows a person to erect structures and buildings within its boundaries or create other types of real estate with the possibility of acquiring ownership rights to it. In addition, the owner has the right to permit construction to other persons. The main requirement is compliance with construction and urban planning rules and regulations and conditions for the intended purpose of the site.

The owner can transfer the rights of ownership and use of property, in this case land, to other persons in the manner prescribed by law. They have rights according to the contract, but cannot dispose of it.