How to register ownership of land? It is almost impossible for an ordinary person to independently sort out questions about land disputes. You will have to look for the necessary articles in the countless number of regulations, federal laws and other documents written in a difficult legal language. To process the entire array of information and isolate from it what will work in your specific case, you will need the help of a specialist – a lawyer working in the specified profile.
This article is an attempt to systematize all the available information and collect it into a detailed guide to action. Of course, do not forget that each case is unique, and therefore do not rush to immediately try on the advice for yourself.
What documents are needed to register ownership of a land plot (land)
In 2018, Federal Law No. 218 came into force, which states “On state registration of real estate” and made certain changes to the procedure. According to its main provisions, the owners of allotments are required to register in the State Cadastre..
If you postpone the registration, then you may not be able to confirm your ownership. In any case, it will definitely be more expensive and more difficult..
When there are no papers at all for the site, the main arguments are their own explanations, as well as the words of neighboring witnesses. If the one to whom the allotment was allocated dies, there is no one to ask. All that remains is to look for a lawyer who can untangle this story..
When the supporting documentation is in hand, it is easier to resolve the situation. But here a reasonable question arises – what papers to prepare?
The standard package includes:
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title deed.
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cadastral passport.
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identity document of the owner (copy and original).
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land acquisition papers.
Today, the Russian legal system offers three options for obtaining real estate: donation, purchase and sale, inheritance. Depending on which one you choose, additional documentation is prepared (for example, an act of privatization, donation, etc.).
The procedure and procedure for registering a land plot (land) in ownership: step-by-step instructions
During the reign of Soviet power, the entire territory was considered state. To avoid desolation, it was transferred to life-long inherited possession or perpetual use. An order, a resolution of a municipal authority or an extract from the business book are the main supporting documents. Those who have them are allowed to register in a simplified format – under a special amnesty. It applies to those plots that were allocated until October 2001 inclusive..
If there is the necessary documentation, even if it was registered many years ago, the state agrees that you are the real owner and allows you to go through the registration procedure in an expedited manner. However, it is far from always possible to resolve land disputes quickly. In some cases, people face a series of years of litigation..
Step 1: registration of land ownership
In a successful scenario, the algorithm for obtaining real estate is as follows:
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You come to Rosreestr (it is advisable to choose departments related to your area).
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Fill out an application that an employee issues on the spot.
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You transfer a package of documents (the list is presented above).
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Pay the state fee.
After completing the listed actions, it remains to wait until your request is processed and come for an extract on the specified day.
Step 2: registration through the MFC
Do not think that Rosreestr is the only way to resolve the issue. You can also contact the Multifunctional Center, but first you will have to supplement the existing documentation package with declarations for buildings that are on the land plot.
What to do next:
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Enter the state duty at the checkout.
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Fill out an application issued by an employee of the organization.
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Get a certificate receipt.
Wait until the confirmation certificate is ready and come for it on the appointed day.
How to formalize and legalize ownership of a land plot inherited: difficulties and nuances
According to the current legislation, the heirs are given six months to resolve all legal issues. The most important thing is to draw up an appropriate application on time and notarize it. As soon as the notary accepts the form, you are immediately given a list of papers that need to be prepared by the deadline..
In the cadastral chamber, it will be necessary to request a land extract, a passport of the object (be sure to check that the current market value is reflected in it), a certificate of the USRR form No. 3, as well as documents confirming the inheritance. As well as:
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At the passport office – a registration certificate and papers indicating the degree of relationship with the deceased.
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A notary has an officially certified will.
In addition, there are non-standard inheritance situations that require additional information. In particular, you may be asked to provide an extract from the tax, cooperative or dacha charter, etc..
When six months have passed from the date of collection and submission of documents (the period established by the state), the state registration procedure begins. It is carried out in Rosreestr, it involves the preliminary preparation of papers (which we described in detail above).
How to register and legalize a piece of land in ownership in non-standard cases
When you have all the supporting certificates and documents on hand, it is not difficult to register your right to own the allotment. However, this is not always the case..
The fact is that after the collapse of the Soviet Union, an active distribution of shares for common use began. But this practice was a novelty: before, all land was nationalized, so there was no strict registration procedure. Echoes of disorganization and ill-conceivedness are especially audible today, when many owners are faced with problems when registering according to the new accounting rules..
Below is a selection of instructions on how to deal with unusual situations. For example, when the necessary documentation is missing or the former owner of the land has died, and his relatives have to defend their right to inheritance.
If the site was purchased before 2001
In two thousand and one, amendments to the land legislation entered into force. If the purchase of the allotment took place earlier, and you did not have time to draw up the owner’s documents, then before contacting the Multifunctional Center, you will have to apply for the creation of a cadastral passport. This can be done at the branch of the relevant service – just fill out the application form, pay the state fee and employee services.
Important: the procedure is allowed to be carried out only in those areas where a land survey has already been drawn up.
The term for issuing a passport is ten working days. However, in some regions this time may be increased due to the workload of the registrars..
If the territory is not delimited
Land surveying – determination of the boundaries of the allotment by regulatory documents. It does not imply disputes with neighbors, it is necessary in order to register a land plot, register the owner’s right.
If the demarcation was not carried out earlier, the service should be ordered as soon as possible. This can be done in any organization specializing in land management work..
To draw up a boundary plan (MP), an employee of the company:
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collects and analyzes geodesy data, correlates them with a map of the area.
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composes markup with detailed description.
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marks communications and other objects on it.
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draws up an MP in accordance with the established rules and regulations.
Completion of the procedure is impossible without transferring to the Cadastral Chamber of the drawn up plan, a copy of the passport, as well as papers confirming the status of the owner. In practice, all this takes about six months..
If there are no documents
The most common problem faced by future owners. In this case, the algorithm of actions is as follows:
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You find evidence that the land was indeed accepted for perpetual use.
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Collect the papers necessary for the court. Those that are able to confirm the fact of the transfer are selected. As a rule, this is the longest stage in the case..
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Prepare a statement of claim.
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You win the court. Standard questions are considered within a couple of months from the date of contact, however, if difficulties arise, the period may increase.
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Register the status of the owner in Rosreestr. The judge recognizes your right, but a separate body deals with it. He also issues the extracts necessary for the USRN.
Important: without a certificate from the Unified State Register of Real Estate, you cannot be considered the official owner.
How to become the owner of a leased space
In accordance with the new Land legislation, citizens of the Russian Federation have the right to register ownership even for those plots that have been leased (both urgently and indefinitely). And if the territory was allocated back in the Soviet Union and was used for housing construction, all registration procedures can be carried out free of charge..
In what cases is it allowed to take advantage of:
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If you built a country house and became its owner. This also includes garages, baths and outbuildings..
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When the construction was commissioned.
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When enrolling as a member of a horticultural or horticultural cooperative.
Until the end of 2020, this procedure is implemented free of charge, so you should hurry.
The category of beneficiaries who have the right to receive an allotment for free include:
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veterans and participants of the Second World War.
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disabled persons.
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orphans.
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families with three children or more.
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internal affairs officers with fifteen years of experience.
Young professionals related to agriculture can also apply for benefits.
Algorithm of actions
Before proceeding with the registration procedure, it is important to write an application to the appropriate authority responsible for the territory. The form must be accompanied by a certificate obtained from the Cadastral Service. The decision by the municipal authority is made within fourteen working days.
Based on the internal nuances of the case, the administration can:
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transfer the allotment for use free of charge, as well as issue the appropriate written permission.
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propose a buyout option by sending the sales contract for consideration.
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reject the request on the basis of Article 28 of the Land Code.
Note that the owners of private houses located in municipal areas have certain advantages when registering.
How to be, there is a land ownerless
In this case, the legislation provides for two scenarios for the development of events. The first and most convenient is to find the owners or their heirs and offer to buy out the property. To speed up the search, you can contact your local office and ask for assistance. If the search work has not yielded any results, the resolution of the issue may take up to two years, or even more..
To register the ownership of derelict land, follow these guidelines:
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Send your petition to the nearest governing body. Attach copies of requests to the local government to the application – this way you will confirm that the searches have already been carried out earlier. Based on your request, the committee will put the land on the cadastral register. After that, the owners or heirs will have a year to challenge the decision. After the specified period, the case will automatically go to court.
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If in the course of the proceedings it is possible to prove that the site is empty, it will go to the municipality.
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Your task is to rent it on time. And then start preparing documents: a master plan in the BTI, geodetic markings, etc..
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Give the package of collected papers to the local office..
The application is considered from one to three months. If you decide in your favor, you can buy the allotment at the average market price. All that remains is to conduct a land survey and register with Rosreestr.
How much does registration cost
The procedure consists of two cost items. The first is state registration, which is estimated at 2,000 rubles for individuals and 22,000 for companies. The second is the MFC duty – from 100 to 350 rubles. In some cases, the services of law firms are required, they request up to 5000.
Where land is registered as property and the duty is paid
Four payment options are offered today:
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online through a special form of the Federal Tax Service.
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at the cash desk of any bank.
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via the terminal (for this you need a receipt with the details).
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at the post office.
Choose the one that is more convenient for you. The main thing is not to forget the check..
What is not transferred to private ownership
The legislation provides for a whole list of territories that cannot be owned by an individual. It includes such objects as parks and squares, cemeteries and storage facilities for hazardous elements, zones of the RF Armed Forces, exclusion areas, nature reserves, etc..
How to register a land plot with savings
If you want to save money, use the State Services portal. When paying online, he returns up to 30% of the amount of the contribution.
Let’s summarize
Let’s briefly summarize all of the above:
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If in Soviet times you or your relatives were given an allotment for perpetual use, it is imperative to register ownership of it. You can do this by contacting the MFC or Rosreestr.
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Legal registration is impossible without preparing a package of documents. You take it to the Multifunctional Center. There you will also be advised on the most suitable design method..
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If in your case it is not possible to settle all the issues out of court, then before the preliminary meeting you must have time to draw up a diagram of the site. The next step is to make a formal request to the local municipal administration for the grant of ownership.
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Landing plan is another important paper, without which registration of the owner is impossible..
Now you know how to obtain ownership of a land plot. We hope you will be able to resolve all legal issues as soon as possible and avoid senseless bureaucratic delays..
