Registration of land ownership without documents

After acquiring land, it is necessary to obtain title to the land plot in order to officially confirm the status of its owner. If this is not done, then any further actions with the site, such as its sale, inheritance, etc. will be impossible.

The registration procedure is not complicated once you understand it. Therefore, let's look at where to start registering land ownership.

Step-by-step instructions for registering ownership of a plot

Step 1. Land surveying (if it has not been carried out)

If the site has no set limits, e.g. If for some reason there is no land survey plan, then first you will need to carry out the land survey procedure. Land surveying will also be needed if the appearance of the land has been changed and now does not correspond to the plan.

You can check whether land surveying has been carried out in the extract from the Unified State Register of Real Estate. It will be indicated there that “The boundary of the land plot is not established in accordance with the requirements of land legislation” (in the column “special marks”). If land surveying has been carried out, the extract will contain a site plan.

To carry out land surveying, you will need a cadastral engineer (without a license to carry out geodetic and cartographic activities, land surveying cannot be carried out). You can contact any land surveying company, or, if it is not urgent, order surveying for free (but you will have to wait in line for up to several months).

Step 2. Payment of state duty

To register ownership of a land plot, you need to pay a fee.

It is mandatory to pay the state fee. Its size depends on the status of the applicant (individual or legal entity) and on the category of land:

• 350 rub. for registration of ownership of a land plot of individual housing construction, country house, garden, vegetable garden, agricultural land;
• 2 thousand rubles. for a site for other purposes.

You can pay the state duty at the post office, bank, MFC or on the Federal Tax Service website.

Step 3. Cadastral registration

After land surveying, the plot must be registered in the cadastral register. To do this, you need to contact the cadastral chamber (you can also submit documents through State Services or the MFC).

What documents will be needed:

• Passport;
• Power of attorney (if his representative applies instead of the applicant);
• Boundary plan of the site;
• Title document for the land plot;
• Application for state cadastral registration and state registration of rights to land plots.

You will also need to pay a state fee (in many regions it is possible to pay the state fee directly at the MFC). If this is not done within 5 days, the registration authority will return the application and attached documents without consideration.

The receipt after submitting the documents will indicate the approximate date of receipt of the decision. Review can last up to 10 days (through the MFC up to 12 days).

Step 4. Collecting documents

Land surveying and its cadastral registration are rather preparatory stages before registering property rights, which are necessary if land surveying and a cadastral passport are missing.

Let's consider what documents are needed to register ownership of a land plot:

• Application for obtaining ownership rights (in Rosreestr);
• Cadastral passport of the object;
• Original and copy of the owner's passport;
• Receipt of paid state duty;
• A document that can confirm ownership of land.

What documents can confirm ownership of a plot:

• Contract of sale;
• Certificate of inheritance;
• Privatization Act;
• Deed of gift;
• etc.

The exact list of documents for registering the right to a plot depends on the type of transaction.

Step 5. Property registration

Registration of ownership of a land plot can be done through Rosreestr or MFC. Submit the collected documents with paid state duty to the selected authority. The specialist who accepted the documents will give you a receipt indicating the approximate date when you can receive an extract from the Unified State Register.

Step 6. Obtaining an extract from the Unified State Register of Real Estate

This document will indicate that you have the status of owner of the site. Congratulations, you are now the owner of the site!

Process Features

When it comes to re-registration of a plot acquired before 2001, there is a need to prepare a cadastral passport for the property and carry out land surveying (if it has not been carried out previously). As a result, collecting documents and subsequent processing may take several months.

A later acquisition of a plot will allow you to quickly complete the paperwork process at the Cadastral Chamber. It takes about 10 days to submit the application, pay for the service and prepare the document.

When planning the alienation of land in favor of a new owner, it is necessary to take into account the duration of collecting documentation and prepare for the transaction in advance.

How to register a leased plot as property

According to Federal Law No. 178 “On State Social Assistance,” a citizen has the right to register a leased land plot as his own, i.e. privatize land that was originally leased (indefinitely or urgently).

You can register a plot for free if:

• You have built a country house, bathhouse, garage or outbuilding and become the owner of the property;
• You have built and become the owner of a private house;
• You are a member of a gardening cooperative.

You can get a plot of land for free if you are related to the following categories of citizens:

• Disabled people;
• BOB Veterans;
• Orphans;
• Large families;
• Military personnel who served more than 10 years;
• Police officers with more than 15 years of experience;
• Young agricultural workers;
• and other categories of beneficiaries.

You can also get land for free if the ownership of the house was registered before 10/30/2001.

To register ownership of a plot of land under lease, you must submit an application with an extract from the cadastral plan to the local municipal authority in charge of the land. Depending on the circumstances, the administration may make the following decisions:

• Transfer ownership of land free of charge, while issuing a permit in the prescribed form;
• Offer to buy the land and submit a purchase and sale agreement for consideration, and after the purchase, register the site;
• Reject the application if you do not have the rights of the owner (in accordance with Article 28 of the Land Code), or the site was not used for its intended purpose.

In general, the further procedure for registering a leased plot as a property does not differ from the usual one. The required documents will only be supplemented with a municipal permit (or a purchase and sale agreement).

Obtaining a land survey plan

When there is no information about land surveying, the landowner has to organize the process independently. Land management work is carried out by specialized offices on a paid basis, which entails an increase in the final costs of re-registration of the land plot.

In the process of land surveying, the boundaries of the site are established and they are secured by regulations. Sometimes the result of an inspection is the identification of extra square meters. In order to properly register surplus land, you must contact the authorized body with a corresponding application. If the request does not exceed the established standards for how much land can be registered, the administrative body will issue an appropriate resolution, which will allow the plot to be increased legally.

The presence of agreed-upon fixed boundaries of the plot eliminates disputes and encroachments on the territory by neighbors who own adjacent plots. In the absence of agreement, the boundaries are determined in court, which increases the duration of the general re-registration procedure.

The range of land development works includes:

• collection of geodetic and cartographic documentation and its analysis;
• preparation of a storage plan with special marks and designations;
• drawing up a land surveying plan.

After receiving the boundary plan, you must contact the Cadastral Service with a request to register the property.

Registration of a plot of land as shared ownership

Let's consider step by step how to register a share of a land plot as property.

Step 1. Repeated surveying

In order to register part of the land plot as property, you first need to re-conduct land surveying to divide the plot into parts. All plots obtained as a result of land surveying must have an entrance, and plots of individual housing construction and industrial buildings must have the necessary engineering communications.

Step 2. Agreement on division of the plot

Next, it is necessary to draw up an agreement on the division of the land plot, which must be signed by all owners of the new plots. The agreement must indicate:

• Cadastral number and information about all owners;
• The size of the shares and the area of ​​the new plots, their correspondence to the shares in the original plot;
• Distribution of expenses for shared ownership.

If one of the owners refuses to divide the plot, the dispute can be resolved in court.

Step 3. Application for obtaining addresses

You need to submit an application for obtaining addresses for allocated land plots (contact the land management office of the local administration). The application shall indicate the name of the plots, their number and the grounds for assignment. You can also contact Rosreestr, MFC, and the public services portal. The decision on assigning a new address or refusal will be ready within 18 days.

Step 4. Collection of documents and registration

Registration of a share of a land plot in ownership includes all the same standard steps, only an agreement between the shareholders is added to the necessary documents.

During the procedure for dividing a land plot in Rosreestr, the following operations will be performed simultaneously:

• Inclusion of the site in the state real estate cadastre (GKN);
• Registration of property rights;
• Removal of the old site from the state conservatory;
• Termination of property rights.

Failure cases and solution

A person’s application to register ownership of a plot of land may be rejected for a number of reasons:

1. 
   Large administrative, industrial and military facilities are located close to the land plot.

2. The lands are part of the territory of natural parks, are located or are a protected area.
3. The allotment is planned for the implementation of the state program.
4. The object is owned by an individual or organization.

The registration process takes one week . After the registration procedure, the applicant receives an extract on registration of the transfer of ownership rights.

Attention! In case of refusal, the user of the land plot has the right to challenge such a decision by filing a claim in court. If the justice authority makes a positive verdict, the person will be able to register ownership rights to the property in Rosreestr.

Simplified registration of land ownership

To register a dacha or garden plot, there is a simplified procedure for registering property rights, which is also called the “dacha amnesty”.

It lies in the fact that every citizen can privatize a dacha plot, as well as register capital construction projects as residential premises, which makes it possible to register on a dacha plot. This way you can write:

• Land plots for gardening, vegetable gardening, subsidiary and dacha farming, construction of a garage or residential building (then, according to the simplified registration procedure, only those houses whose construction began before March 1, 2019 are subject to registration).
• The buildings themselves on these sites are country houses, bathhouses and more.

The simplified procedure was in effect until the end of 2021, but it was recently extended until March 1, 2026.

If you occupy an abandoned site, is this considered occupation?

In this matter, the state is on the side of the owner and does not allow other citizens to occupy abandoned areas if the real owners are absent for a long time.

It is generally accepted that even if a plot of land is abandoned, it still has an owner or, at the very least, heirs. In accordance with the law, if a person has at least partially accepted the inheritance, then everything else belongs to him.

This must be understood as follows: if one of the things of the deceased passed to a person (heir), then he is considered to have accepted the inheritance. And no matter what condition (well-groomed, abandoned) the land plot that belonged to the deceased was, it will be inherited by this person.

In the absence of heirs, the land property becomes escheated and is taken by the state, which has the right to sell it at auction or auction.

Registration of land ownership by inheritance

What is needed to register a land plot by inheritance:

Step 1. Contact a notary to open an inheritance case

Step 2. Obtain a certificate of inheritance

For this you will need documents:

• Passport of the deceased owner;
• Death certificate;
• Last place of registration;
• Documents confirming relationship with the testator;
• Will (if any);
• Receipt for payment of state duty (0.3-0.6% of the price of the plot).

Step 3. Contact Rosreestr to register the inherited plot

Documents required in Rosreestr:

• Technical passport of the site;
• Certificate from the BTI confirming that there is no construction on the site;
• Certificate of the last place of registration of the deceased owner;
• Conclusion on the inventory value of the object;
• Extract from the Unified State Register addressed to the testator;

What you should pay attention to:

• There are 6 months to register the right to a plot by inheritance. If for some reason you did not manage to register the plot, you will have to go to court and prove that you had reasons for this.
• If there are several heirs, it will be necessary to demarcate the plot in order to divide it. If this is not possible, then one of the heirs will have to pay compensation to the others in the form of cash or renounce shares in another inheritance in their favor.
• If the land was in lifelong ownership, then it cannot entirely belong to the heirs; such a plot belongs to the state.
• If the land is an object of perpetual use, it cannot be inherited (you can only buy it from the state).
• If the ownership of the plot was not registered during the life of the testator, then the property on it can only be privatized in court.

What does the concept of “squatting of land” mean?

If one citizen (or group of citizens) arbitrarily occupies an area of ​​land, then this is considered squatting.

Self-capture is expressed in the following actions:

1. illegal construction on the site;
2. the presence on the site of things belonging to the invaders;
3. seizure of land from neighboring plots by expanding the boundaries of one’s own plot.

Such “owners” do not have documents for this land plot from local authorities, which are issued in the event of transfer of land into ownership. This is a gross violation of the law, which is punishable by a fine of 500 rubles. up to 1000 rub.

Even if the land is not the property of another citizen or company, it belongs to the state and the state is its owner.

It is impossible to legitimize buildings erected on such land, and, therefore, to sell, exchange, donate or make any other legal transaction.

The cost of registration of land ownership

If we think about how much it costs to register a plot of land as a property, we can highlight the following cost components:

• Payment of state duty (350 or 2 thousand rubles depending on the category of land);
• Carrying out topographic survey (if necessary) - 8-15 thousand rubles;
• Carrying out land surveying (if necessary) - 5-10 thousand rubles. (price depends on region).

As a result, the cost of registering a site may vary depending on the region and the necessary procedures. You may also need the help of lawyers to facilitate the registration process.