Recognition of property rights as absent as an exclusive way of protecting property rights: features of presentation and justification of this claim

The loss of any title documents for real estate is a serious problem for the owner, since he is deprived of the opportunity to dispose of his property at his own discretion.

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Therefore, if you suddenly discover that necessary papers are lost or damaged (in case of theft, fire, after the death of a relative or for other reasons), you should restore them as soon as possible.

How to restore destroyed or stolen documents?

The first thing you need to do is contact:

• with a statement to the police that documents have been destroyed or stolen;
• to the authority that issued the required document with a request to issue a duplicate;
• to the court with a request to impose a ban on any transactions with real estate, the documents for which were stolen or destroyed.

Once the competent authorities are notified of the loss of documents, it is necessary to begin their restoration.

Two types of documents can confirm the fact of ownership of an apartment or house:

1. Documents establishing the right to property (purchase/sale agreement, gift, exchange, certificate of inheritance, court decision, etc.).
2. Documents confirming property rights (certificate of ownership of housing or an extract from the Unified State Register).

Depending on which of these types of documents was lost, the procedure for restoring them will be slightly different.

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Land management examination

Judicial land management examination is the analysis and study of documents and other land management materials, followed by comparison with the actual conditions of ownership. For land management expertise, it is important to resolve the following issues:

• determination and depiction on the plan of the boundaries of the land plot;
• procedure for using the allotment;
• determination of the area of ​​the site;
• compliance of the boundaries specified in the documentation with the actual boundaries of the territory;
• determination of the cadastral and market value of the site;
• studying documentation on land surveying with confirmation of compliance with established requirements;
• proposal of options for dividing the land plot in accordance with the title documentation.

A land survey may be required under the following circumstances:

• division of the building and adjacent territory;
• approval of the order of land use;
• removal of boundaries, as well as determination of the actual boundaries and size of the plot.

The procedure for state examination of land management documentation is approved by regulatory acts of the Russian Federation. This procedure can only be carried out by certified cadastral engineers or companies with the appropriate license. In some cases, independent specialists may be involved in the examination.

Restoration of the certificate of title to housing

This is one of the main documents giving the right to own and dispose of real estate. The Department of the Federal Registration Service was responsible for issuing the state registration certificate.

On July 15, 2021, a new law came into force, according to which the issuance of certificates of ownership will cease.

The same applies to re-issuance of a duplicate. Registration of the emergence and transfer of rights to housing can now only be confirmed by an extract from the Unified State Register of Rights (USRP).

This extract indicates the fact that the state registry authorities have a record of registration of ownership rights, and also indicates the period of ownership of the property at the time the certificate is issued.

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It is advisable to request this document during preparation for the procedure of buying or selling an apartment/house. Since the data is relevant only at the time the certificate is issued (within 30 days, but the more recent the certificate, the better).

The owner can obtain an extract of his rights by sending a request to Rosreestr.

This can be done in two ways: contact the MFC (multifunctional center) or send a request electronically on the Unified State Register website. Let's consider both options.

Certificate of registration of ownership.

Personal appeal to the registration authorities

1. Contact the MFC or the territorial office of Rosreestr, presenting your passport and indicating the address of the property.
2. Sign the application prepared by the service employee.
3. Present a receipt for payment of the state fee (you can receive the form and pay at the cash desk in the same establishment).
4. Receive a receipt that lists all the documents accepted from the applicant and indicates the deadline for issuing the completed extract.
5. Pick up the finished document on the day specified in the receipt. Show your passport and receipt.

You can receive a completed statement within 5 days. The cost of the service is from 200 rubles.

How to correctly draw up a rental agreement? Rules and details follow the link.

Receive statement online

1. Go to the Unified State Register website and fill out a request form.
2. The form must indicate:

• real estate data (cadastral number and/or address);
• information about the applicant;
• attach documents (if available in electronic form).

1. Record the request number generated by the system.
2. On the request verification page, enter the received number and click “check”.
3. In the window that opens:

• click “enter payment code”;
• enter the code sent to your email;
• Click “proceed to payment”.

1. Select a payment method and pay for the service.
2. The finished document can be obtained using the method previously selected in the form.

The extract will be ready within 5 working days. The cost of the service is from 150 rubles.

Land lawyer

Land legal relations are regulated by the following legal acts:

• Land Code of the Russian Federation;
• Civil Code of the Russian Federation;
• Town Planning Code of the Russian Federation;
• Federal Law “On the State Real Estate Cadastre”;
• Federal Law “On the turnover of agricultural land”;
• regulatory acts of the constituent entities of the Russian Federation;
• other legal acts.

A lawyer on land issues, as part of a consultation, helps to understand the legal issues related to the emergence or termination of rights to a plot. Specialists provide services for legal analysis of the situation and assessment of the prospects for litigation. After consulting a land lawyer, a clear understanding of the problem and ways to solve it appears.

If a land dispute arises, you need to be prepared for the fact that it will take a lot of time and involve significant financial expenses. Often a land survey and other mandatory procedures are required. Without the support of an experienced lawyer, you can make a lot of mistakes and significantly complicate the process.

The services of a lawyer on land issues in Moscow and Moscow Region include:

• detailed advice on legal issues;
• support of the process of recognition of property rights;
• establishing land boundaries;
• challenging and changing the cadastral value of a land plot;
• recognition of the transaction as illegal and cancellation of its consequences;
• changing the category of land and type of permitted use;
• establishment and termination of easements;
• recognition of the decision of state or municipal authorities as invalid;
• resolving controversial issues related to the lease of land;
• filing a claim;
• preparation for going to court;
• support of enforcement proceedings.

Consulting a land lawyer is the first and only correct step towards resolving a controversial legal issue related to real estate in your favor. As part of the consultation, the specialist:

• identifies the problem;
• compiles a list of tasks that require solutions within the framework of the issue;
• conducts a legal assessment of the current situation;
• gives recommendations for further actions.

After communicating with a land lawyer, you will have a clear understanding of the real problem and ways to solve it.

How to restore title documents for housing?

Recovering these documents is somewhat more difficult, but still possible. Where to contact if you need to reinstate the purchase and sale agreement:

1. If the agreement was concluded in writing, you can apply for a duplicate of it to the body that was involved in the registration and registration of the acquired property. After paying the fee, you can receive a duplicate of the required copies of documents.
2. If the agreement was registered through a notary, then by contacting him and paying for the services, you can also obtain a duplicate of the necessary document.
3. You can also contact the seller for help and get a copy of the contract from him.
4. If the transaction was carried out before 1998, it will be impossible to obtain duplicate documents. In this case, you should immediately go to the BTI and ask for a document confirming ownership of the apartment.
5. To obtain documents confirming the fact of purchase and sale and taxpayer status for your real estate, you can also contact the tax office. Data on tax payments by the seller of the property and the new owner should be stored here.

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To restore the gift agreement, certificate of inheritance or other documents, you can contact:

1. To the notary who registered the documents.
2. To the territorial registration authority.
3. In BTI.
4. To the housing policy department of the district administration.

Transfer deed.

What to do if you lose documents for a house or apartment?

If for some reason the owner of the property has lost documents that may confirm his ownership, it is better not to delay their restoration.

In a situation where documents are lost, the procedure for obtaining a duplicate will be the same as described above:

1. Report the loss to the police (perhaps the owner of the house or apartment will be lucky and the papers will be found quite quickly, which will eliminate the need to knock around various authorities trying to get duplicates).
2. Contact the registration authorities and ask to restore copies of the lost documents. Papers establishing ownership require special attention. If one of these documents was lost, then you need to start the recovery procedure from it. Obtaining duplicates of title documents occurs as described above.

What documents are needed to obtain temporary registration? The full list can be viewed at the link.

Technical passport for the apartment.

How to restore documents after the death of the owner?

Sometimes it is necessary to restore documents that belonged to a deceased relative in order to formalize an inheritance.

In this case, you can contact a notary and request documents confirming the right of inheritance (you must contact the public notary who prepared these papers).

Having the inheritance papers in hand, you can already contact the Registration Chamber for the issuance of the necessary copies of title documents.

Documents that may be needed during the process:

• death certificate;
• documents confirming relationship.

You can register for inheritance within 6 months from the date of death of the testator. Otherwise, the procedure can only be completed through court.

Find rules for renting an apartment and tips on drawing up a contract in this publication.

To avoid unnecessary hassle in restoring lost documents, it is better to make sure in advance that you always have copies on hand. It is better to store them separately from the originals.

You will learn how to restore documents for an apartment in this video:

Refusal to provide land

The grounds for refusal to provide a plot of land to citizens, including large families, are listed in Art. 39.16 Land Code of the Russian Federation. These grounds include:

• application from a person who does not have the right to purchase a plot;
• the requested property has already been provided to another person previously;
• the plot was formed as a result of the division of land provided by SNT or ONT;
• the site is provided for development with subsequent development;
• there is an unfinished construction site on the territory;
• a property owned by the state or municipality is located on the territory;
• other reasons provided for by regulations of the Russian Federation.

An unlawful refusal to provide a land plot for lease or use can be appealed in court. If the court rules in favor of the plaintiff, the local administration will be forced to provide the requested plot.

A professional lawyer in land disputes in Moscow and the Moscow region can achieve a positive decision. A specialist will study the case materials and help achieve a fair result.