How to register ownership of a plot of land: by inheritance, after rent

You can inherit any property that belonged to a deceased person and has not been withdrawn from circulation. One of these types of property is a plot of land - an area that is used for construction, gardening, gardening, travel, passage and earning money. If the deceased owned such an allotment, the heirs will be able to inherit it. At the same time, inheritable ownership may be transferred to successors for life.

The question arises: how to inherit a plot of land after the death of a relative? In what cases will you have to prove your rights in court? Let's look at the step-by-step instructions and dwell on the nuances of design.

Plot by inheritance

A plot, like any other real estate, can be obtained both by will and by law. There may be three options:

the plot was the property of the deceased;
the testator received a plot with the right of perpetual possession;
long-term ownership was issued on the basis of a lease agreement with the district administration.

Do the rights of heirs who acquired the land on these grounds differ?

Yes, definitely. The difference is that in the first case, the new owner gets full ownership of the land (to use it in his own interests, sell it as a gift, pledge it, etc.). In the case of a long-term lease, the heirs are content with the right to use the land for the remaining period.

Note that in most cases the lease is issued for a period of 49 years.

For example , in 1999, citizen I.I. Petrov entered into a lease agreement for a period of 49 years and registered it with the Office of the Federal Service for State Registration of the Subject (such registration is mandatory, otherwise the right of ownership simply will not arise). In 2009, Petrov I.I. died, the only heir by law is Petrov’s daughter A.I., who accepted the inheritance. According to current legislation, Petrova A.I. acquires the right to lease a plot for a period of 39 years (i.e. until 2048). In this case, those buildings located on the rented land will become the property of the daughter.

IMPORTANT: lands that were leased or in perpetual use by the deceased are included in the inheritance mass, but the procedure for registering such plots as property is completely different.

How is the land divided?

According to paragraph 1 of Art. 1182 of the Civil Code, land transferred by inheritance is divided among the heirs, taking into account the established minimum size . If there is not enough land to provide each heir with the minimum amount, then the plot is received by the one who has priority to receive this plot. For example, someone who used the land before the death of the testator. The remaining land claimants receive compensation.

The minimum plot size depends on the purpose of using this land.

It happens that none of the heirs has a priority right to the land. Or this person simply decided not to exercise this right. In this case, the land becomes the common shared property of the heirs.

What documents will the notary need?

When the testator owned a plot of land by right of ownership, the first thing to do was to contact a notary to open an inheritance case and accept the inheritance.

In addition to the list of documents established by law (passport, proof of relationship, death certificate), within six months the notary must submit:

Documents that provide the basis for the deceased’s ownership of land: sales and purchase agreements, leases, donations, etc. You can take an extract from the Unified State Register (the fastest way to do this is here), that is, information about the testator’s ownership of the plot and the real estate on it;
certificate of registration of ownership, if available. Previously, before 1995, many lands were acquired through privatization as a result of the collapse of Soviet-era collective and state farms. To register such plots by inheritance, a certificate of ownership was not provided, so it is enough to provide an extract from the resolution of the body whose head gave the order for privatization;
certificate of valuation of the land plot made on the day of death of the relative. The assessment can be market (issued in any expert bureau that has the appropriate license) or cadastral (confirmed by an extract from the Rosreestr department);
cadastral passport for the land plot, which will indicate its plan on the day of opening of the inheritance (if there are several heirs, then in addition to the copy for the notary, you need to take copies according to their number);
confirmation of compliance with the territorial principle of opening an inheritance, that is, information about the residence of the deceased (or the location of the majority of the inherited property) in the locality where the notary is located;
a certificate of absence of debts on taxes and duties (this can be obtained from the tax office at the place of residence of the deceased);
receipt of payment of the state duty for issuing a certificate of inheritance (read more here)

If we are talking about a dacha plot, the notary may ask for additional information from the Unified State Register of Legal Entities (about a horticultural, dacha society). After the notary reviews your documents, you will receive a certificate of acceptance of the inheritance, which must be submitted to the registration authorities.

Methods of adoption and their differences

There are two ways to accept land as an inheritance: formally and informally . Both ways are described in detail in Article 1153 of the Civil Code of the Russian Federation.

The formal method is when the heir submits an application at the place where the inheritance was opened, in which he indicated that he is ready to accept the inheritance.
Such an application can be submitted in person, transmitted through a representative or sent by mail. Important! If the application is submitted through a representative, then his power of attorney must include the authority to accept the inheritance.
Informal way implies acceptance of a land plot as an inheritance without filing an application. That is, you can take certain actions in relation to the site, which will mean a desire to accept the inheritance. In accordance with paragraph 2 of Art. 1153 of the Civil Code of the Russian Federation, the actual acceptance of an inheritance to a plot will be recognized if the heir:
Took any action to preserve the site and protect it from third parties.
Paid the costs of maintaining the land.
Paid the debts of the deceased or received money from third parties due to the testator.

Registration of a plot owned by the deceased

This is the easiest way to transfer land to an heir. You spend a minimal amount of money and time. To register you will need:

application for state registration of property rights (if desired, such an application can be filled out by a specialist from Rosreestr, MFC);
certificate of acceptance of inheritance, the mass of which includes the plot that needs to be registered (original + copy);
a receipt for payment of the state duty (2000 rubles), details can be clarified at the Federal Registration Service (original and copy). The state duty is paid on behalf of the heir. Recently, payment has become possible only by informing the bank operator, in addition to your full name, registration address, and your TIN. Many departments of Rosreestr have terminals through which you can pay state duty on the spot;
general passport (to be presented for identification);
death certificate (copy);
certificate of ownership of the plot, which was issued in the name of the deceased (copy).

All documents must be submitted to the territorial Office to register your right to the plot at the location of the land. You can deviate from this principle of territoriality (perform so-called extraterritorial circulation), but within the territory of one subject of the Federation (for example, the testator’s land plot is located in Norilsk (Krasnoyarsk Territory), and the heir lives in Krasnoyarsk. In order not to go to Norilsk branch of Rosreestr thousands of kilometers from your place of residence, documents can be submitted to the Krasnoyarsk department of Rosreestr).

Although technically you can submit documents from anywhere in the country to any department of Rosreestr. As you guessed, we are talking about electronic document management through the government services website. To do this, you need to have your own personal account and digital printing on the website.

At the moment, the provision of documents “live” prevails over the Internet appeal. By the way, you can submit an application with documents, in addition to the departments of Rosreestr, and at the MFC.

You can apply for registration the next day after receiving a certificate of inheritance, even if 6 months have not passed since the opening of the inheritance (death of the testator). There is no deadline after which it will be too late to re-register the property.

The state registration of land ownership usually takes 7-15 days, sometimes (if any of the documents were not provided on time) the assignment of the owner's title can take up to one month. The completion of registration and confirmation of its positive result is an extract from the state register (certificates of ownership are no longer issued, this document has become history).

We draw your attention to the features that may arise when registering rights to land, directly or indirectly affecting your rights as an owner:

Common shared ownership

To register a land plot that was inherited by several successors, a simultaneous application by all heirs is not required. Everyone can apply separately.

If all shareholders apply at the same time, then each must have a separate package of documents for registration, including each person’s own application and state duty. The amount of the state duty for each is 2,000 rubles, regardless of whether one heir-shareholder will apply or all at once.

An agreement on the division of inherited property must be attached to the standard list of documents if the heirs, after receiving the certificate of inheritance, decided to change the size of the shares due to them (redistribute the shares).

Pledge, lease, easement

Not in all cases, the death of the owner of the plot entails the termination of certain relationships. Often restrictions and prohibitions remain in force and are passed on to the heirs. Therefore, when registering property, the heir accepts at his own expense all obligations regarding pledges, easements, leases, rent, etc., that is, all these encumbrances remain in force in the form and extent that they were during the life of the deceased.

Arrests, bans and other restrictions

It is known that bailiffs can arrest and otherwise prohibit Rosreestr from registering the alienation and other transfer of owner rights to other persons. But these rules do not apply to hereditary transition. Thus, if there are existing prohibitions on a land plot, registering it as the property of an heir will not be a problem. But, however, these prohibitions will apply to the heir, that is, to his rights to subsequent disposal of property.

The new owner will be able to free the land from arrests and other prohibitions in court

Registration in the name of a minor

If the heir is a child, then the submission of documents is made by his legal representative (guardian, trustee, parent).

When a child is under 14 years old, all contacts with Rosreestr are carried out by a legal representative, including submitting an application on behalf of the child with his signature, paying a fee, etc. In addition to the standard package of documents, the child’s birth certificate is submitted to the registration department (for guardians, trustees – decision of the guardianship authority to establish guardianship).

When a teenager is between 14 and 18 years old. Then he performs all the actions himself, and the legal representative provides written consent to perform registration actions.

Registered buildings

If there is a residential building on the site, documents for registration are submitted simultaneously to both the site and the buildings.

Illegal capital buildings

As a rule, such buildings include unfinished construction projects with a building permit in place. In this case, after registering the right to land, you should contact the authority issuing a construction permit with a notification of a change in ownership and provide a copy of an extract from the state register, a certificate of inheritance and a construction permit. The authority makes a decision on the appropriate changes and notifies the heir, who can continue construction under the previous permit.

Often, ground-based structures are completely ready (completed construction), but there is no permitting documentation (there is no construction permit, no documents on registration of rights, etc.), in other words, unauthorized structures. After the transfer of ownership of the land, it is necessary to recognize the ownership of the buildings in court.

Very often, heirs waste their energy in preparing documents that are not required during registration:

Payment documents confirming the repayment of the debts of the deceased, including land taxes;
consent of their spouses;
Marriage certificate;
And so on.

State duty amount

Although the inheritance is not taxed, when registering it you must pay a state fee . The amount of the state duty is determined by Art. 333.24 Tax Code of the Russian Federation. The amount of the fee is the same both for inheritance by law and by will.

For close relatives

In the Russian Federation, the duty for children, wife or husband, brothers and sisters of the testator is 03 percent of the value of the inheritance. Moreover, the state duty cannot be more than 100 thousand rubles. (Clause 22 of Article 333.24 of the Tax Code)

For others

Other applicants for the property of the deceased will have to pay a fee of 0.6 percent of the value of the property. But no more than 1,000,000 rubles.

Who is exempt from paying?

Article 333.38 of the Tax Code of the Russian Federation lists categories of citizens who may not pay a fee for registering an inheritance. The state duty may not be paid if :

you inherit the property in which you lived together with the testator and continue to live there;
the testator died in the performance of official duties, civic duty or from political repression;
when inheriting copyrights and royalties, pensions, bank deposits.

State bodies, local government bodies and public organizations of people with disabilities are also exempt from paying the fee.

Registration of an inherited plot that was not registered as the property of the deceased

Documents on inherited lands are not always put in order during the life of the testator. And after death, unfinished business becomes a serious problem for successors. The legality of the rights of the previous owner is called into question, as are the chances of new applicants (heirs) to receive the land at their disposal.

In practice, there are two typical situations:

the property is registered according to the old model (that is, it must be brought into compliance with current legal requirements);
the right has not been formalized at all or the property documents have been irretrievably lost.

In the first case, everything is not so complicated. The heirs should carry out land surveying and register the land plot in the cadastral register. Old property documents and information about the cadastral value are sufficient for a notary to issue a certificate of inheritance (by the way, cadastral registration can be skipped, but the property can be registered in the cadastre along with the registration of ownership in Rosreestr. The main thing for a notary is to order an assessment of the market value of the land , so that he can determine the amount of state duty when entering into an inheritance).

And then documents are simultaneously submitted to Rosreestr to bring the property into compliance with modern standards, for cadastral registration (if it has not been carried out previously) and for the transfer of rights to the heir.

In the second case, more work will have to be spent. Most likely, the right to real estate will need to be defended in court, that is, to file a claim for recognition of ownership and inclusion of the site in the inheritance estate. Most often, in court practice, situations arise when heirs try to prove their right to summer cottages that their spouses and parents owned, but did not register as property during their lifetime. Strong evidence for a court decision to accept an inheritance includes the following information:

confirmation from the dacha organization that there is an allotment to a specific person;
payment of fees, contributions to the garden community for the maintenance and maintenance of the site;
cadastral passport.

If there is a right to inheritance confirmed by the court, further actions to register ownership of the allotment are similar to when the testator registered the right of ownership, and the Federal Registration Service will need the same documents.

At the same time, when the deceased did not have a certificate of ownership, cadastral plan (or passport), he will have to spend time and money on:

land surveying, that is, ordering geodetic work to determine the boundaries of the plot. If the size of the plot turns out to be larger, you can legitimize part of it with the consent of the head of the municipal body. Based on the results of the survey, you will receive a plan that is necessary for further registration;
Registration of a land plot for cadastral registration, obtaining a cadastral passport.

After receiving these documents, you can apply to register your owner's title.

Who to contact for property registration and where it can be registered

How can a person’s life be made easier and the necessary right to property be issued? It’s not all that scary if you turned to a large agency, such as Istrariel, or any other, but which you can trust with the preparation of documents and the reputation of such an agency should be at least excellent, so as not to redo the registration of rights several times, due to the obsolescence of certificates and statements that have a limited period. It is necessary to pay attention to reviews of clients (such organizations or agencies) who have already carried out similar registrations of rights. Employees of such agencies should be old and proven in the market, and only then can we confidently achieve an expedited solution to problems that can and do arise during the registration of real estate rights. In Istrariel, true professionals, masters of their craft, work and work, but the choice must be made by you.

Registration of property in Istra

Registration of leased or in use land

If you own a plot of land on a lease or use basis, in order to become the full owner of such land, you need to contact the Ministry (Committee) of Property Relations or the district administration to purchase such plots. It is especially important not to delay resolving this issue if we are talking about registering ownership of the land plot under the house.

The law provides for the opportunity to purchase leased plots in three options:

without tendering;
on the auction;
in accordance with the terms of the lease agreement, which provides for the option to buy.

Redemption without bidding

This is possible if:

there are buildings, structures and premises on the site owned by the tenant;
the site has agricultural purposes and has been in operation for more than 3 years and the contract has not yet expired.

The procedure is not extremely difficult if you have the following documents:

application for the provision of land ownership;
master plan received upon application to the BTI;
geodetic plan (its preparation must be ordered from a geodetic company);
cadastral plan (if available, otherwise, you need to obtain it from the Cadastral Chamber, the cost of the service is 200 rubles);
a document confirming the right of ownership of the plot (agreement on the provision of unlimited use, lease agreement, etc.).

After you submit the documents on the land leased or used to the Ministry of Property Relations, we await a decision (the review period is up to three months). In order to take ownership of a plot leased from the administration, you will need to buy it back at a cost no higher than the cadastral value. If the issue is being considered regarding land that was provided for indefinite use and more than 5 years have passed since that moment, no redemption is made, the plot is transferred free of charge. To register ownership rights, you need to contact the Federal Registration Service and pay a fee of 2,000 rubles.

Redemption at auction

The repurchase is carried out according to a special procedure, the so-called public auction procedure. To initiate and implement it, it is necessary to perform a set of actions provided for by the Land Code. The redemption price is determined by the result of the auction or the initial auction value, if there is only one participant at the auction.

When the lease agreement provides for the option to buy

In this case, the land becomes the property of the tenant after the expiration of the contract or ahead of schedule, subject to payment of the entire redemption amount. A lease-purchase agreement can be concluded for all contracts, with the exception of agricultural land.

Plots located within lands of state significance cannot be registered as private property: environmental zones, forest reserves, nature reserves managed by security services, etc.

Rights

The Civil Code determines the range of rights that claimants to inheritance have. The main ones are the right to an obligatory share and the right to refuse one’s part of the inheritance.

For the obligatory share

Article 1149 of the Civil Code of the Russian Federation defines the right to an obligatory share in the inheritance . In accordance with this, the children of the deceased who have not reached the age of eighteen, as well as the spouse, parents and dependents in the event of their own incapacity, receive a mandatory part of the inheritance. The obligatory part can be calculated as follows: determine the share that the applicants would receive in the event of inheritance by law. Half of this share will be a mandatory part.

But there are exceptions here too. In accordance with paragraph 4 of Art. 1149 of the Civil Code, if the heir claiming the obligatory share did not use this property during the life of the testator, and the heir under the will used this property (for living or as the main source of income), then the court may refuse the obligatory share.

Situations of this kind are considered individually, and the final decision depends on the financial situation of both heirs.

To give up your share

Each applicant for an inheritance can renounce his share , indicating the people in whose favor this refusal will be made.
Or without indicating such citizens. The law prohibits changing the refusal of inheritance or taking it back (clause 3 of Article 1157 of the Civil Code of the Russian Federation).

The heir has six months to refuse. Even if within six months he manages to enter into inheritance rights, and then changes his mind, he will still be able to refuse (clause 2 of Article 1157 of the Civil Code). But after six months, this will only be possible by court decision.

Valid reasons for refusing an inheritance after six months will be considered serious illness, forced long absence (business trip), and the like.

To refuse an inheritance, you need to submit a statement of refusal to the notary who is involved in the execution of the will (clause 1 of Article 1159 of the Civil Code of the Russian Federation).

Peculiarities of inheritance of plots leased or used

So, we have established that you can only inherit what you own. And yet, what to do if, after the death of a relative, there remains an allotment that he used on a rental basis or under an indefinite agreement?

Civil legislation (Articles 617, 1112 of the Civil Code of the Russian Federation) provides that the lease of land passes to the heirs, then the heir inherits, so to speak, the position of the testator in rental relations.

There are several nuances that will help you in such situations:

the lease agreement may contain a clause stating that the lease terminates with the death of the tenant - in this case, the heirs do not have the right to continue renting the land;
if there is no such clause, then even if the lessor subsequently changes, the heirs have the right to be a party to the agreement for the remaining period;
the heir can increase the term of the lease agreement and change other conditions only in court or by agreement with the lessor;
if you do not enter as a tenant within one year, the contract is automatically terminated (it will be almost impossible to buy it from the state) since the rental rights will be part of the escheated property (inherited by the state, municipality), and the coincidence of the tenant and the lessor in one person leads to termination agreement;

Other use of land can be in the form of: perpetual use, inheritable ownership and easement.

The right to lifelong ownership is inherited in the same way as land ownership, without unnecessary features and tricks.

The right of perpetual use of land can pass to the heir only in two cases:

if the heir receives a building on such a plot;
if the testator began the procedure for registering ownership, but did not complete it due to death, the issue of the heir’s right to such land is decided by the court.

An easement has the same inheritance features as a lease.

In each individual case, it is necessary to take into account the legislation and practice of the region where the site is located. For example, since 2016, a new procedure for the use of agricultural land has been in effect in the Moscow region, encouraging owners to take into account the purpose of the land. If such land is inherited, the newly-minted owner must make a choice: to carry out agricultural work himself, lease it out or sell it (in the latter case, the price must be equal to the cadastral price).

Questions from our readers

Who and what land cannot inherit?
The law prohibits inheriting a land share in the following cases :

the successor does not have Russian citizenship or is a resident of another country;
a land plot cannot be inherited if it occupies at least 10% of the agricultural land of the municipality;
plots allocated for private household plots, gardening, individual housing construction, and gardening are not inherited by legal entities.

In the latter case, if a will has been drawn up for an organization, then in this part it is declared invalid.

Inheritance of plots in horticultural, gardening and dacha societies

Often testators do not register ownership of their dacha and similar plots. Rights to plots are expressed in the form of membership in SNT, DNP, etc. and are confirmed by membership books.

Such lands and buildings located on them are inherited in the general manner according to a certificate of inheritance. The subject of inheritance is a share (share), which provides the authority to use and dispose of the deceased’s land allotment.

The certificate of inheritance and the application for admission to membership are presented to the chairman of the association, who raises the issue of admitting the heir to membership of the SNT, DNP at the general meeting of members of the partnership (partnership). But this is more of a ceremony than a real solution to the issue, since civil law does not allow the refusal to accept an heir as a member of the association instead of the deceased.

After this, the new owner is given a membership card, and he exercises the rights and obligations in relation to the allotment to the same extent as the testator had.

The difference in the procedure for a lease with a house

The procedure for inheriting a house and land differs only in the package of necessary documents. In addition to the documents that are needed to obtain rights to a land plot, you will also need:

technical passport of the house;
a certificate indicating all persons registered in the house;
a certificate from the tax office confirming that there is no property tax debt.

We described in more detail how to register an inheritance for a house and land separately.