Detailed procedure for renouncing ownership of a land plot

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Published: 04/30/2017

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More and more often, the issue of renouncing land ownership is becoming an urgent issue for citizens. This may be due to the fact that some time ago land plots were transferred from the state free of charge. In addition, cases of land transfer by inheritance are common.

But over time, such plots turn out to be abandoned by their owners, and their actual ownership is confirmed only by documents. What to do if the existing piece of land brings only losses? How to waive your right to a plot? The answers to these and other questions can be found out by reading this article.

• Legislation
• When can you relinquish ownership of a plot of land?
• When you can't refuse
• How to abandon a plot of land that you own: step-by-step instructions
• What problems may arise

General concepts

Refusal is possible in the following cases:

• when upon receipt of an inheritance it is necessary to pay the debts of the previous owner (the amounts are divided in equal shares among all heirs);
• if, due to various circumstances, it is impossible to process the allotment and ensure payments (similar situations occur when a citizen turned to the state with a request to allocate a plot for cultivation and wrote a petition);
• in situations where land is confiscated to pay debts (first the property is seized, then the court decision is enforced through the bailiffs).

Relinquishment of property can also occur when:

• liquidation of an allotment due to natural disasters, for example, volcanic eruption, etc.;
• seizure by a government authority of a plot intended for agricultural use (find out how to draw up a lease agreement for a plot for agricultural use) due to the owner’s failure to fulfill obligations (the plot will be transferred back to the hands of the municipality);
• unlawful disposal of the site by a person who is not a reliable copyright holder (errors were made in the design, or the procedure was not carried out at all);
• improper use of land (even members of the owners’ association can file a petition for this offense with a request to limit the actions of the violator, then the issue can be resolved in court).

The algorithm for implementing the refusal is established in accordance with the requirements of Federal Law No. 218 “On State Registration of Real Estate” dated July 13, 2015.

When selling a plot, no additional documents or surrender of the allotment are required. The purchase and sale agreement is already confirmation that the plot of land is transferred to another owner.

The alienation procedure is carried out in several stages. Regardless of the place where the application is submitted, all documentation is in any case registered in Rosreestr, and execution is carried out only after official permission.

The procedure for leaving SNT

The process of leaving a gardening non-profit partnership takes place in strict accordance with the legislation of the Russian Federation. In this way, outside interested parties will not be able to interfere with the procedure or interfere with its implementation.

How are funds reimbursed when leaving the gardening partnership?

If the paperwork was completed successfully, then we can say that the issue is closed for the owner. However, there is no need to rush, there are two main nuances:

1. Firstly, a person leaving the association retains the opportunity to use property purchased with common money received from contributions;
2. Secondly, everyone can refund back a share of the targeted contributions paid. It is available to everyone who has deposited their funds several periods in advance.

Drawing up an application for refusal

The procedure for terminating the right to a land plot after acquisition is carried out after the owner submits an application.

You can get a ready-made form from the following organizations:

• at the state registration authority;
• at a notary;
• in a lawyer's office;
• on the Internet resource of Rosreestr.

Features of the form and type of application that must be taken into account

• Body of the state institution to which the document is sent), full name. the applicant (from whom), as well as his address and telephone number (written in the upper right corner);
• The name of the document (“application”) is placed in the center of 2/3 of the sheet;
• the central part of the document: data on the territorial location of the object, the main request and the reason on which the appeal is based;
• Signature and date are required at the bottom.

According to the Civil and Land Codes of the Russian Federation, only those applications that are drawn up in accordance with all new requirements are accepted for consideration.

The application is submitted to the following organizations

• If the owner or developer has all the documents, including the purchase and sale agreement, then the application is sent to the nearest branch of Rosreestr;
• in cases where the land plot is given for indefinite land use (lease, etc.), the document is sent to the municipal administration to remove the right, the contract for individuals and legal entities is terminated.

You may be interested in: how to draw up an agreement to terminate a land lease agreement.

Terms of consideration

On average, the processing time for an application after an application is 30 days. Waiting for a decision to be made at the first stage is allowed and is 3 days.

Within a week, Rosreestr receives a package of documents and registers all the data, then sends them to the tax office.

After the requested and received information, Rosreestr sends a notification about the completion of the suspension procedure.

Law

To resolve the issue of abandonment of a land plot, Article 53 was developed in the Land Code of the Russian Federation. Both legal entities and individuals have the right to refuse. It is only important to adhere to the procedure established by law.

ATTENTION! The issue is also considered in Article 236 of the Civil Code of the Russian Federation. According to this article, an application for refusal may be expressed in writing.

A land plot should be abandoned when it is impossible to sell it or transfer it to another person. In such cases, land rights are transferred to the municipality and the state.

Sequence of actions for the procedure for renouncing ownership of a land plot

To complete the refusal procedure, the following algorithm is implied:

• collect a package of documents;
• application from the owner or person with a power of attorney;
• obtaining a certificate from the registration authority listing a list of related documents;
• When a decision is made, a response letter is sent;
• then, within seven days, the papers are sent to Rosreestr and then transferred to the tax office;
• upon approval, a letter of suspension of the right is sent to the owner.

List of necessary documents for the refusal procedure

To relinquish ownership, the following package of documents is required:

• papers legally confirming ownership of a land plot for SNT, agricultural purposes, etc.;
• if a legal entity applies of its own free will, then a documentary permit from the state registration authority is required, as well as an extract from the Unified State Register of Legal Entities;
• document on state registration and its photocopy;
• application for alienation;
• site passport;
• the applicant's identity document or power of attorney.

Documentation

To speed up the process of registering a refusal, you can find out the list of documents in advance, prepare them, check them:

• You will need paper that confirms ownership of the land. This may be a certificate of ownership, a municipal decision to allocate a plot of land.
• Owner's civil passport.
• Cadastral passport for the plot.
• When a company or organization writes a waiver of land, a certificate of registration of a legal entity is attached. A waiver of the land is also required, which is formalized by the founder of the organization.
• When a representative is involved in the matter, a notarized power of attorney should also be prepared.

Result of relinquishment of ownership

After registration of the voluntary refusal, the land plot is transferred to the ownership of the municipality. The site becomes ownerless and, as a rule, goes from private to municipal. The state will dispose of it at its discretion and in accordance with the law, even if the land plot included a privatized apartment building. At the end of all stages, the owner is issued a certificate confirming the authenticity of the procedure.

Within a year, the previous owner or other claimants have the opportunity to return (or obtain) ownership.

Governing legal norms

Relinquishment of the right to land ownership can be carried out only legally and on the basis of Federal Law No. 218 of July 13, 2015 “On State Registration of Real Estate”, as well as Art. 53 of the Land Code of the Russian Federation.

Situation 1

We are a large family. We purchased the plot 2 years ago. But now we don’t use it and, in principle, we don’t want to cultivate it for life. Can my spouse and I renounce ownership within a month if the plot is distributed in equal shares? Paying for it became unaffordable. There is a sawmill and a two-story house there. The matter is complicated by the fact that the spouse is not in the city; he will be in another region for 3 months. And also tell me to whom the allotment should go. What is the plan for further actions? The state duty for land surveying was paid, everything is in order with the documents. Are any changes possible?

Expert's answer: You can carry out the procedure in the absence of your spouse if he writes and notarizes a power of attorney. You will be able to act as a representative of his interests and a trustee for any other transactions with his share of real estate. And the occurrence of problems in this case is excluded.

Situation 2

Please tell me, can we waive our ownership rights if the documents for our summer cottage plot are not in order and we have not gone through the land surveying procedure? And what can be done in this case?

Answer: According to Federal Law No. 218 “On Real Estate Registration”, in order to carry out any operations with a summer cottage, it must undergo a mandatory land surveying procedure. This condition must be observed to avoid undesirable consequences. Therefore, the sooner you begin to resolve this issue, the better. Once all documentation is in order in accordance with legal requirements, you can submit an application based on the sample.

Situation 3

I inherited land from my uncle for gardening, which he was constantly engaged in during his lifetime. But there is no need to use the allotment, and paying tax every time is tiring. This property is not needed, and you don’t want additional red tape; it’s easier to immediately formalize the relinquishment of ownership. Is it possible to do this? What would be correct from a legal point of view?

Answer: You can issue a refusal. To do this, you need to contact the nearest branch of Rosreestr or the MFC with an application for refusal of property.

Consequences of leaving SNT

The process of leaving a gardening partnership, in itself, is quite simple, however, if you are not careful about this issue, unpleasant consequences are possible. For example, if there is not enough money to pay off any debts.

In this situation, the board of the gardening partnership reserves the right to limit access or completely disconnect the owner from using communications. If the former participant does not repay the debt, the company has the opportunity to file an application in court and recover the entire debt from this citizen.

Once you leave the community, you will no longer be able to attend meetings, but will no longer have to pay taxes or be subject to bylaw rules. If you sign an agreement detailing your communications sharing obligations, you will be allowed to use them for an additional fee.

Joint ownership

All citizens who join the SNT pay so-called membership fees. These funds are spent on ensuring the life of the settlement and the equipment necessary for the comfortable use of all communications. If you decide to leave the community, you still have the right to a share of the community property.