- What documents are needed to register ownership of a land plot (land)
- Procedure and procedure for registering ownership of a land plot (land): step-by-step instructions
- Step 1: registration of land ownership
- Step 2: registration through the MFC
- How to formalize and legalize ownership of a land plot received as an inheritance: difficulties and nuances
- How to register and legalize a plot of land as a property in non-standard cases
- If the plot was purchased before 2001
- If the territory is not demarcated
- If documents are missing
- How to become the owner of rented space
- Algorithm of actions
- What to do if there is ownerless land?
- How much does registration cost?
- Where land ownership is registered and fees are paid
- What is not transferred to private property
- How to register a land plot with savings
- Let's sum it up
How to register land ownership?
It is almost impossible for an ordinary person to independently understand issues of land disputes. The necessary articles will have to be found in countless regulations, federal laws and other documents written in difficult-to-understand legal language. In order to process the entire array of information and isolate from it what will work in your particular case, you will need the help of a specialist - a lawyer working in the specified profile. This article is an attempt to systematize all available information and collect it into a detailed guide to action. Of course, you shouldn’t forget that every business is unique, and therefore don’t rush to try the advice on yourself right away.
What documents are needed to register ownership of a land plot (land)
In 2021, Federal Law No. 218 came into force, stating “On state registration of real estate” and made certain changes to the procedure. According to its main provisions, plot owners are required to register with the State Cadastre.
If you wait to complete the registration, you may no longer be able to confirm your ownership. In any case, it will definitely be more expensive and more difficult.
To select a suitable expert for documentary support of the construction of a house, we recommend using the company search in the Building Companion catalog. The profile of each contractor contains the necessary information, portfolio, reviews, and you can place a request for an estimate of the cost of the service. Find a documentary support expert »
When there are no papers at all on the site, the main arguments are one’s 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 unravel this story.
When supporting documentation is in hand, it is easier to resolve the situation. But here a reasonable question arises: what papers should I prepare?
Standard package includes:
- application for obtaining ownership rights.
- cadastral passport.
- identification document of the owner (copy and original).
- papers confirming the acquisition of land.
Today, the Russian legal system offers three options for obtaining real estate: donation, purchase and sale transaction, inheritance. Depending on which one you choose, additional documentation is prepared (for example, a privatization act, a deed of gift, etc.).
Types of documents for memory
Let’s decide what documents you need to acquire to register ownership of a land plot. They have different purposes and different legal force and are not interchangeable.
When understanding what documents are needed initially, we will not dwell on those issued after the survey has been carried out to reflect the key characteristics of the site:
- cadastral passport;
- boundary work.
In addition to them, the package should be supplemented with two types of documentation that provide the owner of the allotment with property guarantees:
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- legal confirmation.
What is title and/or title documentation for a land plot?
Title and title documents for land differ in:
- order of receipt;
- order of issue;
- appointment;
- legal force.
We are faced with the fact that they are title deeds when officially registering data on the emergence of rights to a land plot. When ownership is acquired as such, an original title deed or agreement arises. It sets out the basis for the emergence of ownership of the memory.
The circumstances under which the right to own an allotment arises differ. Therefore, it is customary to talk about three types of ownership rights:
- In real terms. It arises during inheritance or as a result of the fact that an agreement has been concluded regarding the use of the memory – permanent (perpetual) or temporary.
- Commitment. It may appear when land is rented or a gardening non-profit partnership, dacha cooperative, or other collective partnership is created.
- Property. Appears when a deal is concluded, drawing up agreements of gift, purchase and sale, etc.
The right to own a land plot may arise in connection with a dozen reasons:
- a state or municipal act has been adopted confirming that the rights to the land plot are transferred to a certain person;
- the court decision has entered into force;
- Damages or losses caused are compensated in kind, which is allowed by Art. 1082 Civil Code of the Russian Federation;
- property that was appropriated without legal grounds is returned (under Article 1104 of the Civil Code);
- due to acquisitive prescription, because they used it openly and in good faith for a decade and a half (under Article 234 of the Civil Code);
- it was used free of charge;
- rented by agreement;
- inherited;
- were placed in lifelong possession;
- purchased;
- there was a limited use or easement.
The right to own a land plot must be registered in order to become the full owner.
Having passed the state registration of the land plot in Rosreestr, we become recipients of the secondary documentation for it - the title document. It cannot be obtained except by presenting to the federal registrar (directly at the department or through the MFC) primary evidence that irrefutably proves the fact of ownership of the land.
With the receipt of secondary documentation on the land plot, we can safely assert that we have full access to ownership rights.
Procedure and procedure for registering ownership of a land plot (land): step-by-step instructions
During Soviet rule, the entire territory was considered state territory. To avoid desolation, it was transferred to lifetime inheritable ownership or perpetual use. An order, resolution of a municipal body 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 up to October 2001 inclusive.
If you have 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 not always possible to resolve land disputes quickly. In some cases, people face a series of years-long legal battles.
Step 1: registration of land ownership
In a successful scenario, the algorithm for obtaining real estate is as follows:
- You come to Rosreestr (it is advisable to choose branches related to your area).
- Fill out the application, which is issued by an employee on site.
- Submit a package of documents (the list is presented above).
- You pay the state fee.
After completing the above steps, all that remains is 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 package of documentation with declarations for buildings that are located on the land plot.
What to do next:
- Pay the state fee at the cashier.
- Fill out the application issued by an employee of the organization.
- Receive a certificate receipt.
Wait until the confirmation certificate is ready and come for it on the appointed day.
Validity period of title documentation
Title papers are issued without a time limit . Accordingly, their legal force is not lost over time. Information is updated by replacing cadastral passports of land plots, extracts from cadastral records, etc. Some acts were issued to citizens during the Soviet period, but they are still relevant today.
Termination of their validity, on the basis of which cancellation is permissible, occurs when the right to use the memory is terminated. Situations that allow for the abolition of securities include:
- land seizure;
- confiscation, expropriation;
- transfer to heirs;
- transfer of rights under a property transaction.
After the transfer of ownership to the new owner, the old documentation can only be used to determine the category of land. Cancellation is also allowed.
How to register and legalize a plot of land as a property in non-standard cases
When you have all the supporting certificates and documents on hand, registering your right to own a plot of land is not difficult. However, this is not always the case.
The fact is that after the collapse of the Soviet Union, active distribution of shares for general use began. But this practice was new: previously all the land had been nationalized, so there was no strict registration procedure. Echoes of disorganization and thoughtlessness are especially audible today, when many owners encounter problems when registering according to new accounting rules.
Below you will find a selection of instructions on how to act in atypical 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 plot was purchased before 2001
In two thousand and one, amendments to land legislation came into force. If the purchase of the plot took place earlier, but you still did not have time to draw up the owner’s documents, then before contacting the Multifunctional Center, you will have to submit an application 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 the employee’s services.
Important: the procedure is allowed to be carried out only in those areas where land surveying has already been completed.
The passport issuance period is ten working days. However, in some regions this time may be increased due to the workload of registrars.
If the territory is not demarcated
Land surveying is the determination of the boundaries of an allotment by regulatory documents. It does not involve disputes with neighbors; it is necessary in order to formalize a land plot and register the owner’s right.
If demarcation has not been carried out previously, you should order the service as soon as possible. This can be done at any organization specializing in land management work.
To draw up a boundary plan (MP), a company employee:
- collects and analyzes geodesy data, correlates them with a map of the area.
- creates markup with a detailed description.
- marks communications and other objects on it.
- draws up the MP in accordance with established norms and rules.
Completion of the procedure is impossible without transferring the drawn up plan, a copy of the passport, as well as papers confirming the status of the owner to the Cadastral Chamber. In practice, all this takes about six months.
If documents are missing
The most common problem faced by future owners. In this case, the algorithm of actions looks like this:
- You find evidence that the land was indeed accepted for indefinite use.
- Collect the necessary papers for the trial. Those that are able to confirm the fact of transmission are selected. As a rule, this is the longest stage in the case.
- Prepare a statement of claim.
- You win in court. Standard questions are considered within a couple of months from the date of application, but if difficulties arise, the period may increase.
- Register the status of the owner in Rosreestr. The judge recognizes the corresponding right for you, but a separate body is involved in its registration. He also issues the extracts necessary for the Unified State Register.
Important: without a certificate from the Unified State Register of Real Estate, you cannot be considered the official owner.
Receive necessary documents remotely
Not only its owner, but also another person who plans to purchase it in the future may want to receive information about real estate. If such a situation arises, the future buyer of the property should find out its cadastral number. If he knows it, then he can get acquainted with the technical data for the object remotely.
To do this you should go through the following procedure:
- Go to the official website of the USRN.
- Go to the object data search menu.
- Enter the cadastral number in the appropriate line.
- Select the desired object from the list provided.
- Place an order to receive an extract.
- Pay the state fee.
- Read the written response in your personal account on the USRN website.
As a rule, after placing an order to receive an extract, a response will come within 5 days.
ATTENTION !!! If during the search for the required object by cadastral number there were no results, this indicates that the property did not go through the privatization procedure. And if for some reason it was not possible to find out the cadastral number of the property, this means that the property is leased by an individual.
After the electronic statement arrives in your personal account on the Unified State Register of Real Estate, you can view general information about the property.
It provides the following information:
- Where is;
- Square;
- What is it intended for?
- Has privatization been carried out?
- What ownership is it in?
- On what basis was the transfer of rights to the current owner carried out;
- Are there any financial obligations;
- Are there any other encumbrances on the property?
There is another remote way to find out general information about the property you are interested in. This is a public cadastral map. But you can only find out information if you know the location of the object. If so, then the interested person can find the object on the map and make sure that the property that interests him has undergone the privatization procedure.
How to become the owner of rented space
In accordance with the new Land Legislation, citizens of the Russian Federation have the right to formalize ownership even of those plots that have been handed over (both urgently and indefinitely). And if the territory was allocated back in the Soviet Union and used for housing construction, all registration procedures can be carried out free of charge.
In what cases is it possible to take advantage of:
- If you have built a country house and become its owner. This also includes garages, bathhouses and outbuildings.
- When the construction was put into operation.
- Upon enrollment as a member of a horticultural or vegetable cooperative.
Until the end of 2021, this procedure is being implemented free of charge, so you should hurry.
The categories of beneficiaries entitled to receive an allotment for free include:
- veterans and participants of the Second World War.
- persons recognized as disabled.
- orphans.
- families with three or more children.
- internal affairs officers with fifteen years of experience.
Young professionals involved in agriculture can also qualify for benefits.
Algorithm of actions
Before starting the registration procedure, it is important to write an application to the relevant authority responsible for the territory. The form must be accompanied by a certificate received from the Cadastral Service. The decision by the municipal body is made within fourteen working days.
Based on the internal nuances of the case, the administration can:
- transfer the plot of land for use free of charge, as well as issue the appropriate written permission.
- offer a buyout option by submitting the purchase and sale agreement for consideration.
- reject the request on the basis of Article No. 28 of the Land Code.
Please note that owners of private houses located on municipal areas have certain advantages when registering.
Useful video
The 6-minute presentation is devoted to how to carry out state registration of a land plot in the MFC, what documents are required for this, and various nuances.
The 19-minute video outlines how to privatize land plots in a dacha cooperative or gardening non-profit partnership. It is especially emphasized that with the entry into force of Federal Law No. 218, the procedure for state registration has changed. Therefore, a neighbor on the site who received documents for the land earlier, or a specialist who has retired, will most likely give you the wrong advice.
Changes in regulations occur frequently. Therefore, for advice, it is better to contact specialists who, by the nature of their activities, are obliged to monitor them. Or check the instructions provided by Rosreestr on the official website.
What to do if there is ownerless land?
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 the property. To speed up your search, you can contact your local office and ask for assistance. If the search work does not produce results, resolving the issue can last up to two years, or even more.
To register the right to own an abandoned territory, follow these recommendations:
- Send your request to the nearest governing body. Attach copies of requests to the local administration to your application - this way you will confirm that searches have already been carried out previously. Based on your request, the committee will register the land in the cadastral register. After this, the owners or heirs will have a year to challenge the decision. After the specified period, the case will automatically go to court.
- If during the proceedings it can be proven that the site is empty, it will go to the municipality.
- Your task is to rent it on time. And then start preparing documents: a master plan in the BTI, geodetic markings, etc.
- Hand over the package of collected papers to the local administration.
The application is considered from one to three months. If the decision is in your favor, you can buy the plot at the average market price. All that remains is to carry out land surveying and register with Rosreestr.
Legal force and requirements
As for the right to own a land plot, it can be established by a decision:
- administrative;
- judicial
To conclude a transaction under a land plot, it is necessary that the title documentation has legal force. It is acquired by passing state registration, a mandatory requirement established by clause 1 of Art. 131 Civil Code of the Russian Federation. The state registration of real estate is regulated by Federal Law No. 218, adopted in 2015 and which came into force in 2017.
Where can I get a title document?
Before starting any registration actions, you need to find out where to get the appropriate papers. If we are talking about an extract from the Unified State Register, then it is issued by Rosreestr; the application can also be submitted through the MFC.
However, Rosreestr will not contain information if after January 31, 1998, the rights to the object were not re-registered or no changes were made. Accordingly, an extract will not be issued. Information about such land plots is stored in the registers of the executive authorities of those settlements in which the real estate is located. In such a situation, this is where you need to go.
Some title documents can be obtained from the municipal administration. We are talking about transfer acts, long-term lease agreements and others. However, such information is stored on average for about seven years, after which it is sent for archival storage. Accordingly, they will need to be requested through the municipal or regional archive.
If the plot was transferred to a citizen on the basis of a court decision, then you can always obtain a certified copy of the act from the court or from its archives.
