Find out who the owner of a land plot is by cadastral number: we will help you find it without any problems!

Any land plot must be owned by someone. If the land is not registered to anyone, then it is in the possession of the state. Therefore, if you decide to buy a house or rent a plot, the first thing you need to do is find out information about all its owners. This question confuses many people, since it is not always clear where to look for information. How to find the owner of a plot of land online? And we’ll tell you how to do it quickly and easily right now.

Each land plot goes through the process of state registration. As soon as an object is assigned a cadastral number, the owner has the rights to own the land. All data about the site is entered into the Rosrestr database.

Why do you need to know the owner of the land?

With any legal actions regarding real estate, first of all it is necessary to find out the owner of the land plot . First of all, so as not to stumble upon unscrupulous owners or scammers. Let's consider several situations.

When purchasing a plot. Very often, scammers try to sell property to which they do not have ownership rights. After receiving the money, it disappears, and you are left without funds and without land. To avoid falling into the hands of scammers, it is better to make sure in advance and find out the real owners of the land.

If the plot has several owners. To avoid disputes and problems during the purchase and sale, find out information about all owners. There are situations when some owners sell a property without the knowledge of others.

If you like an abandoned area. At first glance, such a site may seem abandoned and abandoned. But this does not mean that he does not have an owner. Perhaps it is in the possession of a legal entity and is mothballed for several years. Or it is owned by the state. In any case, in order not to guess, it is worth finding the owner of the land plot.

Do you want to collect information about your neighbors? New tenants have moved into the neighboring house, about whom you know nothing. Moreover, they do not behave very decently and do not make contact. The first thing you need to do is find out the owner of the land.

Reasons for obtaining information about the owner of the memory

Persons in whose jurisdiction the lands are located can be both owners and other legal holders, for example, those who own plots without privatization or redemption. In addition, among them we can distinguish title owners - tenants of land plots. From the listed category, only owners of plots have expanded civil and property rights, which allow the possibility of:

1. participation of lands in transactions;
2. inheritance;
3. reorganization;
4. leasing (how to register a land plot as your own if it is rented?).

By the way, we wrote about rights and responsibilities earlier in this article.

The inviolability of property is guaranteed by the Constitution of the Russian Federation (Article 35), as well as other legislative norms. Accordingly, when carrying out boundary work, the consent of the owner of the neighboring plot is required. An abandoned, uncultivated area may also be someone else's property. To purchase it, you will need to speak with the legal owner.

Among other things , numerous situations that are resolved in court often require the presence of neighbors. For example, when imposing the boundaries of a land plot, reorganizing plots, or when discovering that a disappeared neighbor has violated boundary boundaries or site development standards.

How to find out who is the owner of a land plot?

Through the Internet. Today you can type any query into a search engine and a dozen links to all sorts of so-called “free” helpers will come up. Therefore, such searches are fraught with dire consequences. First of all, no one guarantees you that this information is reliable and up-to-date. In addition, you can stumble upon scammers who will ask you to enter personal information in exchange for providing data, and then use it. And also, by clicking on an unverified link, you risk catching a computer virus. It is best to seek such information through official sources.

It is important to understand that information about the owners of a land plot cannot be found in the public domain. They can be obtained by ordering an extract from the Unified State Register of Real Estate. True, you will have to pay for it. Prices range from 200 to 950 rubles. The paper version will be more expensive than the electronic one.

To obtain a paper document, you will have to stand in more than one line at the MFC or personally visit a Rosreestr branch. Fill out the application without errors. And wait from 5 to 9 business days. It is much easier to find the owner of the land online.

Registration of land plots

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Registration of land under a building (typical problems and solutions)

Firstly, we note that this article for the most part relates to the registration of land for non-residential commercial properties or for those residential buildings that, unfortunately, did not fall under the “dacha amnesty”. In cases where a “dacha amnesty” is applied, the need to contact the administration for land registration is absent or reduced to a minimum.

However, those “unlucky ones” who are forced to communicate with city and district administrations in order to privatize a land plot may find this article interesting.

The administration refuses to provide the land plot occupied by my building. What to do?

In accordance with Article 36 of the Land Code of the Russian Federation, the owner of a building, structure, or structure has the exclusive right to privatize or lease the land plot occupied by this property. Moreover, it is the owner of the building who has the right to choose on what basis he will own the land: on the right of ownership or lease. Thus, the administration’s refusal to provide land to such a person is, as a rule, not legal. The actions of officials can also be considered unlawful if you apply for the acquisition of land ownership, but instead they offer you a lease.

However, there are exceptions to this rule. The fact is that in some cases the transfer of land into private ownership is prohibited, for example, if we are talking about specially protected natural areas, public lands or lands reserved for state or municipal needs. In this case, the land can only be provided for rent.

Thus, all refusals by the administration to register land should be checked by an independent lawyer. Unlawful refusals (of which, according to my observations, are at least 50%) can be challenged in an arbitration court (if you are an organization or individual entrepreneur) or in a court of general jurisdiction (if you are a citizen).

A special category includes refusals to provide land to the owner of a building in cases where the land under this object has already been provided to another person for ownership or lease. As a rule, in this case there is a violation of your exclusive right, and it is necessary to urgently go to court with a claim against the illegal landowner. If this is not done, then after the expiration of the limitation period (3 years), the opportunity to protect your rights may be lost. If you discover that the land under your property has been provided to another person, do not waste time, urgently seek legal assistance, even if the situation does not create serious inconvenience for you at the moment.

The administration does not refuse to register the land, but my documents have been wandering around the authorities for several months.

If you are the owner of a building, structure, structure and have applied to the administration for the purchase of a land plot or the acquisition of land for rent, attaching all the documents required by law (including the cadastral passport of the land plot), then a land purchase and sale or lease agreement must be drawn up within one month (clause 5 of article 36 of the Land Code of the Russian Federation). If during this period the administration did not prepare an agreement and did not submit it to you for signature, this may be regarded as an illegal inaction of the government authority and appealed to the court.

If you contact the administration without attaching a cadastral passport of the land plot (for the reason that the plot is not registered in the cadastral register), then within a month you are required to prepare the documents necessary for carrying out boundary work and registering your plot with cadastral registration (location diagram land plot on the cadastral plan of the territory) (clause 7 of article 36 of the Land Code of the Russian Federation). If this is not done, then you also have the right to go to court.

The administration of the city of Chelyabinsk usually takes a very long time (sometimes years) to process documents for land. First, you are forced to do an executive survey of the site (which you are not required to do), then on its basis a diagram of the site is prepared. This scheme is approved in turn by the land administration, architecture, and sometimes the district administration, then KUIZO. In each office, a document can lie dormant for several weeks or even months. Moreover, it happens that the architecture refuses to approve the scheme approved by the land administration and everything starts all over again. People often think that just a little more and everything will end, but nothing ends and drags on endlessly. Maybe you shouldn’t follow the officials’ lead, but rather argue with them?

When registering the land, the area of ​​my plot was reduced

In order to buy (or receive free of charge if there are grounds) land, as well as formalize a lease, the land plot must be formed and registered in the cadastral register; The boundaries and area of ​​this site must be determined. Who is involved in the formation of the site? Of course, the administration of a city or municipal district. And the administration often forms the site differently than the applicant would like, for example, it indicates an area smaller than you expect.

Disputes at the stage of boundary formation are traditionally classified as the most severe, since the legislation does not contain clear formulas for calculating the area of ​​land required for the operation of a particular facility. At the same time, for individual residential buildings, at least there are norms for the minimum provision of a land plot; for industrial (or other non-residential) objects there is not even this. Thus, it is quite difficult to determine who is right. However, the law still provides for certain criteria that must be taken into account when determining the boundaries of a site (clause 7 of Article 36 of the Land Code of the Russian Federation):

1. When forming the boundaries of a site, actual land use must be taken into account;

2. The site may be limited by public lands (red lines);

3. Of course, the boundaries of adjacent land plots are taken into account;

4. Natural boundaries of the site (rivers, ravines)

5. Initial documents (old decrees, orders or government acts) on the area and boundaries of the land plot provided many years ago for the construction of your property. The presence of such a document can greatly simplify the work on such a dispute, however, the difficulty is that such documents may not be preserved. In addition, it happens that a single large plot of land was previously provided for the construction of several real estate objects (this situation is most typical for Soviet factories), and now you, as the owner of one of such objects, are forced to find out what area of ​​the previously allocated land plot you need, and which one your neighbors are entitled to.

Recently, in order to resolve such issues, they have begun to conduct construction and technical or land management examinations, the task of which is to establish the area and land plot required for the operation of a particular building.

Thus, it is possible to prove your case in court, but prepare for a long and complex process, as well as very likely costs for the examination.

Material prepared by Tatyana Skvortsova

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Is it possible to organize a business on an individual housing construction site?

Many people decide to engage in commercial activities practically without leaving home.
Using the individual housing construction plot for business seems promising. But you shouldn’t rush to build a store or cafe on your territory. In fact, it will not be possible to use a plot intended for individual housing construction to conduct commercial activities . To solve this problem, you will have to officially allocate part of the site for commercial activities or completely change the purpose of the territory. But in the latter case, it will be impossible to live on such land.

Thus, there are many factors to consider when purchasing a commercial plot. How quickly your business will start operating depends on how thoroughly you have worked through all the points to ensure compliance with the business plan.

The video story will tell you how to register commercial real estate if the land is leased

Cost of land for commercial purposes

When determining the value of land plots intended for the construction of commercial real estate, many parameters are taken into account.

The cost also depends on the location:

Within almost every region, its own pricing policy for land for business is established.

And it differs in many ways from the cost of ordinary agricultural plots or land for individual construction.

Subjects and objects of land ownership

As subjects of land ownership in accordance with Art. 15 of the Land Code of the Russian Federation “Ownership of land of citizens and legal entities” considers:

• citizens of the Russian Federation; foreign citizens, stateless persons - with some restrictions;
• legal entities (including foreign ones - with restrictions);
• Russian Federation;
• subjects of the Russian Federation;
• municipalities.

In order to own a plot of land, citizens must have civil and land legal capacity and legal capacity, and legal entities must have legal capacity. On behalf of the Russian Federation, constituent entities of the Russian Federation and municipalities, powers are exercised by specially authorized bodies, which can act as:

• owner;
• administrative body.

The object of land ownership is a land plot, the concept of which is enshrined in clause 3 of Art. 6 of the Land Code of the Russian Federation: this is an immovable thing, which is a part of the earth’s surface and has characteristics that make it possible to define it as an individually defined thing. The content of property rights, which applies to any objects of civil rights, including land plots, is established by civil law. According to Art. 209 of the Civil Code of the Russian Federation, the owner has the rights to own, use and dispose of his property.

Advantages of self-selection of land using a cadastral map

You can select a site in different ways. For example, you can methodically travel around some of the regions you like and inspect the territories. Then request an extract from the Unified State Register and check whether the plot has an owner and other data. But this method comes with significant costs. There is no guarantee that there will be at least one free plot in a certain area. In addition, you need to find out the cadastral number, and without the address of the plot it is difficult to get it.

Using a cadastral map of vacant plots significantly narrows the search range. You can find out in advance where the category of land does not correspond to the plans, where the area is too large or small. You won’t have to waste time on useless trips or visits to the offices of responsible persons from the structures in charge of municipal real estate.

Independently searching for a plot of land using specialized services has other advantages, for example:

• It is possible to immediately check what is nearby. This applies to roads, infrastructure, rivers, wetlands, etc.
• You can check what neighboring areas are doing. Not everyone wants to live near industrial enterprises or agricultural farms.

The main advantage of working with PPK is that a potential tenant or buyer contacts a local or regional property management committee and already has basic information about the selected site. He will not be disappointed in the form of a message that the territory is occupied and he needs to start the search again. Saves time and money.

Features of document preparation

On the one hand, transactions with commercial plots are simple. But in practice, they require a more careful approach than the acquisition of conventional land. A mistake can lead to large costs. In some cases, it may cost the company bankruptcy.

Potential buyers need to carefully calculate their investment and payback period. In some cases, it is more convenient to first lease land with the opportunity to build something on the territory. Another important point is taxation. The owner will have to pay taxes not only on the land, but also on all buildings on it.

Description of subjects

According to the law, civilians include all citizens of the Russian Federation without exception who have legal capacity and capacity. The legal capacity of citizens begins at the moment of their birth and ends with death.

This opportunity gives citizens:

• the right to have property,
• conclude civil transactions,
• inherit or bequeath objects,
• engage in business activities,
• possess copyright and create a legal entity.

Legal capacity presupposes:

1. presence of a certain psychological maturity,
2. a person is capable of volitional, reasoned actions,
3. fulfilling civic duty and making smart deals.

Citizens of other states or stateless persons will not be able to take possession of the territories:

• located in the border areas of Russia;
• having a special status according to the standards of the Federation.

Legal entities include organizations of any form of ownership, registered in accordance with the requirements and legally possessing land properties.

Reference! A legal entity must also have legal capacity starting from the moment of establishment of the enterprise and ending with liquidation.

Foreign organizations can own facilities in Russia, but with the restrictions prescribed for individuals.

As a result, the problems of all subjects of the Russian Federation, without exception, are resolved, and their constitutional rights are respected.

Objects

As well as defining the concept of subjects, the legislation provides a clear description of the objects in respect of which the former can obtain the status of owner. Full regulations and a clear description are provided by clause 3, art. 6 Land Code of the Russian Federation.

Concept

The object of ownership is an immovable land plot that has all the necessary characteristics of the surface layer, allowing it to be defined as an individual specific thing.

This spatial unit must have a specified area and location. The object can be either a whole plot or a portion of it.

Unlike subjects, objects are passive participants in the process.

What signs do they have?

The site can only be used if the appropriate signs are present.

In particular, the following characteristics apply to them:

• 
  intended purpose established by legislative norms, within the framework of which the subject has the right to use the area acquired;

• permit establishing the procedure and conditions for the use of the territory, taking into account the intended purpose, existing conditions and restrictions;
• individualization , which gives the site such characteristics as cadastral number, established area, location, clear boundaries, permission and intended purpose.

In addition, the plot must be negotiable, that is, not withdrawn from circulation by the state, divisible, have a verified cadastral value and have quality characteristics.

Important! In some cases, regulated by law, land area may be withdrawn and indivisible.

Also, it may not have other specific characteristics, and the owner may have problems in disposal and possession. For example, difficulties with selling, donating or renting.

Therefore, the owner will sooner or later be obliged to establish the status, boundaries and other characteristics of the allotment.