Owners of country plots and houses are replenished not only with the amount of living space, but also with a package of important documentation in the form of relevant “land” papers, which are of high value. However, sometimes it happens that securities are lost, and then a very definite question arises regarding how to restore land documents, and whether it is even possible to restore them. Fortunately, in our time, any document can be recreated. To do this, you just need to collect the necessary papers and go to government agencies vested with the appropriate powers.
Land documentation
Restoring land documents is a very lengthy and labor-intensive process, for successful resolution of which you should clearly understand the types of land documentation. It is presented in two categories:
- establishing rights;
- legal certifiers.
Documentation of the title type is basic. Only if it is available, title documents will be issued. State structures dealing with land issues first require the collection of title documents, and after verification of which they require the provision of documents of title type. There are also land papers belonging to the technical category of documentation, which includes various passports and various kinds of official papers. However, recently, documents of this type have increasingly become equated to the category of “certifying rights”. For this reason, it is now customary to divide all land documentation into only two types.
What happens if you don’t restore documents?
If the owner ignores the restoration of documents, the following negative aspects may arise for him:
- impossibility of selling a land plot;
- There is no possibility of reducing the land tax; for this, an application for revision of the cadastral value is submitted, because It is from this value that the land tax is calculated;
- the inability to inherit or lease a plot of land;
- legally build new facilities on land;
- transfer the land to the authorized capital of a business company;
- to clarify the boundaries of the land plot, about the procedure for establishing the boundaries of the land plot, read the link;
ATTENTION: A lawyer on land disputes in court with neighbors and third parties gives advice in the video. Subscribe to our YouTube channel and legal advice on land issues in the comments of the video will be free for you.
Peculiarities:
a) Documents evidencing the existence of a registration place and containing relevant information about the owner are issued by the BTI authorities, which automatically makes this documentation non-legal. Such papers, as a rule, are equated and attached to the documentation that serves as the basis for the transfer of land rights.
b) In turn, paper documentation proving perpetual land use is classified as legal documentation.
c) In the event of a plot of land being transferred to one’s own disposal or lease use, there will be non-legal category of papers. This category of documents can only include a set of decisions proclaiming the conditions of land provision or the protocol results of auctions.
Driver's license
1. Submit an application for reinstatement to any registration department of the State Traffic Inspectorate or through State Services - this will give you a 30% discount on the payment of the state duty.
2. You will need a Russian passport, a medical certificate is optional. But with a certificate, new licenses will be issued for 10 years. Without a certificate - for the period remaining under the old license.
Unlock access to the private part of Clerk with a Premium subscription. Get hundreds of webinars and online courses, unlimited consultations and other proprietary content for accountants.
Hurry up to subscribe with a 20% discount until October 15, 2021. Read more about “Premium” here.
Copyright certifiers
This category of land securities includes:
- a certificate proving ownership of the land;
- a certificate informing about the right of lifelong ownership of land received as an inheritance;
— a certificate proving the right to permanent or unlimited use of land;
- a state-issued act on land ownership, informing about the lifelong ownership of land received as an inheritance and its perpetual use.
Here it is important to take into account that the documents certifying the title presented above have the force of a legal type only in conjunction with the papers “establishing the right”. For this reason, a document evidencing legal land registration of a state type has a link to a certificate establishing land rights to a given plot.
The submitted certificate also contains the following information:
— the full name of the land owner, as well as other information of a personal nature;
— legal view of the land;;
— category of land plot with area size and location address;
- cadastral number;
— restrictions or encumbrances of the right, if any.
SNILS
1. A new card (duplicate) with SNILS is issued free of charge. You will need a passport.
2. If you are employed, apply through Human Resources.
3. If you are self-employed, contact the Pension Fund branch at the place of your registration as an insurer.
4. If you do not work, contact any branch of the Pension Fund of the Russian Federation at your place of residence or registration.
5. A duplicate card will be issued within one month from the date of registration of your application.
How to restore documents for a house and land?
As a rule, owners of land plots build them up with private houses, cottages, as well as various extensions to them. When all land documentation and papers for the house are received, they are always kept together. For this reason, if securities for a plot of land are lost, the corresponding documentation for the house also disappears. Then it is already necessary to restore the “house” and land documents.
How to restore lost documents for land will be discussed below, but now we will consider possible options for restoring documentation for a house.
In reality, everything is not as scary and difficult as it might seem at first glance. The main thing is to adhere to a certain algorithm of actions, and then everything will definitely work out. So:
1. To begin with, it is important to remember on the basis of what documentation ownership was acquired. All subsequent steps will depend on this moment.
2. If you lose a contractual document confirming the purchase or sale of a house, the registration of which occurred in the pre-July period, it must be sent to the BTI authority. It is in the archives of this organization that contains all the information about the early legal registrations of state-issued property. To obtain a copy of this document, you only need to have your passport with you. However, you should not relax here, since later the contract must be reissued in the structure responsible for registering all official documentation.
3. If a purchase and sale agreement is concluded after July 1997, you must immediately contact the registration service department, where an application for a copy of this agreement must be provided. The application must also be accompanied by a receipt proving payment of the state fee and a passport. Obtaining a purchase and sale agreement becomes possible if it is not certified by a notary.
4. If the submitted document has been checked and approved by a notary, then in this case it is justified to contact the notarial archive and present a passport. After completing all necessary procedures, a contract duplicate is issued.
5. In case of loss of a certificate confirming the right of ownership of a land property, you must go to the registration service, having with you a copy or original of the purchase or sale agreement, which also must first be certified by a notary.
6. It is not recommended to resort to drawing up a general power of attorney, which allows relatives to make transactions with real estate on their own behalf. It will be sufficient to issue a power of attorney informing the reconstruction of the “house” documentation, in which the executive terms and powers of the trustee must be clearly specified.
international passport
1. If you lost it in Russia, submit a statement to the territorial body of the Russian Ministry of Internal Affairs. If lost abroad, go to the diplomatic mission or consulate of the Russian Federation.
2. Apply for a new passport. You can do this through State Services, the Migration Department of the Main Directorate of the Ministry of Internal Affairs of Russia or the MFC. When submitting an application at the place of residence, the passport will be valid for one month, when submitting an application at the place of residence - three months.
3. You will have to pay a state fee - it’s cheaper when you register through State Services. For a new type of international passport you need to pay 3,500 rubles (for children under 14 years old - 1,750 rubles), an old one - 1,400 rubles for adults and 700 rubles for children.
How to restore lost documents for a land plot: what is needed for this?
Restoring documents for a land plot is greatly simplified if you have at least one of the securities presented below:
- a certificate proving the fact of land transfer of the plot as a result of inheritance;
- a verdict of a judicial authority that has legal force;
— contractual documentation in the form of papers on the purchase or sale of land, its exchange, privatization, donation and others;
- state-certified papers in the form of acts, indicating the land allocation of a plot, the process of which was characterized by compliance with the law.
In the renewal process of documentation, it does not matter how the land documents were lost. In any case, you will have to restore them, and it is best to proceed as follows:
1. At the very beginning, it would be optimal to contact government services. Persons vested with land rights after the activation of the relevant law must be sent to Rosreestr, which will issue an extract confirming the right to a plot of land.
2. However, in some cases, Rosreestr may not have the necessary information. In this case, it is necessary to direct the local self-government bodies to which the plot of land belongs. These structures have special committees whose responsibilities include dealing with issues related to land. It is in the archives of the represented committees that all the data on land plots is available.
3. It should be taken into account that obtaining an extract is a paid service, the cost of which can reach 100-300 rubles.
4. A sold application for obtaining the necessary documentation is processed within a five-day period, after which the information will either be provided or denied with an explanation of the reason.
5. It is also worth considering that the documentation received from the BTI authorities is not legal. It can only act as confirmation attached to the main package of documents.
Lawyer for restoration of land documents in Yekaterinburg
For owners, with the addition of additional living space to the land plot, the package of documentation is also replenished, that is, papers of corresponding value.
If the owner, for example, has lost a land certificate, or another document that is valuable, it is necessary to restore the documentation urgently. Or contact our lawyer for land disputes, who will solve everything professionally and on time.
Additionally, read the useful material on how to register a plot of land as your property, as well as questions regarding the procedure for withdrawing a plot of land for municipal needs contained in this article.
Other recovery methods
Below we will consider options for recovery through the MFC and by filing a claim with a judicial authority.
Contacting the MFC
This method can be used by owners who have registered their real estate in the Russian Register. To check the place of registration of the decree, you must request an extract from the Unified State Register. Information will be contained in one of 3 extracts: on the land, on the transfer of rights, on the applicant’s rights to the plot. To obtain one of these statements, the interested citizen needs to contact the MFC along with his passport.
To receive an extract, you will need to pay a state fee. For individuals - more than 200 rubles, for legal entities - more than 300 rubles.
If the application is submitted in accordance with the form established by law, its consideration will not take more than 5 days. If the information is confirmed, the corresponding column will display information that the plot has been registered and all the owner’s data.
Please contact the MFC with the following package of documentation:
- application for a new certificate;
- Russian passport;
- power of attorney, if a specific person acts on behalf of the owner;
- duty payment receipt.
Re-issuing a cadastral passport for a land plot to a legal citizen will cost 1 thousand rubles, and to an ordinary citizen = 350 rubles. The document will be issued within 10 working days.
Filing a claim with a court
If for some specific reason it was not possible to restore documents through the registry or MFC, this can be done in court. This option can be used by those owners who have registered real estate, but the responsible authorities refuse to receive a duplicate.
Note! If the real estate is not registered as a property, a claim is filed with the judicial authority on the basis of recognition of the right of ownership of the territorial allotment. After a court ruling is made, the site is subject to mandatory registration and subsequent receipt of all supporting evidence.
To defend their interests in court, the owner must perform the following actions:
- File a claim.
- Collect a set of documentation.
- Pay the state fee.
- Send all collected papers to the court and personally attend the meeting.
After the judge decides to recognize the rights to the property, the plaintiff will be given a copy of the document. Here, too, you cannot do without paying state duty. So, the cost for individuals = 2 thousand rubles, and for legal entities = 22 thousand rubles.
Further actions: contact the Rosreestr in order to formalize legal rights to real estate. You must have with you a court order, a receipt for payment of the duty, a personal passport and an application for registration of the territorial allotment.
If you do not have enough personal time to restore the cadastral document, you can do this through a representative. A power of attorney is required for this. Write in it that I trust such and such a person to receive documents, his passport details and other information. But it’s better if it’s a certified lawyer; he won’t have to say anything, since he regularly encounters such situations.
Which copies should be returned?
A person can lose various types of land documents. They allow you to clarify the position of the site, as well as confirm its intended purpose.
Restoration will be required in case of loss:
- extracts from the unified state register of real estate, where the owner is indicated;
- a certificate that confirms land ownership;
- certificates of receipt of real estate by inheritance law;
- a document issued by government authorities on the provision of a plot to a citizen;
- certificates of lifelong ownership of land with the possibility of its inheritance to other persons.
Before restoring documents on the ownership of a land plot, it is necessary to determine the type of lost paper. There are two main categories of documentation: title-certifying and title-establishing.
The title document is the main one. It is considered the source of obtaining title documents. Government agencies require that you obtain this document.
If the above papers are lost, then you can simplify the situation if you have:
- a certified act confirming the fact of ownership of the land plot;
- court decision;
- certificate confirming ownership based on inheritance.
Sample certificate of land ownership
Procedure
If documents are missing or lost, there are a few important steps to keep in mind. First of all, you need to advertise the loss of securities in a local newspaper. The appeal indicates the fact that they were declared invalid.
It is necessary to indicate:
- number of the certificate confirming ownership;
- cadastral number of the land plot;
- the area of the land;
- type of intended purpose;
- actual address of the site;
- location of the allotment with coordinates;
- owner's passport details.
Next, you need to visit state and municipal authorities that can help restore documents. They issue a duplicate of the lost paper, officially certified.
To obtain a copy, you must submit an appropriate application. It reflects the reasons for the appeal and the circumstances of the loss of the title document
. The request for restoration is submitted to the land resources department territorially responsible for the applicant’s plot of land.
Basic documents are attached to the application.
These include:
- a newspaper where an advertisement about the loss and invalidation of the lost is posted;
- copies of land documents that the citizen has in his hands;
- passport details of the applicant;
- copy of TIN;
- a power of attorney drawn up by a notary to represent the interests of a citizen by a third party.
All documents give the right to receive a duplicate. It is issued subject to permission from a government agency.
You need to contact Rosreestr or local authorities. Payment of state duty is required. The amount is determined individually.
When submitting documents, it is necessary to clarify the period for consideration of the application and issuance of a response. When receiving a duplicate, you must have your passport with you.
Sample certificate of inheritance right
