Our company’s lawyers will restore rights to your land plot, including collecting the necessary documents, representing interests in court and making changes to the Unified State Register of Real Estate. We have enough experience to solve even the most complex problems. In addition to drawing up new papers for land, we will protect violated rights (unauthorized occupation of land, unlawful acts, etc.), represent interests in court and carry out other work in this area. It’s easy to enlist the support of our experts - call and tell us about the current situation.
The owner's rights to certain land are confirmed by a certificate, an extract from the Unified State Register of Real Estate and other documents. If such papers are lost or were not issued for some reason, they will have to be restored. To do this, you need to collect available information about ownership and submit an application either to Rosreestr or to the judicial authorities. However, in the first case, the information must already be available in the Unified State Register of Real Estate. They go to court when the registering organization refuses to issue a new certificate.
How is it possible to restore documents for a land plot?
Documents for a land plot are the main ones to confirm ownership. In their absence, it is not possible to formalize a transaction with the allotment. The owner will not be able to even confirm the location of the land and its size.
When lost, significant problems arise associated with the restoration of lost information. Despite all the obstacles, the procedure must be carried out without fail.
It is important to find out how to restore lost documents for a land plot. In case of loss of the certificate of state registration of property rights, you must visit Rosreestr
. A paper may be issued based on other documents. An additional state fee for re-registration is paid.
There may be some problems with some documents. This often happens when papers that were drawn up back in Soviet times are lost. It is necessary to find out where to go in this case and how the restoration procedure works in 2022.
How to restore ownership of a land plot through the court?
Restoration of the right to a land plot in court is carried out when the plot was taken forcibly and with violations, or in other situations provided for by law. Rights will have to be restored in the event of unauthorized seizure of land and subsequent use of it. It doesn’t matter what the basis is in your case, the main thing is that there is a proven violation of the owner’s rights.
The procedure for restoring property rights is carried out sequentially in four stages:
- The person whose rights have been violated collects evidence of unlawful actions;
- A statement of claim is drawn up, the state fee is paid and the claim is filed in court;
- If the petition is drawn up without errors and all documents are submitted, the judge sets the date and time of the hearing in which he will have to participate;
- The court satisfied the claims - an appeal is submitted to Rosreestr to register the restored rights to the land.
Typically, the trial lasts for a year or several years. The minimum period is 3-4 weeks. If you need to register the right after the decision is made, it will take another month.
To file a claim, you will need passport data, title documents for the land, technical papers (cadastral passport, extract on the presence of real estate on the site). In addition to these documents, you must provide evidence of violated rights:
- a certificate from the local municipality confirming the legality of the use of the plot;
- confirmation of the use of the site for its intended purpose (if it is seized for violating it);
- testimony of witnesses and expert opinions proving the satisfactory condition of the site.
Additionally, you can provide confirmation of payment of utility bills or an extract from the tax office, where all payments for land taxes are noted.
In a lawsuit, in addition to restoring the violated right, it is necessary to demand compensation for losses caused by illegal actions of authorities or third parties. If during the unauthorized seizure the characteristics of the soil were damaged, it is necessary to demand that the defendant restore them at his own expense. A qualified lawyer will help you draft the application correctly.
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
Why is it necessary?
Certificate of ownership of a land plot is a document certifying ownership and confirming the emergence (transfer) of rights to land.
The document is required in various situations, the main one is confirmation of rights to a specific plot. The citizen in whose name the certificate is issued has the right to dispose of the land - sell, lease, bequeath, etc.
Important! The certificate is used when concluding property transactions, drawing up wills, and when heirs enter into ownership rights under the law. If the territory is used by the borrower as collateral, the certificate of ownership will act as a guarantee for the bank.
What does that require
There are a number of papers that, like a certificate, can confirm a citizen’s ownership of a house and land.
These are considered:
- papers on transfer of allotment during inheritance;
- a court decision that has legal force;
- agreement on privatization, purchase of allotment, exchange and donation;
- state-issued acts confirming the legality of land allocation.
If any document is lost or lost after a fire, it is necessary to restore it.
First you need to visit government agencies. Persons who registered real estate after the law on state registration came into force must visit Rosreestr. The authority collected all the information about land plots and their owners
. The extract may indicate that a person has property rights.
extracts from the state real estate cadastre
But in some cases, the authority does not have information about the plots. For example, this is possible if the document for the plot allocated in 2022 is lost
.
In this case, you will have to visit the local government authorities that are in charge of this territory. The institution has a special committee dealing with the land issue
. Data is stored in archives.
The extract is issued on a paid basis. Individuals will have to deposit 100 rubles
. Organizations must pay 300 rubles.
After applying, the citizen must wait five working days. After this, the necessary information will be provided or the information will be refused.
Sample extract from USRN
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
How can I restore my proof of ownership?
If the certificate for a land plot is lost, it can be restored.
If the certificate was registered in Rosreestr and recorded in the Unified State Register, you need to contact Rosreestr. If the document for the land was issued by another authority, you must contact them there.
If it is not known which body issued the certificate, you can order an extract from the Unified State Register from Rosreestr.
Through the court, the document is restored in the following cases:
- the property is registered, but the government agency refuses to issue a duplicate;
- the property has not been registered and the rights to it must be recognized.
For this purpose, it is necessary to draw up a statement of claim, collect documents and pay a fee. If the claim is approved, you must contact Rosreestr with an application, passport and court decision.
If the site was provided under an act of a state body, you should contact the archive for restoration. If the object was registered before 1999, you must contact the BTI.
Additional Information! If the owner of the land plot refuses to restore the certificate, he will not be able to dispose of the land in the future, erect buildings on it, clarify boundaries, etc.
Collecting documentation and obtaining a duplicate
To receive a duplicate, you must submit an application - personally contact Rosreestr or the MFC, use the services of the post office or an authorized representative, or order online on the Government Services Portal.
There is no need to pay for the service. A duplicate is issued within 27 days. When submitting an electronic request, the applicant must have an electronic signature. The application and other documents must be certified.
When contacting the owner of the allotment in person, the procedure for providing the service is as follows:
The identity of the applying citizen is established and credentials are checked.- The application is being accepted. At the request of the applicant, the employee fills it out himself.
- The list of documentation and its copies are checked.
- The document is checked for compliance with legal requirements.
- A receipt confirming receipt of the application is issued.
- A record of the receipt of documents is made.
The procedure takes up to 15 minutes.
The application and documents are submitted to the Archives for consideration. If the decision is positive, a duplicate is issued.
The documents you will need are:
- passport;
- power of attorney (if necessary);
- copies of certificates certifying rights (notarial request, will, purchase and sale agreement, etc.).
Only the passport is returned to the applicant.
Difficulties in recovery
If Rosreestr does not have information about the certificate, you must contact the local government authorities. They have committees on land issues - data on owners and plots is stored in the archive.
Restoration of the document may be refused. Causes:
- providing an incomplete list of papers;
- loss of validity of the presented documents;
- the applicant lacks authority to order the service.
Important! The refusal can be appealed in court.
Rules on how to restore documents for a land plot
Document recovery may be required in various situations. Sometimes parents did not privatize a plot of land in a village or SNT, so the children have to deal with these issues after their death.
In some cases, documents are simply lost. You can confirm ownership by restoring lost papers
. There are several ways to do this.
If the site was registered with Rosreestr, you need to contact this authority. It is also possible to visit other institutions that have the right to issue papers.
Restoration is often carried out through the courts. This is provided in the absence of documents for the allotment earlier.
In Rosreestr |
|
Through the court | If there are obstacles in restoring documents through government agencies, you can go to court. This is provided for in case of illegal refusal to issue a duplicate certificate . Then the claim allows you to protest the official’s decision.
To protect your interests in court, you must:
After this, you can apply for a certificate of state registration of property rights.
You can register ownership if you have a certain package of documents. It includes:
|
Sample TIN of a citizen of the Russian Federation
The procedure for restoring rights to a land plot
- Information about ownership is available in the Unified State Register, which means you should apply to Rosreestr.
- To understand which authority issued the certificate and whether the information is available, make a request to receive an extract about the land from the unified register.
- In addition to the application, you must submit preserved papers, tax certificates, identification cards and other evidence of registered rights.
- A receipt for payment of the state fee is attached to the documentation package.
- Extracts are issued within five days, and it will take up to ten days to receive a duplicate certificate.
Features about some papers
If documents were received in the 70s, it may be difficult to restore them. But it is more difficult to obtain duplicates for papers issued from 2022 to 2022.
During this period, blue certificates were issued by local authorities. It is necessary to contact the municipality that carried out the registration. After sending the application, a certified copy is issued.
Next, it’s worth visiting the administration archive. The copy makes it possible to confirm the fact that the allotment has been allocated to the citizen. The paper is the basis for registration actions.
Pink certificates issued in the period 1993–1998 can be restored at Rosnedvizhimost. It is necessary to fill out an application addressed to the manager
. A duplicate is issued within a month.
Documents received after 2022 are processed by the Federal State Registration Service. After paying the state fee and drawing up an application, a month later the citizen receives a new certificate.
Documents for the land plot must be restored without fail. Otherwise, the owner will not be able to fully dispose of the plot if it becomes necessary to sell it, donate it or make other transactions.
Recovery procedure
Before you can restore documents to your home, you need to publish a notice in the local newspaper about their loss. In this case, it is necessary to indicate the registration number of the lost document, as well as indicate the area, cadastral plan and address of the location of the house or plot. After the publication of the note, the designated documents will be declared invalid and fraudsters will not be able to use them for their own purposes.
As a rule, documents that have been restored instead of lost ones bear a special “Duplicate” stamp. However, despite this circumstance, they have the same legal force as the originals.
To restore the document, you should contact one of the authorized bodies described above, where you need to write a personal application requesting the issuance of a duplicate certificate or act. The application must indicate when and under what circumstances the original document was lost, and an issue of a newspaper with the published advertisement must also be attached to the document. Based on the request, permission will be issued to make duplicates of the lost document.
With the received permit, you need to contact the local government authorities to obtain details for paying the state fee. The amount of the duty is regulated in each situation separately. The payment receipt must be kept and submitted to the authorized authorities. Duplicates of documents will be available within the time limits specified by authorized employees.
It is very easy to restore documents for a land plot, just as it is to restore documents for an apartment, if all the documentation was completed properly, in accordance with the current legislation of the Russian Federation. If outdated documents are lost, you must obtain a new certificate of ownership after they are restored.
To learn more about restoring documents for a plot or house, ask questions in the comments to the article
how to restore land documents
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, 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 “certifying rights”
. For this reason, it is now customary to divide all land documentation into only two types.
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.
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.
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 contract document confirming the purchase or sale of a house, the registration of which occurred before July, 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 2022, you must immediately contact the registration service office, where an application for issuing 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 with the presentation of 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 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.
List of documents for the house and procedures in case of their loss
- New sample certificate issued by the Unified State Register, — Rosreestr department. You need to have your passport and a handwritten statement about the loss of the document with you.
- Certificate for an outdated land plot (issued before 1993) – registration chamber. A document of a new sample is issued on the basis of documents that provide the basis for ownership: a gift agreement, a purchase and sale agreement, a certificate of inheritance, etc.
- Certificate of ownership and documents confirming ownership (sale and purchase agreement, gift, inheritance, etc.). It is necessary to obtain duplicates of title documents from the city data archive or from the notary who prepared the indicated documents. Based on the documents received, the registration chamber issues a new certificate of land ownership.
- Social tenancy agreement – Federal Administration. Such an agreement is always drawn up in two copies (for the tenant and the lessor), and therefore there should be no problems in obtaining a duplicate.
- Additionally
Here you will find out why you need and where to order a cadastral passport for a real estate property (land plot, buildings, premises).
Cadastral plan and site passport – Cadastre and Cartography Department. All information about lost documents is stored in authorized bodies, so the owner can easily obtain duplicates. If problems arise with obtaining duplicates, the site may need to be re-surveyed.
If all the documents that confirmed ownership of the plot are lost, and their duplicates are not stored in archives and authorized organizations, the legal owner can be established in court with the help of a good lawyer, testimony and other indirect evidence of the use of the land and the incurrence of expenses for its maintenance .
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 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.
How to restore documents on a site: procedure
So that the restoration of documents for the site does not seem so difficult and burdensome, it is necessary to do everything gradually and in stages.
1. First, it is advisable to go to the building of one of the local, but popular, newspapers, where you need to submit an application informing about the loss of important documentation. The statement must indicate the fact that the lost papers are no longer valid, as well as:
- serial number of the document on the right of real estate;
- cadastral type plot number;
- total land area and purpose of its use;
- address and location of the site;
- passport details of the copyright holder.
2. Next, you should go to state legal authorities specializing in land-related issues with a request for help in restoring documents
.
The powers of these bodies include replacing the original document with a duplicate
. The application must contain information about the reasons and accompanying circumstances that accompanied the process of disappearance. The application must also be accompanied by:
- publication of a newspaper containing an announcement about lost papers;
— copies of existing documentation, previously certified by a notary;
— passport data;
- a copy of the certificate proving the fact of payment of taxes. This copy must also be previously certified by a notary;
— in case of representation of personal interests by a third party, a copy of the power of attorney, also certified by a lawyer, is required.
3. A duplicate is issued by government authorities after providing all the required documentation.
4. The package of documentation and permission issued in writing must be contacted by Rosreestr or local authorities.
5. It is important to first pay the state-established fee, the amount of which depends on the type of application.
6. When submitting a package of documentation to the appropriate structure, it is recommended to immediately clarify the deadlines for issuing papers.
7. When receiving a duplicate, be sure to have your passport with you
. If a third party receives a duplicate, a pre-certified power of attorney must be provided.
How to get a?
Because Currently, certificates are not issued, then an application must be submitted to receive an extract from the Unified State Register of Real Estate. To obtain it, you must contact the Rosreestr branch at the location of the land plot.
Procedure:
- Submitting a request and documents to Rosreestr or MFC. Submitted in person, in the form of an electronic application or through the State Services portal.
- Payment of the state fee.
- Waiting for the request to be processed.
- Receipt of the finished document.
Issued to individuals and legal entities.
Who issues the extract?
There are several ways to obtain an extract - a personal visit to Rosreestr or the Multifunctional Center , contact via mail, online registration.
When visiting one of the services in person, you must fill out an application and attach the required documents.
During the application, the applicant must indicate the cadastral number of the land. When ordering via mail, a citizen sends a registered letter with notification of its receipt.
You can also order an extract online – through the State Services website . Before submitting an application, you must register on the site and create a personal account.
Fill out the application in the appropriate section. After submitting your request, you will receive an email notification about the status of the document. You can pick up the extract at the Rosreestr branch.
Important! If the document will be collected by the applicant’s authorized representative, this fact should be indicated in the request sent.
Required papers and fees
To receive it, you must prepare an application for the service, as well as attach a passport and a receipt for payment for Rosreestr services.
If a document is obtained during the re-registration of rights, and an extract is issued at the end of the procedure, the package is supplemented with a set of documents necessary during the registration of the transaction (for example, a purchase and sale agreement).
The application will not be considered without paying the state fee. Its size depends on the form of provision and the volume of requested data.
For a paper version of the extract, you will have to pay 400 rubles for individuals and 1100 for legal entities (without indicating the coordinates of the boundaries of the site). If coordinates are required, the amount is different - 750 rubles for individuals and 2200 for legal entities.
For the electronic statement form, the fee is lower: for individuals 250 rubles without indicating coordinates and 300 with indication, for legal entities - 600/700 rubles.
Reference! The issuance of an extract will be refused if the request is drawn up incorrectly; the applicant does not have the authority to submit an application. Rosreestr notifies you in writing of the reason for refusal.
Dates of issue
The time for issuing the document depends on the method of submitting the complete package:
- If you visit Rosreestr in person, the completed document will be issued in 3 days.
- Registration of an extract through the MFC or online will take up to 5 days.
- Electronic registration will take up to 3 days.
- When sending a request by mail, the deadlines increase due to the longer delivery of documents.
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.
The procedure for restoring documents for a land plot
Firstly, the recovery procedure is not so complicated and time-consuming if all steps are performed sequentially:
- First, you should file a claim for lost documents. Such an advertisement can be given in a popular newspaper.
- After which you need to go to the state legal authority that specializes in issues related to land plots and ask for help in restoring the documentation. To submit an application, you must provide a newspaper issue with an announcement of the loss, certified copies of documents remaining in hand, passport data, a copy of a certificate with evidence of payment of taxes.
- After providing the necessary documentation, the owner will be issued a duplicate.
- Next, you should send it to the governing body at your place of residence or to Rosreestr, providing a package of documents and written permission.
- State duty is paid in accordance with the established procedure
- When submitting documents to the appropriate structure, you should clarify the date of issue of the finished document.
- Upon receipt of the completed duplicate, present your passport.
What documents for a land plot can be restored?
To use a land plot for its intended purpose, as well as to clarify the location of the boundaries of a land plot or other manipulations with the land, it is necessary to have title documents, which include:
- Extract from the Unified State Register of Real Estate for the owner's land;
- A certificate confirming your ownership of the land;
- A certificate issued by a notary in case of receiving a land plot by inheritance;
- A document from a government agency on the provision of a land plot to a citizen;
- Certificate of ownership for life with the possibility of transfer by inheritance;
In order to restore documents for a land plot, firstly, you need to understand what type of land documentation we are talking about. After all, there are several categories of documents – title-certifying and title-establishing.
The basis is the title documentation, in the presence of which title documents are issued. State agencies on the land issue first require the collection of all title documents. Next, the provided documentation is checked
.
After which government agencies will require the provision of title documents
. So how to restore land documents?
In case of loss of documents, if one of the listed papers is available, the restoration of documentation is greatly simplified:
- Certified deeds indicating ownership of the land plot.
- A judicial verdict that has force.
- Certificate of transfer of land as inheritance.
Restoration of the violated right to a land plot (Article 60 of the Land Code of the Russian Federation)
According to the law, restoration of the violated right to a land plot occurs when:
- the territory was arbitrarily seized by a neighbor or other person;
- the court invalidated the act of the authorities that violated the right;
- in other cases provided for by federal legislation.
If there is a proven fact of a violated right to a land plot, it is important to choose the right ways to restore it or suppress actions that entail a violation of rights. In practice, these methods are expressed:
- in the suspension of construction, exploration work, mining and other things, if this violates the rights of the landowner;
- in recognizing acts of government authorities as invalid if they do not comply with the law;
- in applying to the judicial authorities with a claim to recover one’s own real estate from someone else’s possession;
- in suspending the execution of acts of authorities that do not comply with the law;
- in filing another statement of claim aimed at stopping illegal actions.
A violated right can also be restored in another way that makes it possible to establish the position of the person that existed before the violation. But often the procedure is carried out through court. It is necessary to obtain confirmation of the violated rights to the land plot, draw up a statement of claim and send it to the authorized judicial body.
Which authorities should I contact to restore land documents?
To prevent the resolution of land disputes that may arise due to lack of documents, you should contact the following authorities;
- state archive - when providing a plot of land according to an act of a state body;
- to the Bureau of Technical Inventory, if the object was registered before 2022;
- to the Rosreestr authorities, in case of registration after 2022 and to the present; to the judicial authorities - in the case when it is not possible to restore the documents administratively, the owner goes to court to recognize his right to the land plot and, in the case of a positive decision, this act will be the document establishing the title.
Features of restoration of land rights
Full restoration of rights to a land plot is a complex process that requires special knowledge and experience. Inaccurate information or an incorrect application, and the risk of refusal increases. It is worth considering the reason for the violation of rights. If the local municipality has issued a resolution to seize the plot of land, which is illegal, you will have to immediately go to court.
In some cases, it is necessary to submit an advertisement in the local newspaper with information about lost documents. A copy of the newspaper is attached to the application to Rosreestr. Our lawyers will successfully cope with any difficulties that arise in the process of communicating with government agencies. We are also guaranteed to defend your interests in court.
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.