How to register land ownership if there are no documents for the land plot: step-by-step instructions, as well as what you can do without and what papers are needed

The use by a citizen of a plot that does not legally belong to him is fraught with consequences.
The lack of title documents for a land plot is not an obstacle to registering it as property.

If the legal relationship is not properly legalized, the property can be seized at any time for other needs or sold to other buyers.

How to resolve the issue if certain documentation is missing? What can you do without, and what should be a must? We'll discuss it in the article.

Mandatory requirements

If a person plans to dispose of a land plot taking into account personal plans, it is necessary, in accordance with the requirements of the law, to go through the property registration procedure. In this case, the basis on which the property came into the possession of the citizen does not matter. These may include the fact of donation, purchase, inheritance.

In any case, it is necessary to legally confirm the ownership of the site.

To register ownership of real estate, a citizen is required to prepare a set of documents:

Passport.
A receipt confirming payment of the state duty.
A document indicating that the plot of land was transferred on the terms of lifelong ownership.
An extract from the business book, which is requested from the local administration.
A certificate issued by a local government body certifying the fact of land acquisition.
Other documents proving the ownership of the plot to one person or another (donation agreement, purchase and sale agreement, certificate of inheritance).
A statement detailing the purpose of registering the property.

What can you do without?

It is possible to legitimize rights to a land plot in the presence of a minimum set of documentation only if the applicant is the owner of a house located on this plot.

In such a situation, it will be sufficient to provide the following documentation:

Passport.
Certificate of state registration of ownership of the house.

Recovery

Documentation that has been lost or damaged or has lost its appearance requires restoration. Having lost important documents, before contacting the relevant authorities to obtain new ones, you must visit local print media, where they publish an announcement about the invalidity of the lost documents.

The text part should indicate the details indicated in the original document. These include registration number, date of issue, owner details, parameters of the land plot.

Important! Placing information in the media - informing citizens that a previously issued extract is invalid after loss.

When submitting an application to Rosreestr with a request to issue a duplicate, you must also attach:

A copy of the printed publication containing information about the loss.
The applicant's passport, his TIN.
Papers that directly or indirectly indicate the authority of the applicant.
A receipt confirming payment of the required amount of state duty.

The application form describes the situation and the reasons for what happened. Having accepted the application, the registrar will inform about the date when the person will be able to pick up the restored document.

Finding a summer cottage plot on land that is not registered as property

The exploitation of plots for dacha farming that are not registered as property can be carried out on the basis of the following types of rights:

Lifetime ownership right;
Right of unlimited use;
Lease right from the municipality;
Right of free use.

In all of the above cases, the lands of the dacha plot are owned by the state (municipal body). Citizens using dacha plots on these grounds have the right to register ownership of these plots if they were received before October 2001, in accordance with Part 4 of Art. 7 of Law No. 93 (“dacha amnesty”).

The law on “dacha amnesty” provides for a number of simplifications in the procedure for registering ownership rights to dacha plots by citizens, in particular:

Reducing the state duty to 100 rubles;
Elimination of the need to carry out boundary work at your own expense;
Simplified procedure for submitting documents.

Legislative regulation of the provision of summer cottages into the personal possession of citizen land users is also carried out by paragraph 2.7 of Art. 3 of Law No. 137 “On the Introduction of the Land Code”, which defines the following mandatory conditions for free registration of land plots as property:

The land was provided to the dacha cooperative until October 2001;
The dacha plot, subject to registration as property, was distributed in favor of a member of the cooperative by decision of the general meeting;
The plot is not withdrawn from land circulation and is unlimited in it.

It is important to remember that the date of commencement of use of the dacha plot by a person who is a member of the cooperative does not matter; only the date of distribution of the land in favor of this cooperative from among the municipal lands is important.

The process of registering a land plot if there are no certain papers

It is allowed to legalize the right of ownership of land even if some documents are missing. The only condition is that the house built on the site must be owned by the applicant.

Step-by-step instruction

The step-by-step process for registering property rights is as follows:

Fill out an application and, taking the available documentation, including an extract from the cadastral plan, go to the territorial service for land management issues. The application should indicate:
- date and details of the person who received the real estate;
exact address of the location of land ownership, cadastral and technical parameters of the site;
information regarding the responsible maintenance of the property, including taxes due;
availability of capital construction projects;
land use options.

At the end of the appeal, you should express a request to legalize ownership of the site - to issue a title deed.

The commission checks whether the site is vacant, analyzes the grounds and possibility of transferring real estate to the applicant. As a result of the inspection, the plot is transferred into the ownership of the applicant, free of charge or with payment of the appropriate amount.
By signing the proposed agreement, proceed to the registration stage. At this stage, the potential owner submits an application to Rosreestr, where he provides:
a decision indicating that the specified plot is transferred free of charge or with payment of the required amount;
cadastral passport of the object;
document confirming payment of state duty.

Reference! The registration procedure takes place within a week. As a result, the applicant receives an extract from the registration of the transfer of ownership of the specified property.

The property is registered, but there is no cadastral passport

To comply with the requirements of the law and obtain the missing document you must:

Contact the MFC or Rosreestr and submit an application for the issuance of cadastral documentation.
The application indicates the exact address of the location of the site and provides a receipt for payment of the state duty (for individuals - 200 rubles, companies pay 600 rubles).
Receive a receipt that the documents have been accepted for processing. Once the application has been registered, the cadastral passport will be issued within 5 days.

If land ownership is not registered in the state cadastre, the registration process includes the following steps:

Contact the specialists of a geodetic company and order a topographic survey of the property.
Conclude an agreement with land managers and establish land boundaries. Based on the survey results, receive an extract within 45 days after submitting the application.
Submit the prepared papers to the MFC or the Cadastral Chamber and receive a cadastral passport.

Search for the real owner of the land plot

to obtain reliable information about whether the plot is owned by another person in the following ways:

By taking your passport and paying the state fee, obtain the document from the state registration service.
You can order an extract from the Unified State Register, including from the official website of Rosreestr.
If the plot is owned by a legal entity, you can obtain the data from the Tax Police of the Russian Federation.
With a passport and its photocopy, taking a receipt for payment of the state duty, use the services of the MFC.
Request information from the administration. If it becomes known that the site does not have an owner, then the owner is the municipality.

Important! To obtain detailed information about the plot, you need to know the exact address of the plot or its cadastral number.

Simplified registration procedure

Such a mechanism can only be used in relation to constructed objects or those that are still under construction. The simplified method of registering real estate has been used since 2006 and is currently proposed to be extended until March 1, 2022.

The so-called “dacha amnesty” is essentially just a deferment and is provided so that a person can put his documents in order. However, this approach does not provide for the need to obtain additional permits and notifications.

A land plot can be registered as a property according to a simplified scheme if the plot belongs to the following categories:

lands were received on the terms of lifelong inheritable ownership;
the plot was provided for the construction of a private house;
plots for household farming;
the property is allocated for the construction of a garage;
land holdings are suitable for gardening and horticulture.

Plots that fall under the terms of the “dacha amnesty” can be registered as property if you have a cadastral passport and a certificate of ownership.

Official website of the Supreme Court of the Russian Federation

A very useful explanation for many summer residents and gardeners was made by the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation. The dispute, which was studied by the high court, concerned a very painful and difficult issue - registration of inheritance for dacha acres. Moreover, we are talking about those land plots that are considered “old”, received many years ago, and which have a problem with the documents.

The essence of the problem is as follows. In our country there is a huge number of land plots, which during the Soviet Union were used by factories, mills and other various enterprises and organizations for their employees. For some of these areas there are either no documents at all, or the yellowed pieces of paper are long ago and hopelessly outdated.

Many enterprises that allocated acres to their employees for vegetable gardens have long ceased to exist. Their archives were also destroyed.

Of course, no one is expelling citizens from such plots, but people cannot do anything with such acres - neither sell, nor donate, nor bequeath. Moreover, if, according to urban planning plans, hundreds of acres are transferred to the local authorities for new facilities, they buy the land only from those who have legal acres.

The lack of required documents for the owners of such acres constantly gives rise to problems. The main thing is how to register ownership of such a plot.

Our story began in the Leningrad region, where a certain citizen received in 1991 from the executive committee of the village council of people's deputies of the Priozersky district a plot of 6 acres for a vegetable garden. The land was provided without the right to erect any buildings.

In 2015, the owner of six acres died. But a year before this, the gardener bequeathed all his property to his daughter. When the heiress came to the notary, he refused to formalize inheritance rights to the land. The reason is the lack of title documents. Then the heiress went to court. She filed a lawsuit against the administration of the Priozersky district municipality for recognition of ownership of the land plot “by inheritance.”

But the heiress was unlucky in court. The Priozersky City Court of the Leningrad Region rejected her claim. The woman disputed the refusal. But she was unlucky again - the Leningrad Regional Court agreed with the first instance.

The local courts unanimously decided that the plot was provided to the plaintiff's father for temporary use, and the right of permanent perpetual use or lifelong inheritable possession did not arise for the testator. The courts concluded that there are no grounds for recognizing a citizen’s right of ownership by inheritance to the disputed land plot.

In the absence of information about the right to a plot, it is considered to be provided on the basis of ownership

The heiress had to move on. And she appealed to the Supreme Court. There they carefully studied the materials of the dispute and agreed with the applicant’s arguments.

The Supreme Court of the Russian Federation noted that the decision of the executive committee to provide the site does not contain any information about the type of right under which it was granted. At the same time, paragraph 1 of clause 9.1 of Article 3 of the law on the entry into force of the Land Code says the following: if the land was provided before October 25, 2001 for vegetable gardening or horticulture on the right of lifelong inheritable possession or permanent (perpetual) use, you can register ownership of it .

The exception is cases when, in accordance with federal law, such a plot cannot be provided as private property. This means, the Supreme Court noted, in order to properly resolve the dispute, the local court should have established whether or not there were restrictions provided for by federal law for the provision of land into private ownership.

But the city court did not ask this question. And since this was not done, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation overturned all decisions of the lower courts. The Supreme Court sent the case about the dispute over six hundred square meters for a new trial to the court of first instance.

Experts believe that we have many decisions similar to those adopted by the Priozersk City Court. Therefore, the Supreme Court's clarification is especially important. After all, with such decisions, local courts violate the substantive law and come to the erroneous conclusion: since the plot was in temporary use, the testator did not have ownership rights to it.

The Supreme Court especially for such cases emphasized: in the absence of information about the right under which a citizen owns a plot and a ban on granting it to private ownership, the disputed land plot should be considered provided to the person on the right of ownership.
Text: Natalia Kozlova

Failure cases and solution

A person’s application to register ownership of a plot of land may be rejected for a number of reasons:

Large administrative, industrial and military facilities are located close to the land plot.
The lands are part of the territory of natural parks, are located or are a protected area.
The allotment is planned for the implementation of the state program.
The object is owned by an individual or organization.

The registration process takes one week . After the registration procedure, the applicant receives an extract on registration of the transfer of ownership rights.

Attention! In case of refusal, the user of the land plot has the right to challenge such a decision by filing a claim in court. If the justice authority makes a positive verdict, the person will be able to register ownership rights to the property in Rosreestr.