For the state and its citizens, land is of particular value, therefore all transactions with it, especially sales and purchases, are strictly regulated by law.
Land plots are divided by status, type and purpose, and by law, all information about them is necessarily collected in the Unified State Register of Real Estate (USRN).
However, it happens that a land plot is not registered in the register; this usually concerns previously registered land plots, which can be classified as a special category of property.
Previously registered land plot - what does this status mean, how is it registered as the property of citizens? Find answers to your questions in the article.
What does this mean?
Federal Law No. 221 “On Cadastral Activities,” which regulates the accounting and registration of real estate, came into force on July 24, 2007.
And starting from 2021, all information about citizens’ real estate is collected in a single register (USRN) of the Federal State Cadastre and Cartography Service (USRN).
Before this, there was no uniform cadastral registration procedure. Capital construction projects were taken into account by the BTI, and lands by the authorities.
All plots that were registered from 2007 to 2015 in two registers - cadastral and real estate rights - received the status of registered. These objects were subject to cadastral registration, that is, they went through the procedures of surveying, establishing boundaries, assigning a cadastral number, as well as registration of ownership or lease.
All real estate objects registered before July 24, 2007 with the assignment of conditional numbers, in accordance with the Federal Law “On State Registration of Rights to Real Estate and Transactions with It,” received the status of previously registered.
The same applies to lands with current property rights, which for some reason are not included in the register .
Federal Law No. 218 “On State Registration of Real Estate” dated July 13, 2015 eliminates the need for double registration of real estate. To collect information, the Unified State Real Estate Register (USRN) has now been created.
Previously registered areas are mainly registered according to a simplified scheme, that is:
- The owner of the property submits the application himself.
- Provides documents confirming the right to the plot, which were received before October 20, 2001.
- The land surveying procedure is not considered mandatory.
- There is no requirement to obtain acts from local authorities stating that the land plot has been granted ownership. The Rosreestr branch where the application for registration is submitted must independently request these documents from local authorities.
You can prove your legal right to land and minimize the risk of fraudulent actions only if you have official registration in the Unified State Register.
The lack of precise boundaries and records of the location of the land sooner or later causes problems with neighbors and sometimes leads to litigation.
Particularly many difficulties arise when you want to transfer or obtain rights to this land:
- when donating,
- sale,
- inheritance.
It is impossible to issue any official document without registering an object.
In areas that have not undergone the survey procedure, cadastral work will be required , since such an object is registered without boundaries, and accordingly its area is indicated inaccurately (declared area). The boundary plan is submitted to the registration authority in order to record accurate information about the boundaries.
What problems may arise in practice?
At first glance, it seems that the situation is extremely simple. But in practice some difficulties may arise. First of all, this is due to the fact that citizens may have plots of land that were legally issued to them, but the procedure was different each time.
The documents on the basis of which a person could prove his right also changed. Previously it was a certificate, even earlier it was an administration decree on the allocation. Now everything is even more simplified - the data is in the Rosreestr database, if necessary, you can issue an extract, which will contain all the required information.
The main problem possible in practice is the person’s lack of documents. In some cases, they can be restored by contacting the archive; if not, then you will need to prove your ownership in court.
When conducting a transaction to transfer ownership, it is not necessary to enter specified information into the database in advance. They will be adjusted when carrying out a sale or purchase or, for example, a donation.
How can I find out the status of the memory?
It is important for the owner to know exactly whether the previously registered land plot is included in the Unified State Register of Real Estate. After all, registration authorities can enter it even without notifying the owner.
To find out the status of a land plot, you must use the official Rosreestr portal:
- Public cadastral map at the link. This site contains information about all areas included in the State Property Committee. If the cadastral number of the plot is known, then find out the location, territory where it is located. Here you can find the nearest branch of Rosreestr. The service is free.
- Online service with reference information on real estate objects at the link. The response will be received as a file.
In practice, the only information about previously registered land is the full name of the owner. Therefore, it is better to come to the MFC or the local branch of Rosreestr with a passport and original documents for the site.
The specialist will check the cadastral number and, if available, will accept a written application for an extract from the Real Estate Cadastre. It takes 15 days.
Possible problems
Why can it be necessary to register an allotment? In addition to the mistakes that the applicant himself makes, situations are identified in which the property itself does not allow the preparation of cadastral documents and the carrying out of engineering work.
Problems arise in cases where the boundaries of plots intersect with each other, while none of the plots are included in the register. Also, plots that overlap the boundaries of municipal plots remain unsuitable for carrying out the procedure under consideration, which also creates problems for plot owners.
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When do you need to apply?
Any previously registered objects, including a land plot, require inclusion in the register only if there is no information about these objects. Usually they do not have passports or statements, since they are not included in the State Register, although Art. 45 of the Cadastre Law prescribes the mandatory nature of this procedure.
The cadastral passport contains complete information about the site. To obtain this document, it is necessary to register the site, that is, enter it into the State Register.
This will allow:
- carry out any operations with this area;
- exclude the possibility of any illegal actions with this land;
- ensure interaction between all authorities and organizations providing services, since all information is collected in one place;
- Make the life of property owners easier because they don’t have to spend a lot of time collecting documents and visiting institutions.
Previously registered lands may be removed from the cadastral register without the knowledge of its owner. This is usually done for the following reasons:
- After the division of the plot, ownership of the newly formed parts of the land was not formalized.
- The land has a special, “temporary” status. This means that the plot was registered before 01/01/2017, but ownership of it was not registered until the expiration of its temporary status. Such objects must be entered before 03/01/2022.
- The land was inherited and no record was made of the owner of the “old” plot in the Unified State Register of Real Estate, or the land was for some reason removed from the cadastral register.
Before starting the deregistration procedure, the Cadastral Chamber sends a notification to the owner to his email or home address, which indicates the possible consequences if the owner does not take the necessary steps. Usually he is given a period of up to 6 months to register ownership.
If the site has already been deregistered at the time of filing the application, the case will be considered by the court. A plot deregistered receives the status of undemarcated (free).
What is the status of a land plot
The assignment of a cadastral number to land ownership indicates that the plot of land is registered in the cadastral register.
Land ownership may be in the status of:
- previously taken into account;
- taken into account;
- temporary;
- canceled;
- archival.
A change in the status of this entry may occur taking into account certain activities that give rise to legal consequences that have been committed in relation to the allotment or are planned to be committed.
Thus, the status indicates the possibility of carrying out any actions with a specific piece of land.
The procedure for registering ownership of citizens
The entry of a previously registered land plot into the register is carried out at the request of any interested parties.
You must first make sure that the Unified State Register of Real Estate does not actually contain information about the site. Entering information is possible in two ways:
- An application is submitted with a request to include the object in the Unified State Register, written in a form approved for cadastral registration or state registration.
- A request is submitted to obtain information about a previously registered object.
An application or request can be submitted to the nearest MFC branch or electronically via the Internet. On the State Register website you need to find the “Electronic Services” section and leave your application supported by an electronic signature using the link.
In order to enter data about a previously registered object, in accordance with clause 9 of Art. 3 Federal Law No. 137 “On the implementation of the Land Code of the Russian Federation”, you will need:
- documents establishing or confirming ownership;
- documents on a previously registered plot that are already available to the registration authority;
- application from the citizen who owns the land.
Registration of ownership of previously registered lands is carried out upon the application of the copyright holder or his authorized representative upon provision of title documentation, as well as a receipt for payment of the duty.
The basis for including data in the unified register may be one of the following documents:
- certificate of ownership, right of lifelong inheritable possession, perpetual use;
- act of a local authority on land ownership;
- decision of a government agency to provide a plot of land to a specific person;
- extract from the household ledger;
- rental agreement valid at the time of application;
- documents confirming previously carried out state registration or registration of property rights, provided to the Cadastral Chamber from the relevant authorities at its request.
Information about real estate objects is entered into the State Register free of charge. After a citizen’s appeal, the Cadastral Chamber is obliged to include all information and documents in the cadastre no later than 5 days. When applying through the MFC, this period is extended to 9 days.
An extract from the Unified State Register will be issued 5 days after entry . This is stated in Parts 5, 7 of Art. 69 of the Registration Law. Consequently, the entire procedure takes 10-15 days from the date of submission of the application or request.
The applicant receives an extract from the Unified State Register in person or by email. Inside the document, the new status of the site is indicated - taken into account. It is he who allows full management of the site. If land surveying was not carried out, then the land plot receives the status “registered without boundaries.”
Cons and pros
Despite the fact that previously registered plots create problems for owners, the advantages of this regime are also identified. For example, a person does not need to undergo additional procedures for registering a plot of land, which saves time and money. It is enough to carry out land surveying, and all documents will be completed.
However, in addition to this plus, there is also a minus, namely the unreliability of the information contained in the cadastre. Over time, information about the site may change, which will require the owner to contact the cadastre, and this involves spending a lot of time.
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When and how is additional information about lands submitted?
If you change any parameters of the site, you must update the cadastral passport. Additional information is provided depending on what change takes place. Each case is individual, so first you need to get advice from a lawyer, BTI specialist or Rosreestr.
Additional information usually concerns:
- area of the site;
- its address or location;
- cost;
- category or type of permitted use;
- change of ownership or restriction of the owner’s rights;
- landscape of the site: appearance, disappearance of natural or other objects.
Documents are accepted by the local branch of the MFC or the Cadastral Chamber. You can appear in person, send documents online or by mail. Only the owner or his authorized representative can apply.
What to provide:
- statement;
- passport;
- ownership documents;
- a document containing information about the change.
State duty is not paid. The period for making changes is no more than 18 calendar days, when applying to the MFC - 21 days.
The applicant receives the documents in person . Usually this is an extract from the Cadastral passport with amendments.
How to make a land survey
The execution of boundary work falls within the competence of cadastral engineers - specialists who have passed a qualification exam, which gives the right to engage in this type of activity. As a rule, the work of cadastral engineers occurs with the help of specialized organizations that facilitate geodesy in the territory.
To carry out land surveying work, contact the appropriate organization that carries out such activities.
Write an application and attach to it a set of necessary documents, consisting of:
- documents of title to the plot (various contracts, certificates of inheritance, etc.);
- technical documents (cadastral passport, certificate received from the BTI confirming the absence of buildings on this site, etc.);
- your general passport, but if you represent the interests of a legal entity, you will need constituent documents.
Find out the full list of documentation from the cadastral engineer when contacting the appropriate organization.
The process of land management work will not take much time. As a rule, cadastral engineers carry out such procedures within 10 – 14 days. At the same time, do not forget that at least a month before the start of the event, you must notify the owners of neighboring plots about this. Therefore, the land survey will be completed in approximately one and a half months (if everything is done correctly and the Rosreestr body does not return the documents for corrections).
What else should you pay attention to?
When carrying out any operations with previously registered lands, it is necessary to pay attention to some points that make their handling difficult or impossible. This is especially important for those who decide to purchase such a plot.
Previously registered land plots can be divided into two types:
Areas that do not have established boundaries on the ground.
That is, according to the law, they do not have all the properties of a land plot - border points, coordinates of these points. Such plots as property have limited properties: they cannot be divided, separated from agricultural land, or other cadastral work carried out.- Lands, the location of which was established with reference to the borders of populated areas, according to a conventional coordinate system that does not correspond to the currently accepted system. For some reason, this information was not entered into the State Land Register; the coordinates were not transferred to the modern system, although they were entered into the state fund. This also causes problems during registration and alienation of the site.
When submitting documents, it is necessary to take into account some nuances, failure to comply with which may lead to refusal. It is important to make sure that the collected documents fully comply with the requirements of the legislation of the Russian Federation and were valid at the place of issue at the time of their issuance.
The applicant will be refused if, at the request of the cadastral service, no response is received from the state or local government body, BTI . This is considered as the absence of the necessary document or information.
In addition, the submitted documents may not contain information that allows the site to be considered previously registered, as well as information about the area or the main characteristics of the site.
Setting boundaries (clarification)
The updated legislation regarding the issue of land registration provides for the need for land surveying, that is, establishing or clarifying the boundaries of the allotment.
This is required to fully reflect information about each plot transferred into the possession of citizens. Accordingly, those plots that were not the object of land surveying should be subject to such a procedure.
Why is it important? If the boundaries of a land plot are not established, there is a risk of illegal seizure of the territory and use of the site by persons who do not have rights to it. In addition, incorrectly marked boundaries may result in incorrect calculations when billing for an allotment.
Remember! To determine the boundaries of the site, it will be necessary to carry out cadastral work, namely land surveying. The exact coordinates of the site are determined using land documents. If there are none, then the limits of the territory to which this or that artificial object was assigned are conditionally established.
In this case, the period of such consolidation should not be less than fifteen years. It is these objects that will approximately determine the boundaries of the allotment.
Accordingly, clarification of the boundaries of the plot will take place in the case when the cadastre does not contain information about the points and coordinates of the object, or when the information was provided with low accuracy, or the boundaries of one plot intersect the boundaries of another, which is not allowed in the matter of land use.
