The concept and features of land ownership rights

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182296

2021-03-13

The owner of a land plot can transfer the plot by inheritance, rent it, or sell it, but this is possible if there are certificates confirming registration. The material presented will tell you how to register land ownership, which authorities to contact, and which papers to prepare.

The legislative framework of the Russian Federation does not stand still, it is developing, offering citizens favorable conditions for the use of property. Land plots that became property before 2001 were registered in the same order; starting from 2001, the procedure has changed in nature, and now there are innovations in place, which everyone is recommended to familiarize themselves with.

Registration of land ownership in 2021 is simplified. In this order you can register:

1. A plot for which ownership was obtained before 2001.
2. A plot with a residential property (if the land was acquired before 1990).
3. Land intended for gardening, on which houses are built without permission for construction work.

A simplified registration procedure is provided for garden communities and cooperatives. If the subject has owned the land plot for a long time, there are entries in the business accounting book, documents confirming the ownership of the old model, the procedure for registering a plot of land as a property is simplified.

Step-by-step instruction

In order to operate the plot, the owner of the land must undergo a registration procedure within the framework of the law. If this is not done, the rights to use and act will be limited, and transactions will be declared illegal.

Step-by-step instructions for registering land ownership in 2021 will help you do everything correctly, in the right sequence. Subject actions:

1. Collection of documents.
2. Contact Rosreestr.
3. Submitting an application.
4. Extract from the Unified State Register of Real Estate

You can submit an appeal not only to Rosreestr, but also to the MFC. The application is considered within two weeks from the date of receipt.

This is the procedure if the land has established boundaries. If not, you need to invite a specialist to carry out land surveying. If deadlines are tight, use the service for free, but you have to wait. If you want to resolve the issue in a short time, you will have to pay. A land survey plan is needed to draw up a boundary act, which can be found in a certificate from the Unified State Register of Real Estate .

To carry out various types of manipulations with the land, the site must be registered. This is done in the Cadastral Chamber or MFC.

The next step is to contact the local settlement administration. Afterwards, you can register ownership.

Standard property registration scheme

1. This is possible if the owner has the necessary documents ready and updating the existing data is not yet required. You must have a passport, confirmation of the right to a land plot (contracts of donation, purchase/sale, lease, documents on the right of inheritance, court decisions, etc.), a cadastral passport of the plot. A receipt confirming that the citizen has paid the state duty is also attached here.
2. The next step is that the owner must write an application to Rosreestr. It includes a request for registration, information about a plot of land of a cadastral and boundary nature, and passport data of an individual.
3. Rosreestr issues confirmation that the documents have been accepted and reviews them within 7-9 days. If there are no discrepancies in the documents (for example, between rights that arose earlier), a corresponding note is made in the Unified State Register of Real Estate.

EGRN is the primary owner of property information

Important! You can also register ownership as private in a multifunctional center. The registration operation here is absolutely identical to that which occurs in Rosreestr, and the data received by these organizations replenishes the unified information bank. In addition to personal contact, citizens can use the services of regular or e-mail.

Upon completion of all aspects related to the registration of property rights, the citizen receives a corresponding certificate of ownership.

Subtleties of registration when buying and selling

Law on registration of land ownership

involves going through the procedure through a notary office. In the presence of a lawyer, the parties agree to carry out the transaction (the consent is expressed in writing).

Afterwards, the buyer applies to the registration authority to secure ownership rights to the plot.

Documents for registration of land ownership:

1. An extract from the Unified State Register of Real Estate showing the cadastral plan.
2. A receipt confirming payment of all expenses (state fees).
3. Contract of sale.
4. Identification document of the applicant.

If the applicant cannot personally contact the registration authority, this right is possessed by a person who has a notarized power of attorney. The authorized subject must have with him a document proving his identity, confirmation of the right to manage personal affairs.

It is recommended to first check with representatives of the registration authority for the list of documentation. The circumstances of the transfer of land rights from one entity to another are different, and depending on them the list of certificates may change.

After receiving the package of documentation, the representative of the registration authority issues a receipt to the applicant. Information about the readiness of the certificate is transmitted over the telephone.

To register property, you can contact the registration authorities in person, submit an application to the microfinance organization, go to the State Services website, and submit the form electronically.

Obtaining permission removes restrictions on the right to dispose of real estate; if there is no permission, the owner’s rights are limited (the asset cannot be sold, leased, inherited, or given).

Attention! Mandatory after registering the right to a land plot, be sure to order an extract from the Unified State Register of Real Estate on the official website: in order to ensure that the data is correct.

What can you do with the land?

The main difference between the right of possession and the right of ownership is that the first concept is somewhat limited compared to the second. In particular, ownership of a plot allows the following actions to be performed with it:

Possession

This refers to the actual ownership of real estate, based on the possibility of physical control over the site. It is this that is the basis for the emergence of two other powers - disposal and use. For legal entities, ownership of a plot also implies its inclusion on their balance sheet.

The assignment of the right to lease a land plot must occur in accordance with the current legislation of the Russian Federation. Our article describes in detail the step-by-step procedure for leasing a plot of land.

In what cases and how is deprivatization of an apartment carried out? Find out about it here.

Privatization of land

Having decided to privatize a plot of land, be prepared for a complex, lengthy process. City residents submit documents to the city administration, district residents to the village council. The decision is made within 14 days from the moment the package is accepted.

If the decision is positive, subsequent actions depend on the situation - the plot is transferred for a fee or free of charge. Paid – purchase and sale agreement, free – by inheritance.

Regardless of the method of receiving the loan, the next step is to contact Rosreestr. At the time of contacting the registration authority, the subject must have the following documents on hand:

1. Identification.
2. Contract of sale.
3. Decision of the state administration.

Additionally, a receipt for payment of the tax fee, an extract from the cadastral plan, and an application requesting to register the land asset are attached. Along with the land, you can register the buildings standing on it; registration of ownership of land and house is simplified.

Important! If the structure standing on the site is the property of the village council, it is recommended not to privatize it, but to issue a buyout.

What does it include?

The document must be drawn up on a unified form and include a standard list of data.

These include:

• 
  information about the owner of the site;

• land information;
• grounds for the emergence of rights;
• information about the body that carried out the registration;
• date of issue;
• cadastral number;
• purpose of the territory;
• existing encumbrances, etc.

There are no attachments to the certificate.

Transfer of rights under dacha amnesty

The dacha amnesty has a simplified form of registration of ownership of an allotment ( new in the registration of land ownership

). This is a temporary program, the deadlines have been extended until the end of 2021. Experts recommend that anyone who wants to obtain ownership of a real estate asset take advantage of the dacha amnesty.

Category of citizens entitled to take advantage of the dacha amnesty:

1. Persons who have the right to an allotment, which cannot be challenged (indisputable right).
2. The owner of the allotment (the land belongs to the partnership).
3. Persons who have started but not completed registration.

Certificates and papers are submitted to representatives of Rosreestr or MFC. Please note: government officials may require a cadastral passport or land survey plan.

The decision is made within 10-30 days, the procedure is valid until the end of December 2021, at the end of this period the registration is transferred to the standard mode.

If you own the land, you must order an extract from the Unified State Register of Real Estate!

What does the document look like?

The form is approved by the normative act of the local administration. The old document (1992) is blue. Consisted of one page displaying information about the site. Designed by hand.

In 1995, the certificate was replaced - it became pink and consisted of two joined sheets. The document included information about the land and information about the owner of the land plot, his passport details. Existed until 2021.

Next, they began issuing an extract from the Unified State Register of Rights to Real Estate (USRE).
Contains complete information about the allotment:

• cadastral number;
• location;
• square;
• category of land;
• presence (absence) of encumbrances.

A separate section of the extract includes a site plan and its cadastral number. Issued in paper or electronic form. The extract contains information about the owner of the land plot and the grounds for his rights.

Reference! From January 2021, extracts from the Unified State Register are issued. They are legal and carry certain information. The second type can be requested by any citizen. The extract contains the same information as in the certificate.

Includes 3 sections:

• detailed information about the site (address, postal code, area, intended purpose, cadastral number, cost, etc.);
• data on the rights to own and use the land plot (full name of the owner or name of the organization, method of obtaining the right, presence of encumbrances, data on the seizure of the territory for the needs of the state);
• detailed information about the location of the allotment (postal address, land surveying scheme).

The extract is issued in paper and electronic forms - both have legal force. There is no seal on the electronic version; it is replaced by the employee’s electronic digital signature.

Note! The security mark on the certificate is not a mandatory requirement - it does not affect the legal significance of the document.

Existing restrictions

The state has applied a number of restrictions that do not allow specific territories to be registered as property. These include

• territories of cemeteries and parks;
• lands of state reserves and armed forces;
• nuclear power facilities;
• lands withdrawn from circulation.

You can't build a house everywhere

If the plot is inherited

Registration of inherited land costs 0.3% of the price of the plot - this applies to immediate relatives and 0.6% - for other persons. The notary issues a certificate of private ownership. The work of a notary will cost 5 thousand rubles . The declared amount will increase if the right to inheritance has to be defended in court.

It should be remembered that the object is recognized as real estate, and therefore it is necessary to register the allotment. To do this, you need to submit an application for state registration and provide a certificate received from a notary in addition to the standard list of documents. The state duty will be 350 rubles , for shared ownership - 100 rubles . State registration takes place within ten working days. Only after this the heir has the right of ownership to the acquired area.

State registration is one of the last stages

Conclusions and recommendations from legal practitioners

Property rights to land are not limited by the institution of property. Domestic legislation retains echoes of the Soviet era in the form of unlimited use and lifelong ownership of plots. The state is purposefully reducing the number of facilities in this status, but the process is far from complete.

At the same time, parliamentarians are developing the principle of division of powers. The mechanism plays an important economic role, allowing the functions of the owner to be delegated to management structures. The trend in the work of state-owned production complexes is especially clear. The standards are actively used in the defense industry, security sector, and military sector.

VP to ground

Many issues in the VP doctrine are not resolved. The interpretation of the legal nature of the pledge remains ambiguous; theorists have a number of claims to the rules on easements. For a long time, courts had to apply conflicting provisions of land and civil legislation. Problems arose when determining the range of VP subjects, the order of their occurrence and termination. Clarity was brought in 2015 by excluding outdated articles from the Land Code of the Russian Federation.

The Supreme Court of Russia makes a great contribution to the development of this area. In 2021, the highest authority clarified controversial aspects of the application of the rules. The practice has been replenished with important precedents. Analyzing the situation, experts come to conclusions about positive dynamics.

The legal basis for the direction has been formed, and key mechanisms have been integrated into the legal system. The task of legislative and executive bodies is to develop practice. Ordinary participants in the relationship will have to master the tools for implementing and protecting property rights.

Land acquired by squatting

When there are no papers for real estate, such an allotment is classified as obtained by self-capture. Any actions in such territories are illegal and subject to administrative liability. But there are ways that will help legalize these lands, making them private property.

A private individual needs to complete a purchase and sale transaction. When the land belongs to SNT or municipal authorities, it is necessary to submit an application to purchase the property. In circumstances in which the plot is the property of the state, it can be put up for auction (previously, the citizen contacts the authorized organization with a message about the desire to obtain the land into private ownership).

Purchasing at an auction makes it possible to register the ownership of land according to the scheme already discussed.

Briefly about the main thing

The law on dacha amnesty, which appeared in 2006, and the articles of the Land Code of the Russian Federation, in force since 2015, significantly facilitate the process of registering territories for dacha ownership. The law on dacha amnesty, which appeared in 2006, and the articles of the Land Code of the Russian Federation, in force since 2015, significantly facilitate the process of registering territories for dacha ownership. The law on dacha amnesty, which appeared in 2006, and the articles of the Land Code of the Russian Federation, in force since 2015, significantly facilitate the process of registering territories for dacha ownership.

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Four scenarios

1. If the plot belongs to local government or SNT, you must provide an application for the allocation of this land plot for personal use to the applicant.
2. In the case where the plot belongs to the state, you will need to take part in the auction and, accordingly, emerge as the winner. The auction provides the potential to increase land area and formalize the squatting of public areas quickly and inexpensively. The cost per square meter in this case will be 15% of the cadastral valuation.
3. Perhaps the land already has an owner and in this situation there is only one way out - to enter into negotiations and insist on the alienation of property rights. In simple words - persuade them to sell and do it as cheaply as possible.
4. Another option is that the land is ownerless, which means it has no owner. Then you need to contact local authorities with an application for registering the land with cadastral registration. But this procedure is quite long, since after registration in the cadastre the plot will become the property of the municipality in a year. And only after a year can you become a contender for the right to use the land.

If you need to register the land under the house

In this situation, until the house and the plot itself are privatized, the property is considered illegally used, and transactions with it are impossible. When there are cadastral documents for a house, the owners may mistakenly believe that this is enough and do not care about registering the land directly under the house, but it is an integral part of the residential building (apartment). In order to have a cadastral number and a passport for the land, it is necessary to organize geodetic work, which includes topographic survey, measurement with land surveying, as well as clarification of the boundaries with neighbors' plots.

Based on these data, the private individual receives a technical extract, takes the documents to the cadastral organization, and attaches as confirmation a receipt confirming that the state duty has been paid. As a result, a certificate is issued confirming the owner’s right.

Certificate of Title Cap

Termination of real rights

PPNS and PPNS have common grounds for termination. According to Art. 45 of the Land Code, the basis for this may be the voluntary refusal of the land user/land owner, an application for which is submitted to Rosreestr.

Any other grounds are compulsory in nature of termination and may be related to:

1. Violations of the law when using land, including:
   use other than for its intended purpose;
2. pollution and damage to land;
3. failure to fulfill the duties assigned by law for the reclamation and improvement of land, to bring it into the required condition;
4. erection of unauthorized buildings or refusal to demolish them within the time limits established by law;
5. non-use of land for its intended purpose for three years, and so on.
6. Confiscation of land for state or municipal needs.

There are slightly different rules regarding easements. According to Art. 48 of the Land Code, the easement is terminated:

• upon expiration of its validity period or the disappearance of the grounds on which it was established;
• through the court (Article 276 of the Civil Code), if this type of rights prevents the use of the site for its intended purpose;
• in the event of a decision being made by the body that established the public easement, if the activity for which it was established has been terminated, payment has not been made for it, or the owner himself has abandoned it;
• if the owner of the plot demands its termination, which is associated with a violation of the procedure for establishing an easement, difficulties arising with the use of the plot and for other reasons specified in Art. 48 ZK.