Legal advice > Administrative law > How to find the owner of a land plot: reasons and ways to obtain reliable information
You have to look for a property owner for the following reasons:
- It is impossible to privatize your land without the permission of your neighbors;
- You liked an unused piece of land or a building;
- For security purposes, property purchase and sale contracts;
- If you intend to rent an object;
- Identification of the intended purpose of the allotment;
- To know which authority to contact to purchase property;
- Determining the fact: sole ownership or divided between several co-owners;
- Change of ownership of land or real estate;
- Restrictions imposed on the owner of the territory (encumbrance);
- To eliminate infringement of the rights of other citizens or associations.
If you know why to look for the owner, then it will become much easier to understand how to find the owner of the land. This will help achieve the intended goal for the property.
Options for finding a neighbor
There are quite a lot of options here. And the easiest way is to contact the chairman of the gardening association. Usually he has all the information about land plots and their owners, which he records in a special accounting book.
But there is one specific nuance here. When selling land, donating it or other legal manipulations, information about the new owners is not always entered into this book. That is, the information in it may be outdated and unreliable. Therefore, it is recommended to take other routes.
The most reliable way is to find the cadastral number of the plot. But besides this, the territory has an address, a passport and a land survey plan. And all these documents clearly indicate who the owner is. All these documents are collected separately, but they form a package that forms the basis for obtaining a certificate of ownership. That is, without them the certificate will not be issued.
It turns out that the owner of the land plot is exposed in many instances where information about him is stored. By contacting each of them, you can obtain information about his main place of residence, passport details, etc.
Cadastral passport of a land plot Source kadastrmapp.ru
It should be noted that information about the owner of the land plot is not publicly available. They are only available upon request. And in some cases, you will have to pay a state duty in the range of 200-1500 rubles. And one moment. Registration in the Rosreestr Database has been carried out since 1997. This means that some lands were not registered. And if after 1997 there were no manipulations with the plots, then there are probably none in the Database. And this is where problems can arise. But they can also be solved if you approach the search correctly.
Here are three options for how to solve them:
- contact local authorities, where they register and record all issued land;
- in PIBs of the region;
- the central archive of Rosreestr, sometimes they have information, but not always.
Central archive of Rosreestr Source www.livekuban.ru
See also: Catalog of the most popular sites in the Moscow region for the construction of country housing.
So, if the land plot was registered after 1997, then here are some options for finding the owner of the plot:
- Contact the cadastral chamber, which stores all the information about the plot and its owner included in the cadastral passport. This service is free, you need to make a request indicating the cadastral number of the land area.
- You can contact the Federal Registration Service, where information about the allotment and its owner is also stored. To do this, you also need to make a request indicating the address of the site. The application must be accompanied by a photocopy of the applicant’s passport and a receipt for payment of the state fee. A response will be given within five days.
- Although the land surveying process is carried out by a cadastral engineer, information about this procedure must be submitted to the local government administration.
- Land surveying is an expensive procedure. Therefore, rarely does anyone apply for the service of establishing exact boundaries if they have no plans to privatize the plot. This means that the information is always available in the Land Registration Department.
- In the tax office, because this organization collects taxes for real estate and for the use of the land itself.
Land survey Source old.admugansk.ru
If it suddenly turns out that the land is not assigned to anyone, then all that remains is to go to the village or city administration. An extract from the archive can be issued here. It is issued free of charge. If it turns out that a legal entity owns the land, then all information about it can be obtained from the tax office.
Why take an extract from the registry?
It doesn't matter whether the object has a passport or not. After the request you will receive the following information:
- Unique number of the territory and building;
- Purpose of real estate;
- Inventory number and area;
- Precise dislocation;
- Does the owner of the plot have co-owners?
- When the object was privatized and registered;
- Are there any restrictions on the use of the territory;
- Information about owners, especially legal entities;
- If construction is underway, is it shared?
- Is there information about courts and disputes?
The more information, the greater the likelihood of quickly obtaining information about a specific copyright holder. The closer the question of how to find the owner of the land is to be resolved.
Fraudulent schemes
Land fraud is not uncommon. Many got burned by this. Therefore, lawyers always warn that any transactions must be carried out with the participation of specialists. But if this is not possible, then when conducting a transaction you must require the following documents from the seller:
- certificate (certificate) of land ownership;
- extract from the Unified State Register of Consumers (USRP);
- an act confirming that the privatization of the land has been carried out;
- information from the housing department;
- the same from the tax office;
- an agreement confirming the purchase and sale, or if the land plot fell into the hands of the owner by inheritance or by gift.
In all this there is one subtle point related to the new Cadastral Code. It states that one plot of land can belong to several shareholders. For example, members of the same family. Therefore, when purchasing a plot of land, you need to inquire about it in advance. And if it turns out that there is more than one owner, then you will have to demand from the seller notarized permission to sell from all shareholders.
The earth has always attracted scammers Source ongood.ngo
You can find out how many people own land in different ways:
- at the tax office, which annually sends out notices about the payment of property taxes to all owners;
- if the land plot is privatized, then information about the number of shareholders is in the privatization act, which is kept by each of the owners of the plot;
- if a plot of land is sold together with a house built on its territory, then information about the shareholders is available in the BTI.
Acquisitive prescription
According to the law, abandoned real estate can be obtained for free - this is provided for in Article 234 of the Civil Code of the Russian Federation.
This rule provides for ownership of the property for at least fifteen years. In this case, the ownership process according to the law must be:
- open
- conscientious
- continuous
After fifteen years, a citizen has the right to apply to the court for recognition of his property rights.
Three years of limitation of actions and fifteen years of acquisitive limitation generally characterize these criteria as “bona fide, open and continuous possession” with a mandatory period of eighteen years - the necessary period in order to recognize ownership.
Based on the court decision, Rosreestr will register ownership of abandoned housing.
The Internet is an assistant in finding land owners
With the advent of the Internet, many bureaucratic obstacles have become easily overcome. For example, Rosreestr has created its own website, where all land plots in Russia are uploaded. Complete information about them and their owners is stored here. To find out who owns this or that plot of land, you need to enter the cadastral number of the land plot into the search window. And information about its owner will immediately appear.
But there are often situations when no one knows this cadastral number. The problem can be easily solved. To do this, go to the “Public Map” section. There is a map of Russia on which all areas are indicated. You just need to find your region, the area where the required land plot is located. Click on it, and information about the land itself will appear on the screen. That is, its area, boundaries and, of course, cadastral number. After that, the resulting code must be entered into the site’s search engine. The end result is information about the owner of the land plot.
Cadastral public map Source btf.su
Refusal to receive information
Requests are not always satisfied, but there must be good reasons for this
Requests and applications are not always satisfied. Institutions have the right to refuse in the following cases:
- Possible serious reasons for refusal to obtain a certificate
- Typos, inattention and forgetfulness.
- Information about the site is insufficient. The address and cadastral registration number are unknown. It is important to find out some information from the local administration.
- State tax not paid. Pay and reapply.
- In the area of interest to someone there are government agencies or other objects of national importance.
What to do if you refuse
You can find out the information yourself or with the help of real estate agencies. They have more channels and powers. Submit an advertisement for the search for the owner of the land in local newspapers. A successful way to find the owner is a note in the local press.
What does the legislation say about abandoned sites?
If the owner of an abandoned plot of land could not be found, this does not mean that the land is no one's. If it does not fall into the category of private ownership, then the territory belongs to the state. Therefore, my advice is that before seizing seemingly no-man’s land, contact local government authorities. They are the ones who decide to whom the land plots will be transferred into ownership.
As practice shows, such plots are now sold through auctions. Therefore, it is not a fact that your application will be considered individually. You will simply be invited to an auction in which you can participate along with everyone else.
The procedure for purchasing an abandoned house
Based on Article 225 of the Civil Code of the Russian Federation, ownerless real estate is subject to registration by the body that carries out state registration of rights to real estate, upon application from the local government body in whose territory they are located.
After the expiration of a year from the date of registration of an ownerless immovable property, the body that is authorized to manage municipal property has the right to apply to the court with a demand to recognize the abandoned house as municipal property.
After the house becomes municipal property, it can be purchased at auction. After this, the registration of the real estate must be carried out in Rosreestr, since the right of ownership, subject to state registration, arises from the moment of such registration.
If there are heirs
Situations when it is possible to find out that there are heirs are more complex. You need to find them and negotiate a price. But the most unpleasant thing is if these heirs have not assumed their rights. Until they do this, there can be no talk of any alienation of real estate.
The process of acquiring inheritance rights after a missed deadline is lengthy. But this situation has fewer risks than with real estate that has become the property of the municipality. If the heir comes into his own and sells you the house, then no claims from third parties are any longer scary.
In the USRN extract
An identification number is assigned to each real estate property , the data of which is entered into the Unified State Register of Real Estate (USRN):
- when registering land plots in Rosreestr;
- when the Unified State Register includes data on the previously recorded property.
In most cases, the code that is assigned to a plot of land in the Unified State Register is needed by its owner. By requesting an extract from the Unified State Register of Real Estate, it is possible to obtain almost all legal information about the site :
- storage address;
- information about the owner;
- data on the encumbrances of the object;
- category of land to which the site is assigned;
- cadastral value of the land plot, which is taken into account when calculating the amount of land tax;
- storage area.
All other information about the land plot is not available to outsiders . Information can only be obtained upon receipt of a request from judicial or law enforcement authorities.
There are three ways to obtain an extract from the Unified State Register:
- contacting the local branch of Rosreestr;
- contacting the multifunctional center (MFC);
- or by requesting information through the government services portal.
To receive an extract in writing, you must submit an official application to Rosreestr or MFC. The request must include the exact location of the object for which data is required.
An extract from the Unified State Register is issued in writing, and its preparation usually takes about 4 working days .
When using an electronic request through the public services portal, the form is filled out on the website.
In the search window, enter the address of the land plot, its graphic coordinates, or conduct a search through the map.
The extract will be sent electronically and will be certified by a digital signature of a Rosreestr specialist.
Preparation of such an extract also does not exceed 4 days , but usually the data file is provided immediately on the day of the request.
Regardless of the form of citizens’ appeal, the USRN extract and the Public Cadastral Map reflect only reliable and up-to-date information for which government bodies are responsible.
Why shouldn't you rush to move to the village?
It’s quite easy to succumb to trends by being tempted by almost free prices for plots in such places. However, radically changing the way and rhythm of life is not as easy as it seems at first glance. Moving from a remote village can be a mistake that you will regret. Especially if there is nowhere to return.
The decision to move should be made after carefully assessing all factors. You can understand how ready you are for this by testing yourself with a small test:
How confident are you in your decision?
If you are still in doubt, it is better to leave this idea. Please note that this is a radical change in lifestyle, and those who move to the village are mentally prepared for this. Statistics show the opposite; most city residents begin to miss civilization and the city after just a few days.
Do you know everything about your new place of residence?
Before buying an abandoned plot with a house, you should spend some time in the village to make sure that the decision is correct.
Are you ready to trade your computer for a scythe and a shovel?
Not everyone can cope with the physically difficult life of a village. You will be responsible for the level and quality of your life - everything will depend on you. If you have doubts about your own abilities, it is better to abandon this idea.
Are you ready to lose some of your friends and acquaintances?
Communication is important for people, and it is extremely difficult to find it in the village. Moreover, after moving, it is highly likely that your relationships with friends and even relatives who remain in the city will radically change.
Conclusion
If the house was owned by an individual, then the potential buyer needs to find the heirs and find out whether they accepted the inheritance or not. And in cases where the property is municipally owned, you must contact the administration.
There is also the option of registration by acquisitive prescription. In such a situation, ownership must be bona fide, open and continuous. If any of these criteria is missing, then it will not be possible to register ownership of an ownerless house.
Disadvantages of village life
Everyday difficulties are the main reasons; you can still cope with them by adapting to such conditions. However, before you decide to buy an abandoned house in the village, it is worth assessing other, more serious disadvantages:
- Rough morals - there are no social frameworks in the village, you need to get used to such a rhythm of life that a neighbor can come to see you at your house at any time and every resident knows everything about others;
- Hard physical work - you need to take care of the household, garden and many other small things on your own every day;
- Alcoholism - lack of work negatively affects the employment of the population, this is all they can do;
- Theft is again the influence of unemployment; it is easier to break into a private house than into an apartment;
- Animals, both wild and domestic, often wander anywhere;
- Garbage - garbage trucks do not go to villages, so you have to deal with it yourself;
- Complete lack of cultural life. In the city, a person can do anything - go to a cinema, theater or just take a walk. There is nothing in the village - leisure, interesting architecture, clubs.
Where to begin
The first thing to do after finding an abandoned house you like is to try to find the owner. You can interview neighbors, contact local authorities, the Federal Cadastral Chamber or Rosreestr.
Quite often, information from Rosreestr confirms that there is no owner. It follows from this that the local authorities waited a year until the heirs appeared, and in court declared the property escheat, reserving the right of ownership and disposal for themselves. As a rule, municipal authorities are not too happy about such real estate. After all, with the right of ownership comes responsibilities, in particular regarding maintenance and land surveying, and these are unnecessary problems.
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If the house actually became the property of the municipality, then usually they don’t ask for much for it and will sell it with great joy. But there are risks here too, because at any moment the legal owner or his heirs may show up and demand the house back.
What are the disadvantages of living in a village?
Despite the abundance of positive features of such a life, there is another side. This is exactly what can be difficult for a city dweller.
The first thing you will have to face is a lot of everyday problems that you will have to solve yourself.
Secondly, village is different from village. There are large villages with good infrastructure, urban settlements near regional centers - life here is not so different from everyday city life. Yes, there is fresh air, low prices - everything else is almost like in the city. This also includes cottage villages with houses for permanent residence and holiday villages where people come only for the summer.
And there are also remote villages, where abandoned plots are most often acquired. This is where the most difficulties arise.
Poor infrastructure
In remote villages there are practically no roads; the only blessings of civilization are electricity. If you can solve the issue of home improvement yourself, then there is simply nothing you can do about the roads. There is a normal road only in the summer, when it is dry, but in the rain it simply washes away. In spring, autumn and winter, there is simply no way to get to your new acquisition.
Transport plays an important role - to live in a remote village you must have your own car, and even with good cross-country ability (SUV, all-wheel drive). Public transport in villages often runs with large differences in schedule, or does not reach the village at all. And the nearest stop can sometimes be several kilometers away.
Is it worth the risk for 15 years?
Indeed, some people manage to put the principle of acquisitive prescription into practice and obtain ownership of real estate. But there are many subtleties in this matter. First of all, the person using the property should not know who owns the house and prove it in court. The user must be conscientious.
There is another big risk that within 15 years the owner of the house or his heirs will show up. Then you will have to negotiate a purchase or move out. There will be no problems with personal belongings, and it is unlikely that you will be able to return all the costs of maintaining the house.