Why do people stop farming their land and abandon their home?
In fact, there may be a lot of reasons.
- The owner died, and there were no heirs left; there was no one to transfer the property to;
- Difficulties with selling a plot and, as a result, moving to a metropolis in search of a better life and increased comfort;
- The owner died, but the heirs simply did not want to inherit the small house and plot
- The owner died, but the heirs missed the deadline for one reason or another, etc.
People call abandoned areas with destroyed houses “abandoned areas.” And in the law, an ownerless thing is understood as a thing that does not have an owner, is unknown, or has been abandoned by the owner (clause 1 of Article 225 of the Civil Code of the Russian Federation). In general, any building that does not have an owner or does not have any information about it can be considered an abandoned building.
If you occupy an abandoned site, is this considered occupation?
In this matter, the state is on the side of the owner and does not allow other citizens to occupy abandoned areas if the real owners are absent for a long time.
It is generally accepted that even if a plot of land is abandoned, it still has an owner or, at the very least, heirs. In accordance with the law, if a person has at least partially accepted the inheritance, then everything else belongs to him.
This must be understood as follows: if one of the things of the deceased passed to a person (heir), then he is considered to have accepted the inheritance. And no matter what condition (well-groomed, abandoned) the land plot that belonged to the deceased was, it will be inherited by this person.
In the absence of heirs, the land property becomes escheated and is taken by the state, which has the right to sell it at auction or auction.
Methods for registering “abandoned” property
As I mentioned above, there are several ways to take ownership of an ownerless plot of land with a house:
- purchase an ownerless plot from the municipality;
- open to own for 15 years and subsequently become the full owner;
- find the owner of the “abandoned property” and buy the plot with the house.
Next I will tell you more about each of the methods.
Method 1. Acquisitive prescription
The issue of the so-called 15-year open ownership is addressed in Article 234 of the Civil Code of the Russian Federation. The meaning of this relatively simple method is as follows: a citizen can openly live in an ownerless house. And if within 15 years the owner does not unexpectedly appear, then the new owner, by law, has every right to become the formal (legal) owner of the property. But there are 3 fundamentally important points that need to be taken into account:
- Owning an abandoned house must be done in good faith
Pay all bills on time, invest in repairs and construction of a new home, etc.
- You need to openly own an abandoned house
That is, a possible future owner should not hide the fact that abandoned property is in his possession.
- Continuity of ownership of an abandoned house
You must own and use an abandoned house throughout the entire period of acquisition, that is, 15 years.
You can become the legal owner of an ownerless house on the basis of acquisitive prescription by a court decision. But you can go to court only 18 years after the start of ownership of the property (a 3-year limitation period must be added here). If the court ultimately recognizes the ownership right of the new owner, the latter will be able to register the ownership right in Rosreestr and dispose of it as the rightful owner.
But you need to understand that at any moment, like a bolt from the blue, the “old” owner of the house may appear and demand to leave it. In addition, this method is obviously suitable for very patient and wealthy citizens, since this procedure is quite lengthy and requires a decent financial investment.
Method 2. Search for the owner of the abandoned property
Determining the owner of an abandoned house is not so easy. This can take a lot of time and effort. First, you need to contact the chairman of the SNT and clarify information about the owner (this option is suitable for those who are going to become the legal owner of an ownerless house located on the territory of a gardening partnership). If attempts are unsuccessful, there is another way:
- use the Internet and order an extract from the Unified State Register of Real Estate. If an abandoned house is registered, from the extract you can find out about its owner and whether there are any encumbrances.
If you manage to find the owner of the “abandoned property,” then the next step will be to transfer the house under a purchase and sale agreement or other civil law transaction. But if all attempts made are unsuccessful, we move on to the last method.
Is it possible to use an abandoned summer cottage without registering ownership?
Is it possible to do without the paperwork involved in registering ownership and using it? It's possible, but it's not necessary because it's illegal. Such unauthorized use of someone else's land is considered land squatting. It will be a shame to cultivate and improve abandoned land, and then the owner will show up, surround himself with a three-meter fence, and instead of thanking you, he can also fine you. Who enjoys it? It is better to register the property according to the law, and we will consider further how to take ownership of an abandoned land plot in 2021.
How to find the owner of an abandoned plot
To be able to purchase an abandoned plot of land, first try to find as much information as possible about it. In this case, you need to find out who owns the land you are interested in. For this purpose, make a request to provide an extract from the Unified State Register to the Rosreestr service.
An extract from the register can be obtained in the following ways:
- Submit your application to the territorial body of Rosreestr in person. Registration service specialists provide reception on a first-come, first-served basis. In the electronic device at the entrance to the registration department, dial the “Issue of certificates and statements” function, receive a coupon indicating the registration window where the service will be provided. Pay the state fee in advance in the amount of 200 rubles for registration actions according to the details indicated on the information stand (information on the procedure for transferring the state fee can also be found on the official website of Rosreestr). The extract will be provided no later than 5 days from the date of application;
- Submit an application for an extract from the Unified State Register of Real Estate via Russian Post. In this case, it is also necessary to attach a receipt for payment of the state fee. Please note that when sending an application by mail, it must be certified by a notary;
- Request site information by submitting a request via email. With this option for obtaining the necessary information, the applicant must have an electronic digital signature. The extract is also provided within five days from the date of receipt of the request;
- Obtain information through the official website of Rosreestr by sending an electronic request for an extract. In the application form, indicate the email address to which you want to send the information you are interested in about the land plot. The processing time for the application is also 5 days.
If an abandoned area is found
First, you need to make sure according to all the rules that the plot of land is ownerless. To do this, you need to go to the State Register electronic service and view the public cadastral map. It is necessary to check whether the boundaries of the discovered plot of land have been formed and whether it has been assigned a specific cadastral number.
All recorded areas are marked in red on the map. If the discovered land plot is not outlined in red on the map, then it has not undergone any accounting procedures. It will not be possible to receive an extract for such a site, since it is not assigned any account number.
Quest 1. Find the owner
It is most likely that the abandoned land and the collapsed house still have an owner. This could be the heir or heiress of the previous owner who has never appeared at the dacha - which does not cancel their rights to the land.
“If we manage to find the owner and conclude a purchase and sale agreement, this is the most preferable and fastest option,” instructs lawyer for land and housing matters Svetlana Zhmurko.
The options for how to search may be as follows.
— If we are talking about a gardening partnership, ask the chairman (the easiest thing).
- Request an extract from the Unified State Register of Real Estate (USRN) - through the Rosreestr portal or the multifunctional center (MFC). If the rights to the inheritance have been properly registered, you will see the name of the new owner in the extract (however, then you will need to find him somehow).
— Request information about who was allocated the plot in the archives of the local administration (if there is no more recent data anywhere else).
The possible result of all research is zero. That is, there is no information about the owners anywhere. Or the site was once allocated to someone in the shaggy years, but its history cannot be traced further.
In this case, it is necessary to recognize the land as ownerless (ownerless). But you yourself cannot make such a request to the court. The local administration (district authorities) must necessarily participate in this process.
There is free land and plantings, but abandoned dachas cannot be used.
Photo: Ivan MAKEEV
Buy or rent an abandoned plot – which is better?
Let's briefly look at the pros and cons of buying and selling and leasing land.
Land purchase and sale agreement
Plus: the abandoned site immediately becomes property and can be disposed of at your own discretion; Disadvantage : you need to immediately find a significant amount, unlike rent.
Lease contract
Plus: Payment under the contract is not made immediately, but in fractional installments; the possibility of a subsequent right of redemption at a preferential price can be stipulated; Disadvantage : there are restrictions on use, so when signing the contract you should study the pros and cons in detail.
Is it possible to register an abandoned plot of land as a property for free?
This question interests many. There is an option for free registration of abandoned land. Sometimes the owner is unable to take care of the site, pay taxes for it, or make contributions. The land becomes a burden for him, and debts accumulate. Moreover, preparing documents for sale is also a financial cost, and there may not be that many people willing to buy a plot. Then you can draw up a donation agreement and receive an abandoned land plot for free, taking on only the financial costs of completing the transaction. However, donors are a rarity in everyday life. Most often, when registering a land plot, either rent or purchase and sale appear.
How to register?
After the inspection, it is necessary to determine which municipality the discovered land plot belongs to and submit an application to the administration to recognize it as ownerless. The administration is obliged to conduct an inspection and, within a month, provide an official response on whether the site is really ownerless or whether it still has an owner.
An ownerless plot of land is a plot of land that is not owned by any entity, and the process of registering ownership rights should not be initiated in relation to this plot. If a piece of land is truly ownerless, then it is most likely not registered in the cadastral register.
Upon actual identification, the municipal administration is obliged to register the site. After this, the site will acquire precise boundaries, it will be assigned a number and its area will be determined. In this case, the title owner of the site will be the municipality.
After this, a person who wants to purchase this piece of land as his own will have to wait one year. This period is established by law, and it is necessary to wait in order to be completely sure that there are no other applicants who have legal grounds for the specified plot.
After a year, the municipality can apply to the court with a statement of claim to have the specified plot of land transferred into municipal ownership, not in title, but in full officially.
✨ Summary
Theoretically, it is possible to register ownership of ownerless property - which does not have an owner or is unknown, or has renounced its ownership rights. In modern realities, these are most often empty houses in villages.
Three design methods:
- Try to find the owner and buy the house and land from him.
- If there is no owner or he has not been identified, contact the municipality - local authorities will register ownership of the property and then put the property up for auction, where it can be purchased.
- Living in a house for 15 years, owning it openly and conscientiously, is an extremely risky method, because legitimate applicants for housing may appear.
Collecting information about an abandoned house
Houses can become abandoned for several main reasons:
- the last owner died, and the heirs did not accept the inheritance or the court declared them unworthy heirs;
- the last owner of the house had no heirs at all.
Thus, anyone who wants to take ownership of an abandoned house will first need to establish who it belonged to and whether he or she has any heirs. The easiest way to do this is by talking with your neighbors and, if possible, finding out the last name, first name, and patronymic of the last owner, as well as his relatives.
If it was not possible to obtain information in this way, then you need to contact Rosreestr to obtain an extract for the property, which will indicate information about the previous owners.
In situations where it was possible to find heirs, but they did not accept the inheritance, you will have to wait until they formalize it. And if the period for accepting the inheritance has already expired, then the heirs will need to recognize the ownership of the house in court - only after that will it be possible to buy the house from them.
If the heirs cannot be recognized in court, the house will become municipal or state property and then the issue of redemption will need to be resolved with the administration.
Is it possible to register ownership of an abandoned plot without going to court?
Depending on the specific situation, municipal ownership of an empty land plot can be registered without going to court.
Situations are common when, after the death of the owner of a neighboring plot many years ago, the board of SNT and the neighbors have no information about his heirs.
In such cases, the Register of Probate Cases, located on the website of the Federal Notary Chamber https://notariat.ru/ru-ru/help/probate-cases/, can help, where you can find out whether the inheritance case was opened by the heirs of the deceased gardener, and also from which namely a notary.
It is possible that the land plot you are interested in is escheated, since the inheritance case was not opened after the death of the gardener-testator, and all inherited property became the property of the Russian Federation (Part 1 of Article 1151 of the Civil Code of the Russian Federation).
In this case, the land plot, as well as the buildings and structures located on it (as escheated property) pass by inheritance by law into the ownership of the urban or rural settlement, municipal district (in terms of inter-settlement territories) or urban district where the land plot is located ( Clause 2 of Article 1151 of the Civil Code of the Russian Federation)
“Escheated property, in the case of inheritance of which refusal of inheritance is not allowed, from the day the inheritance is opened, passes by inheritance according to the law into the ownership of the Russian Federation, as well as regardless of the formalization of inheritance rights and their state registration. A certificate of the right to inheritance in relation to escheated property is issued by the Russian Federation in the same manner as to other heirs, without issuing a special court decision recognizing the property as escheat.” (Paragraph 50 of the Resolution of the Plenum of the Supreme Court No. 9 of May 29, 2012 “On judicial practice in inheritance cases”).
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How to legally take over an abandoned plot in SNT. Step-by-step instruction
Conclusion
Issues related to land law almost always have a large number of nuances and pitfalls.
Before laying claim to an abandoned plot of land, it is necessary to establish exactly who exactly it belongs to.
Also, in order not to waste your own time and money on registration, you should make sure in advance that the owner of the site is really absent or consciously, intentionally, does not care about it for a long period - otherwise there will be a risk of wasting your nerves, but not achieving results.
