There are cases when, for reasons beyond our control, land ownership is not legally secured in documents. And the question arises: how to register ownership of a plot if there are no documents for the land? And is it possible to use such a plot of land?
Taking into account changes in Russian land legislation, this topic will always be relevant. The institution of private property in Russia arose relatively recently. Laws on land and registration of real estate rights are constantly being patched up and caulked.
The realities of our country are such that “without a piece of paper we are insects.” In the article we will consider such an important issue as registration of land ownership without documents.
Is it possible to register land as a property in the absence of title documents?
Today, the possibility of registering land ownership rights without documents exists.
Each case is individual and requires a careful approach.
Russian legislation provides for several different options for the provision of land plots:
- on the right of ownership;
- on the right of free use;
- under a lease agreement;
- on the right of permanent (unlimited use).
Depending on the grounds on which the right to a land plot arises, there are various options for registering ownership rights to this plot.
Obtaining a land survey plan
When there is no information about land surveying, the landowner has to organize the process independently. Land management work is carried out by specialized offices on a paid basis, which entails an increase in the final costs of re-registration of the land plot.
In the process of land surveying, the boundaries of the site are established and they are secured by regulations. Sometimes the result of an inspection is the identification of extra square meters. In order to properly register surplus land, you must contact the authorized body with a corresponding application. If the request does not exceed the established standards for how much land can be registered, the administrative body will issue an appropriate resolution, which will allow the plot to be increased legally.
The presence of agreed-upon fixed boundaries of the plot eliminates disputes and encroachments on the territory by neighbors who own adjacent plots. In the absence of agreement, the boundaries are determined in court, which increases the duration of the general re-registration procedure.
The range of land development works includes:
- collection of geodetic and cartographic documentation and its analysis;
- preparation of a storage plan with special marks and designations;
- drawing up a land surveying plan.
After receiving the boundary plan, you must contact the Cadastral Service with a request to register the property.
What are the risks of using a land plot without title documents?
Land title documents are documents that contain compelling reasons why a citizen becomes the owner of rights. This could be a purchase and sale agreement, an exchange agreement, a municipal act, a court decision, etc.
But these documents alone are not enough. Rights to a land plot must be formalized as required by law (registered in Rosreestr), the land plot must be registered in the cadastral register.
However, despite this obligation to register real estate, there are enough “illegal” land users today. Registration of rights means additional financial and time costs. Not everyone has this wealth.
And all because the state is quite loyal to owners whose rights are not confirmed and does not engage in groundless confiscation of land. But this is the case when your land plot is not of interest. But if, suppose, the land is needed for any needs (construction of roads, enterprises, etc.), then you may well lose the land that could rightfully belong to you.
Or, if you want to sell your land plot, then the transaction may not be registered at all in Rosreestr until the ownership of the land plot is registered.
Registration of land ownership without documents - where to start
There are different cases when it is necessary to register land as a property for which there are no documents, for example, during inheritance, squatting, loss of documents, or by court decision.
In any case, we start with archival data. All basic information about real estate, including land plots, must be clarified with the local administration. Be prepared for material and time costs. It all depends on the individual case. To register property, plans, layout diagrams of the land plot, as well as other documents may be required.
Depending on the reasons for which you are related to a specific land plot, a chain of further actions is built.
What may be the grounds for the emergence of rights of ownership and possession of a land plot:
- Act, decision, extract, certificate of local authorities on the transfer of rights to municipal or state land;
- Contract of sale, exchange, gift;
- Lease agreement (In some cases, there is the possibility of purchasing land leased from the state for a symbolic price)
- Agreement for free use;
- Decision of the judicial authorities (on various controversial grounds, for example, compensation for damage in kind, return of unjustifiably appropriated property);
- Acquisitive prescription (with continuous ownership of land for more than 15 years);
- Entry into inheritance;
- Other special conditions (transfer of land to preferential categories of citizens).
After you have received the basis for transferring land into ownership, you should register your rights with Rosreestr.
Definition - what is it?
Speaking about “unauthorized occupation of a land plot in the Russian Federation,” we mean actions that confirm the actual use of a specific plot of land in question. At the same time, there is no corresponding resolution of the authorities, nor a decision of the local administration on the transfer of ownership, lease, ownership or lifelong use.
The concept of “self-occupation” of land plots closely borders on the term “land acquisition” , which means the allocation of a certain territory that has clear boundaries and coordinates. Having such an allotment, it becomes possible to proceed to the process of registering a land plot and obtaining a state act. But there are a huge number of land plots that place buildings (other objects) on their territory that do not have confirmation of the land allotment.
It is precisely such storage units that are called self-seized, fall under the article of administrative violation and entail heavy fines . The objects of self-capture more often than others are memory devices that are considered ownerless and are in contact with the area of the person claiming them. As a result, it turns out that the illegal seizure of land is caused by the desire to increase the boundaries of one’s legal territory.
Illegal seizure is carried out mainly for the purpose of expanding the borders of one’s possession. Sometimes various paradoxes happen: the owner of the land plot does not even suspect that he is managing someone else’s land, not his own, or is the owner of a larger land plot.
Watch the video about fines:
The reason for this is not long-standing squatting, but manipulations that become clearer in the process of resale and other transactions with this site. There are situations when, as a result of actions on seized land, harm is caused to the rightful owner. It’s easier with self-development, because in this case, by paying a fine, it’s quite easy to legitimize the property as a land plot. With land it is becoming more and more difficult and such cases often end up in litigation.
In accordance with Article No. 7.1 of the Code of Administrative Offenses of the Russian Federation, such illegal actions are classified as administrative violations, and therefore the law provides for a fine for them. Moreover, its size depends on what kind of land we are appropriating - municipal or land plots of forests, water lands, mineral deposits, fines much higher in the examples given. It is important to remember that any land has an owner; if it is not in the possession of individuals or legal entities, or is not the property of municipalities, then the land belongs to the state (Article 16 of the Land Code of the Russian Federation).
Self-occupation also includes actions to increase the boundaries of one’s property by unauthorized removal of a fence, construction of new buildings, and storage. The Civil Code of the Russian Federation (namely Article No. 131) says that all transactions and restrictions on real estate, as well as rights to it, must be registered by the state (Rosreestr) in the accepted manner.
All alienation of land plots in the form of donation or sale are subject to mandatory registration in Rosreestr (oral agreement is not quoted). The exceptions are sublease and lease agreements, agreements for gratuitous fixed-term use, for a period of up to 1 calendar year (regulated by clause 2 of Article No. 26 of the Land Code of the Russian Federation).
What needs to be done to register land ownership
To begin, we contact a cadastral engineer who has the right to prepare a boundary plan (member of the SRO), who can be selected using the catalog of cadastral engineers in your region. Preparation of a boundary plan is a paid service, but in any case you cannot do without a cadastral engineer. After all, according to all the rules, the land must be registered in the cadastral register.
You can find out which organizations in a particular area provide survey preparation services and what their cost is using a free cadastral work calculator.
Next, the prepared and signed boundary plan (on electronic media) must be submitted to Rosreestr. This is usually done through the MFC.
The application for registration of rights to a land plot is reviewed by Rosreestr, then the land is registered in the cadastral register, about which you are given an extract from the Unified State Register of Real Estate. It will be your evidence that the rights to the site are registered.
Government agencies are interested in ensuring that rights to land plots are registered. After all, at the same time, the number of payers of land taxes increases, which means the treasury is replenished. For this purpose, they even came up with a simplified procedure for registering land ownership - the so-called dacha amnesty.
What will the costs be?
The only necessary action in this case is collecting a package of documents. After their consideration, the authorities issue a corresponding certificate.
Obtaining ownership rights under a purchase and sale agreement.
Only services for preparation and collection of documentation remain free. But in this case it is impossible to do state duties Its cost is in the range of 200-15,000 rubles. The exact size depends on what the area will be used for in the future.
- 200 rubles will be paid by those who plan to build an individual construction project, plant a vegetable garden or garden for personal use.
- They pay only one hundred rubles for agricultural land.
- 1000 rubles are required in the case of construction of non-residential premises.
- 15,000 rubles are given by legal entities.
How to register a land plot under the dacha amnesty without documents
SNT members who did not manage to purchase their publicly owned plot for free can do so until March 1, 2022. After this period, purchase is possible only after an auction.
That is, if the right to a land plot is confirmed by an act of local authorities, an extract from the household register or in another document that certifies the right to a land plot, it can be registered as a property under the dacha amnesty free of charge, and there will be no need to buy out the land. At the same time, the preparation of a boundary plan and all necessary accompanying documents is a paid service.
Thus, in order to register land ownership without documents, it is still worth obtaining these documents. The procedure can be difficult at times, but overall it is worth it.
Land plots whose rights are not properly registered will soon no longer be able to be sold or passed on by inheritance. And even now this is quite problematic. Before you have the full right to dispose of a land plot, this right must be declared.
Process Features
When it comes to re-registration of a plot acquired before 2001, there is a need to prepare a cadastral passport for the property and carry out land surveying (if it has not been carried out previously). As a result, collecting documents and subsequent processing may take several months.
A later acquisition of a plot will allow you to quickly complete the paperwork process at the Cadastral Chamber. It takes about 10 days to submit the application, pay for the service and prepare the document.
When planning the alienation of land in favor of a new owner, it is necessary to take into account the duration of collecting documentation and prepare for the transaction in advance.
