Relinquishment of ownership of a land plot: procedure, sample application

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Published: 04/30/2017

Reading time: 10 min

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More and more often, the issue of renouncing land ownership is becoming an urgent issue for citizens. This may be due to the fact that some time ago land plots were transferred from the state free of charge. In addition, cases of land transfer by inheritance are common.

But over time, such plots turn out to be abandoned by their owners, and their actual ownership is confirmed only by documents. What to do if the existing piece of land brings only losses? How to waive your right to a plot? The answers to these and other questions can be found out by reading this article.

Legislation
When can you relinquish ownership of a plot of land?
When you can't refuse
How to abandon a plot of land that you own: step-by-step instructions
What problems may arise

What is land ownership and waiver of this right?

“Land ownership” refers to a right that includes three main powers:

- possession,

- use,

- disposal of land.

The owner of the land can use it for agriculture, individual housing construction, country house, garage, as well as for other purposes that do not contradict the legislation.

“Relinquishment of land ownership” refers to the voluntary termination of rights to land. The possibility of renouncing ownership of a plot of land at the personal will of the owner is provided for by the Land Code of the Russian Federation. Payment of compensation to the previous owner is not provided.

Possible problems

More often than not, the refusal is completed within a standard time frame, without any special problems. But sometimes obstacles still arise; in such cases, the help of a good lawyer will be especially valuable. What can delay the consideration of the issue?

If the application form is filled out incorrectly . If you are unsure, it is best to seek professional advice regarding this statement.
Also causing problems is the refusal of land received as an inheritance from Fr. Land can be transferred to municipal authorities only under certain conditions. If one of the heirs refuses a plot of land, other heirs from the next line receive the right to it.
In order for such a plot to become the property of the state or municipality, all heirs need to write a waiver application.

You can return a plot that you refused. But the law allows for a refund only within a year after the refusal. An application to Rosreestr is also drawn up.

Reasons for owners' refusal to relinquish land

Surely the question arises: why give up land if it can be sold. But there are cases when this is not possible. For example, a plot of land is located in a hard-to-reach area, for which there is unlikely to be a buyer. But this circumstance does not relieve the owner from the obligation to maintain this site, which may require considerable financial costs.

Another example is if there are any encumbrances - other citizens can move freely through the site. The owner is unlikely to like this circumstance.

The site may not be used for a long time or the need to use it for its intended purpose has disappeared.

Reluctance to pay land tax is also possible.

If a person simply does not use the site, then in some cases this may result in an offense for which liability is provided. For example, non-use of a land plot intended for agricultural production or housing or other construction for three years.

All reasons must be supported by relevant documents.

The law provides for the right of the owner to abandon his property. This possibility is reflected in Article 236 of the Civil Code of the Russian Federation. The procedure for applying and the conditions under which an application can be submitted are reflected in Article 53 of the Land Code of the Russian Federation.

But there are cases when it will be difficult to abandon a plot. This is due to the fact that there may be buildings, structures, and various structures on the land that are owned by the owner. It will be difficult to refuse if property, including land, is inherited. The plot cannot be transferred to the jurisdiction of the municipality, but must go to one of the other claimants for the inheritance according to the principle of priority right. If all other heirs have expressed a written refusal, then such land can be alienated by way of voluntary refusal.

If the owner of a land plot decides to renounce ownership of it, he needs to understand how this procedure occurs at the legislative level. Below we will look at how to renounce ownership of a land plot and what main points need to be taken into account.

The necessary conditions

There are few restrictions on such an action as giving up land. This procedure usually occurs without complications. Applications are freely accepted under the following conditions:

If there are no buildings on the land that belong to the owner.
If there is an encumbrance placed on the land.

Most often, refusals occur on land that is neglected and no one uses it. Not everyone views such property with perspective and makes plans for the use of the territory.

ATTENTION! If you are paying taxes on property that is of no use, then it is worth considering getting rid of such property. This solution to the problem saves the owner from unnecessary hassle.

How to relinquish ownership of a land plot?

The refusal procedure is regulated by Art. 53 of the Land Code of the Russian Federation.

First. We submit an application to the Rosreestr Office of the constituent entity of the Russian Federation in which the land plot is located.

The application is written by hand or compiled on a computer according to the established template. The application must indicate the name of the government body to which the application is submitted, full name. applicant, his contact details, name of the application. The main part of the application contains information about the location of the land plot. It is necessary to clarify what legal documents are available. At the end of the application, the applicant’s signature and date are placed, and the documents that are annexed are also listed.

A sample application is available.

The application is submitted through any branch of the MFC. If the land plot is located in another region, and accordingly the Rosreestr Office, the owner can submit an application through the regional (local) Rosreestr Office on an extraterritorial basis (remotely).

Applicants are exempt from paying state fees.

Rules for drawing up an application

Someone is raising funds to buy a piece of land to build a house or a garden, while others want to get rid of the existing plot and the obligations associated with it.

After all, you need to take care of the land and pay taxes for it. If there are no plans for a land plot, it is easier for many to resolve the issue of giving up a share of the plot or the entire property.

To refuse, you should contact the municipality or the Rosreestr branch, depending on how the plot came into ownership. The application is drawn up according to the established rules:

It can be typed on a computer or written by hand.
To draw up a document, you should use a standard template, which is not difficult to find on the Rosreestr website or on one of the legal websites.
If you need advice on abandoning land, you should contact an experienced lawyer.
At the beginning of the application is the name of the authority to which it will be sent.
Then follows the applicant’s full name and his contacts and address.
The main part of the document is land data. It is necessary to describe the location and area of the plot. Indication of the reason for abandoning the land is not required.
The following is a list of documents that complement the application.

There are samples of this paper, from which it is not difficult to create your own version of the application. The main thing is that it contains truthful, accurate data.

What package of documents must be submitted along with the application?

Required documentsthat are attached to the application:

1. For individuals:

— a copy of the citizen’s identity document (passport);

— cadastral passport for the land plot, if it was previously issued;

- documents confirming ownership of the land plot (for example: certificate, extract). If the right to a land plot is not registered in the Unified State Register of Real Estate, then the provision of the specified document is not required;

- documents confirming the presence of a real estate property on the land plot (for example: BTI certificate, certificate of registration of ownership, extract).

2. For legal entities:

— documents confirming the authority to act on behalf of a legal entity (notarized power of attorney, decision of the founders (founder), extract from the Unified State Register of Legal Entities);

— copies of constituent documents (certificate of registration of a legal entity, charter);

— consent of the meeting of founders (founder) to renounce ownership of the land plot;

— cadastral passport for the land plot, if previously issued;

- documents confirming the presence of a real estate property on the land plot (for example: BTI certificate, certificate of registration of ownership, extract).

Additionally, other documents may be required during the procedure. For example, a notarized consent from the spouse, if the property belongs to jointly acquired property and there is no agreement on the division of shares. If a mortgage or loan was issued for the property upon purchase, then when submitting an application, a certificate of full repayment of the debt and an agreement to terminate the contract with the bank are provided. Without this, the refusal is considered invalid due to the existence of debts against third parties and the presence of debts to pay the redemption price.

It should be remembered that if a real estate object (house, or other building) is located on a land plot, then the waiver of rights to the land plot simultaneously applies to such a real estate object, that is, it is impossible to retain ownership of the real estate object, any compensation for the object real estate is not paid (paragraph 2, part 4, article 35 of the Land Code of the Russian Federation).

The period for consideration of the application is 1 month, a copy of the decision based on the results of consideration of the application is sent to the applicant within 3 days from the date of its acceptance.

Important nuances

The procedure for renouncing land ownership is generally quite simple, but there are some nuances here. In particular, the fact of the presence of buildings of any purpose on the site is a controversial issue. In such a situation, in order to avoid disagreements with the authorized bodies, it is best to seek advice from a specialist competent in this matter.

According to Art. 35 of the Land Code, the alienation of land is unacceptable without buildings located on its territory, if they belong to the same owner and generally exist. In other words, if there are buildings for various purposes on the site, the refusal also applies to them. It will not be possible to get rid of the land while retaining ownership of the house.

In addition, the abandonment of possessions does not imply the removal of obligations to pay taxes for a building erected on the territory. A citizen must pay the established amount until the construction becomes the property of another person.

Termination of ownership of a land plot

Relinquishment of ownership of a land plot is subject to state registration and terminates from the date of state registration of the renunciation of ownership of a land plot (Article 56 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”).

Now the former owner of the land plot (share) is exempt from paying land tax and loses the right to own, use and dispose of the land plot (share).

The land plot (share) becomes the property of a constituent entity of the Russian Federation or a municipal entity.

Necessity

It is not always possible to deal with land plots. For example, there may simply be no interest in such real estate or plans for it. Maybe there is simply no time to deal with the plot or it does not meet the needs. Regardless of whether the owner uses his property or land, the tax office will charge land tax.

IMPORTANT! In order not to pay money for unnecessary property, it is easier and more rational to refuse it. It is not always possible to sell land; sometimes it is even difficult to find a buyer.

If buildings are erected on the site, the owner must take into account that they will also need to be abandoned. It may be easier to pay taxes and maintain the land.

Changes to the Land Code

Land legislation is regularly updated and may undergo changes in some areas. But on the issue of abandonment of land, no changes have been noted in recent years.

As before, you need to write an application to Rosreestr or the municipality, wait for a decision, and check that, according to Rosreestr, the land is registered in the name of the state.

When the former owner changes his mind, he can return the property in the form of a plot of land within a year.