Official list of title documents for land and where they can be obtained

What are they for?

In the event that there is a need to transfer the land to another person (for example, for construction), or to carry out legal actions with it, the person must necessarily confirm the fact of legal ownership of the land plot.

Title documents will be required in the following situations:

1. Drawing up a deed of gift.
2. Entry into inheritance in connection with a will.
3. Entry into inheritance in connection with the current priority according to the law.
4. Protection of personal interests relating to property.
5. Registration of purchase or sale.
6. Registration of a mortgage on land.
7. Drawing up a lease agreement.

IMPORTANT !!! As the law says, namely Article 130 of the Civil Code of the Russian Federation, land is real estate, and it follows that its owner must obtain the appropriate documents for it, which will confirm the fact of his legal possession or use.

Results

In order for the package of documents for a land plot to be ready for use at any time and to be able to participate in various legal transactions completely freely, it is necessary to complete it in accordance with regulatory requirements .

If the documents for the right of ownership (use) were issued a very long time ago , this does not matter, since they do not have a statute of limitations. And if the certificate of right of use from the state cadastre was issued more than 5 years ago, it will have to be replaced . All documents reflecting land registration data must correspond to the real state of affairs.

Sample application for the provision of a land plot for permanent (indefinite) use.

What documents are included in the list

If a legal transaction is planned, both the house and the land are planned to be transferred for use to another person, then to carry it out you will need to provide more than one document. Title papers are a set of official statements and certificates, without which it is impossible to carry out registration actions regarding land.

The list of 2021 title papers includes the following documents:

• Certificate confirming that the registration of rights to the land plot has been carried out. You can receive it only after all rights have been registered in Rosreestr.

ATTENTION !!! The certificate includes a detailed description of all technical characteristics of the land. It also indicates who owns what share of the land;

• A document that can confirm that the transfer of property rights to the current owner was carried out in accordance with all legal requirements. Such paper can be of different types, depending on what circumstances contributed to the transfer of rights. For example, in some situations, such a document may be a purchase and sale agreement or a deed of gift agreement;
• A cadastral plan, which describes in detail all the technical details of the real estate - what is its area, where it is located, what it is intended for. Also in the cadastral plan there must be a graph indicating the boundaries of the land plot. The cadastral number is another important part of the cadastral plan. These numbers indicate a unique number, which, when decrypted, can tell about the real estate data;
• An extract from the state register, which can confirm the fact that the land was legally registered as of federal importance.

All of the above documents are very important and their presence is mandatory.

Current title document

The main paper that determines the ownership of any real estate is an extract from the Unified State Register of Real Estate (USRN). Now this document has also replaced the extract from the cadastral passport, as it contains a diagram of the location of the object and its main characteristics.

Just a few years ago, the main document of title was considered to be a certificate of ownership. Many citizens still believe that when registering a land transaction, they should be given this exact document. Although such documents are no longer issued, they continue to be valid upon presentation.

Where can I get all the necessary papers?

Depending on the circumstances under which the property was acquired, the necessary documents may be issued by various authorities. Where can I get it?

The competent authorities in this case are:

1. Rosreestr. It is in this body that the registration of rights to property takes place. When contacting the authority, you must have the originals of all land documents with you.
2. Notary person. You can also obtain the necessary title documents from the notary who executed the transaction, as a result of which the applicant became the owner of the property.
3. Representatives of the partnership. You can contact the management of the partnership if the applicant is a member.

Need

When transferring land between owners, as well as if you want to carry out legal measures with a personal land plot, a person must confirm that he has the legal rights to manage the land. This also applies to the desire to carry out private residential construction.

Providing a list of title documents will be mandatory in the following circumstances:

• execution of a gift agreement;
• inheritance based on a will or in accordance with legal priority;
• protection of property interests in court;
• purchase and sale of land;
• transfer of land as collateral;
• registration of land lease.

Article 130 of the Civil Code of Russia determines that land is real estate, therefore the owner of the plot must obtain documents confirming the legality of ownership and use of a specific plot.

Receive necessary documents remotely

Not only its owner, but also another person who plans to purchase it in the future may want to receive information about real estate. If such a situation arises, the future buyer of the property should find out its cadastral number. If he knows it, then he can get acquainted with the technical data for the object remotely.

To do this you should go through the following procedure:

1. Go to the official website of the USRN.
2. Go to the object data search menu.
3. Enter the cadastral number in the appropriate line.
4. Select the desired object from the list provided.
5. Place an order to receive an extract.
6. Pay the state fee.
7. Read the written response in your personal account on the USRN website.

As a rule, after placing an order to receive an extract, a response will come within 5 days.

ATTENTION !!! If during the search for the required object by cadastral number there were no results, this indicates that the property did not go through the privatization procedure. And if for some reason it was not possible to find out the cadastral number of the property, this means that the property is leased by an individual.

After the electronic statement arrives in your personal account on the Unified State Register of Real Estate, you can view general information about the property.

It provides the following information:

• Where is;
• Square;
• What is it intended for?
• Has privatization been carried out?
• What ownership is it in?
• On what basis was the transfer of rights to the current owner carried out;
• Are there any financial obligations;
• Are there any other encumbrances on the property?

There is another remote way to find out general information about the property you are interested in. This is a public cadastral map. But you can only find out information if you know the location of the object. If so, then the interested person can find the object on the map and make sure that the property that interests him has undergone the privatization procedure.

How are they formed and by whom are they issued?

In the first case, a certificate of land title is issued by the body that allocated the plot of land.
An agreement on the purchase and sale of a plot is concluded between the parties to the transaction and, in general, does not require notarization.

Notarization is required only when concluding a transaction with the property of minors or citizens with limited legal capacity.

Each of the parties to the transaction retains their own copy of the agreement. The gift agreement is drawn up between the donee and the donor and does not require notarization. But sometimes it is better to certify the agreement with the signature of a notary.

Such a measure can protect the donee from attacks from other applicants for the site. After considering a case related to the ownership of this plot of land by a particular citizen, the court issues to the plaintiff a copy of its decision, which can be a document of title.

A certificate of inheritance is issued to the heir after he submits an application to the notary's office six months after the death of the deceased. This certificate may be issued earlier if one heir or all other heirs have refused the inheritance.

Free privatization is possible only for plots received before 2001 and intended for gardening, vegetable gardening, and household farming.

In this case, a document of ownership is issued to the owner by local authorities after submitting documents for privatization.

Form of documents

Documents - grounds must have the appropriate form. Such a document must contain the following information:

• information about the owner (last name, first name, patronymic, passport details);
• type of right to the site (property, easement, ownership rights);
• site parameters (location, dimensions);
• number from the cadastre.

Validity

The validity of documents establishing rights to land is not limited by time, and their legal force does not change over time. This, in particular, applies to documents from the Soviet era, when the state distributed plots of land to workers for free.

For example, in the gardening partnership “Izobretatel”, created in 1990, plots were issued by decision of the authorities of the Zaraisky district in 1989. The title deed was issued in 1993.

And although the certificate indicates its temporary validity, this certificate has been valid for 24 years and on its basis, in 2021, the site was registered and an extract from the Unified State Register was issued.

These documents cease to be valid upon termination of the right to use the site, which can happen during the following operations with the site:

• seizure;
• confiscation;
• transfer to heirs;
• completing a transaction.

If documents are lost or lost, they must be restored. If this is not done, then if a lack of documents is discovered, local authorities may make a decision on the unauthorized seizure of the site (Article 71.1 of the Administrative Code). In the future, the site may be seized and transferred to the administration of the locality.

You can restore documents by searching for copies of them in the local archive. If this does not help, then you need to file a lawsuit. In this case, you must submit all available documents.

The division of debts during a divorce is a very unpleasant and legally complex issue. If a married couple owned an apartment in common shared ownership, then during a divorce it will have to be divided. You can find out how this happens here.

Do you want to get your wife back after divorce? A successful algorithm of actions is described in our article.

About real estate

It is also important to understand that when searching for title documents, we are usually talking about real estate objects. According to the law, these include:

• land;
• Houses;
• dachas;
• unfinished construction projects;
• apartments;
• rooms;
• garage spaces.

Also referred to as “real estate” are shares in the listed objects. This should be understood in order to fully understand that the title papers will be the same for all real estate. You will have to order them in the same places, with the presentation of the same documents.

Legislation on registration of land rights

The owner of the land, in order to confirm his right to use for construction or dispose of real estate, must have legal title and title documents for it.

You can find out the list of documents establishing the right from the provisions of Art. 14 of Law No. 128-FZ (note that No. 122-FZ loses force on January 1, 2021 due to the publication of Federal Law dated July 3, 2016 N 361-FZ. From January 1, 2021, state registration of real estate is carried out in the manner established by the Federal Law of July 13, 2015 N 218-FZ).

The document must contain information about the owner and the main characteristics of the site. According to the given description, accurate identification must be ensured, excluding misinterpretation.

Other articles of the law provide for the preservation of its legal validity without the need for exchange or re-registration, which is required only when making a transaction with re-registration.

You should know that since 2021, with the adoption of Law No. 218-FZ, the registration rules and the registration procedure for entering information into the Unified State Register of Real Estate have changed. The registration of plots, the ownership of which is not recorded in the Unified State Register, is terminated. Such plots are classified as unmanaged and transferred to the municipal fund.

Acquisition through legal proceedings

The list of title documents for a real estate property in a situation of challenge in court includes:

1. For a mortgage borrower, an agreement with the bank is presented, which describes the conditions for processing and repaying the loan. Additionally, documents confirming that payments have been made are presented.
2. When separating property from a joint property, you must show an agreement on the actions being taken with a description of the share (numerical, percentage or natural parts are indicated).
3. When receiving an inheritance, documents confirming accession by will or on the basis of law are attached.
4. When alienation occurs at auction, an agreement is concluded.

In a situation where the right to real estate acquired at a government auction or auction is confirmed, a certificate is issued. It serves as the basis for awarding property to the applicant.