The Law on State Registration provides that a land plot registered in the manner prescribed by the legislation of the Russian Federation before March 1, 2008, may be removed from cadastral registration if information about the owner of such a plot is not available in the Unified State Register of Real Estate.
Before removing such a land plot from cadastral registration, Rosreestr sends notices to the copyright holders of the original land plot (the plot from which this plot is formed) or to the copyright holders of real estate located on the land plot that, if within six months the rights to the land plot are not will be registered, such a plot will be removed from the cadastral register. If there is no information in the Unified State Register of Real Estate about the copyright holders of the original land plot or real estate objects located on the land plot, a request for the availability of title documents for the land plot and the grounds for delimiting the ownership of it is sent by Rosreestr to the authorized bodies and organizations. If Rosreestr receives a notification that there are no grounds for delimiting the ownership of such a land plot or title documents issued to other persons, or such notification is not received within three months from the date of sending the request, the land plot is removed from the cadastral register. If the owner of a garden plot of land has an old certificate of ownership, issued, for example, in 1995, and information about such a plot of land (as previously registered) and its owner is entered into the Unified State Register of Real Estate on the basis of such a certificate, the grounds for removing the land plot from There is no cadastral registration. If there is no such information in the Unified State Register of Real Estate, but the ownership of a garden house located on such a plot of land was previously registered, the registration authority sends a notification of the need for registration to the postal address of the copyright holder of such real estate or his email address (if such information is in the Unified State Register of Real Estate). rights to land. If within three months from the date of sending the notification the right to such a land plot is not registered, it will be removed from the cadastral register. If the Unified State Register of Real Estate does not contain information about both the land plot and its legal owner, for example, when the owner did not apply for the inclusion of information about a previously registered land plot in the state real estate cadastre (before January 1, 2021), then such a land plot cannot be removed from cadastral registration. In accordance with Art. 69 of the Law on State Registration of Rights to Real Estate that arose before the date of entry into force of Federal Law dated July 21, 1997 N 122-FZ “On State Registration of Rights to Real Estate and Transactions with It” are recognized as legally valid in the absence of their state registration in the Unified State Register of Real Estate . State registration of such rights in the Unified State Register of Real Estate is carried out at the request of their owners. At the same time, registration is required when registering the transfer of such rights, their restrictions and encumbrances on real estate or a transaction with real estate completed after the day the Federal Law “On State Registration of Rights to Real Estate and Transactions with It” came into force. In order to verify whether there is information about the owner of a previously registered land plot in the Unified State Register of Real Estate, you can request an extract from the Unified State Register of Real Estate about the property. This can be done via the Internet by filling out the necessary data on the official website of Rosreestr or by contacting the MFC, regardless of the location of the property. In the line “Special about state registration of rights to real estate and transactions with it” real rights to a land plot recorded in the state real estate cadastre before the Law on State Registration came into force.
Lifetime inheritable ownership of property
Lifelong inheritable ownership of land.docx Do citizens need to re-register a plot of land into ownership received as lifelong inheritable ownership?
A large number of citizens of our country at one time received a plot of land on the right of lifelong inheritable ownership. Now they are concerned with the question: is it necessary to re-register land plots?
Possession of a land plot by right of ownership presupposes the ability to fully and at one’s own discretion exercise the rights of ownership, use and disposal of the land plot; all other rights to land imply some restrictions in the exercise of these rights. Land plots granted for lifelong inheritable ownership are owned by someone else—the state or a municipality. In accordance with Art. 265 of the Civil Code of the Russian Federation, a person who is not the owner of a land plot exercises his rights of ownership and use of the plot on the terms and within the limits established by law or an agreement with the owner. The owner of a land plot who is not the owner does not have the right to dispose of this plot, unless otherwise provided by law or agreement.
Before the new Land Code came into force in the Russian Federation, there was such a thing as “lifelong inheritable ownership of a plot of land”
. These land legal relations have been preserved since Soviet times. Citizens were given the opportunity to use plots of land indefinitely without registering ownership. On a plot of land, it was legally permitted to erect and construct various buildings, outbuildings and other structures, and the rights to this plot could only be transferred by inheritance.
However, the very right of ownership to such plots of land, given for lifelong inheritable possession, belonged to the municipality or the state. Land owners who have the right of lifelong inheritable ownership of their plots could not carry out any legal actions and transactions with such land. They were prohibited from selling, exchanging, donating, or making other legal transactions with the land in their ancestral possession.
According to today's land legislation, citizens are no longer provided with plots of land on the basis of the rights of lifelong inheritable land tenure
.
Meanwhile, persons who received land as inheritable possession for life even before the introduction of new norms of land law, that is, before the Russian Land Code came into effect, still retain this right. The ability of citizens to transfer received plots of land by inheritance has also been preserved. Modern land legislation of the Russian Federation is aimed at the gradual elimination of the right of lifelong inheritable ownership from land legal relations.
What is special about lifelong inheritable land ownership?
Lifelong inheritable ownership of a plot of land is a kind of land ownership that has certain restrictions. The presence of a citizen with a certificate confirming his right to lifelong inheritable land ownership of a plot of land greatly facilitates the possibility of further registration of ownership of such plots.
If the ownership right is not properly registered, only possession and use of a plot of land is allowed. The owner of a lifelong inheritable possession of a land plot has no right to dispose of land, with the exception of transferring such a right to the corresponding plot by inheritance. In the latter case, state registration of transferable rights by inheritance is carried out on the basis of a registration certificate on the right of the citizen-heir to inheritance.
The landowner of such plots of land also has the right to erect buildings, structures on them or create other real estate on the site with subsequent registration of the resulting ownership rights to these erected objects. In general, the procedure for using land plots by the legal owner is similar to the legal procedure for using plots granted for permanent use. It should be noted that, according to the law, only individuals can be holders of the right of lifelong inheritable ownership.
Registration of ownership
Just two basic documents of title are enough to register ownership of a land plot received by a citizen under the right of lifelong inheritable ownership.
First, you need to provide a certificate of the right to lifelong inheritable ownership of a plot of land
. The certificate is issued by the administration of the municipality where the plot of land is located. Or a certificate certifying the named right to land, issued to a citizen by the Department of Land and Property Relations at the territorial location of this plot of land.
Secondly, a Cadastral passport
to the corresponding land plot.
Is the land itself subject to inheritance?
According to Article 1181 of the Civil Code, the rights of lifelong inheritable ownership of plots of land belonging to the testator are included in the inheritance and, accordingly, are inherited on the general basis determined by civil legislation. No special permission is required to accept an inheritance, of which the above-mentioned right is an integral part.
To register a transferable right of land ownership, you must have an appropriate certificate that officially registers the right to inheritance. The heir has the right to obtain such a registration certificate by submitting an application to a notary or other competent person authorized by law to perform notarial acts at the place of opening of the inheritance.
The said registration certificate can be obtained six months after the opening of the inheritance, which included the right of lifelong inheritable ownership of land. The Civil Code provides for cases when such a certificate is issued to applicants before the expiration of the specified six-month period. For example, if there are no other heirs other than those who applied to the notary for a certificate (if the applicant has the necessary documentary evidence).
In what cases is the right of lifelong inheritable ownership of land terminated?
There are three possible grounds for termination of lifelong inheritable ownership of land:
— registration of land ownership;
- refusal of the land owner from the corresponding right to the plot, that is, by the voluntary expression of the owner of the rights;
- compulsory administrative measures taken in accordance with Article 54 of the Land Code of the Russian Federation by an authorized body due to improper use by the owner of a plot of land (for example, misuse or significant environmental deterioration when owning agricultural land, or systematic non-payment of land tax by the landowner, or other violations). To terminate the landowner's rights in this case, an appropriate court decision is required.
Citizens who own plots of land for lifelong inheritable ownership can acquire ownership of them by completing the necessary documentation. Each such landowner has the right to register ownership of the named plot one time free of charge. At the same time, charging any additional amounts of money from him other than the fees established by Russian federal legislation is not allowed.
Registration into the ownership of citizens of plots of land previously allocated to them for indefinite use, inheritable ownership for life, is not limited to any time period. It follows that a citizen who is the owner of a plot of land on the basis of the specified right can at any time register ownership and register his rights to the land with the registration authority located in the area where the plot of land is geographically located. If the copyright holder does not want to deal with the registration of his ownership of the land, then he can continue to use the plot indefinitely and transfer it to inheritance. Registration certificates certifying rights to a plot that were issued to the landowner before 2001, that is, even before the Russian Land Code came into force, are valid.
Branch of the Federal State Budgetary Institution "FKP Rosreestr" in the Republic of Tyva
