How to register a garage and the land underneath it as property if there are no documents?

Concept of land

According to the Civil and Land Code of the Russian Federation, a land plot means a real estate object that has certain boundaries, as well as an area. In addition, it has a specific purpose (for example, for construction).

All land in our state is divided into the following categories:

For use for individual, residential, industrial construction . Its circulation is not limited, and any individual or legal entity can obtain ownership of it by completing the necessary documents.
For use for agricultural needs . This purpose of the land gives it a special legal status, on the basis of which it can be used only for agricultural purposes, that is, to grow various crops and engage in livestock farming.
Land whose turnover is limited . These are areas recognized as nature reserves in accordance with the procedure established by law, have mineral resources in their depths, and are also of a strategic nature (military and other objects of defense significance are located on such land).

The Land Code of the Russian Federation provides for the possibility of changing the intended purpose of land. That is, upon adoption of the relevant by-law (Government Decree, Order or Decision of municipal authorities), for example, agricultural land can receive the status of developable land, or vice versa. Based on the same legal mechanism, for individual areas under the moratorium, it can be lifted with a change in purpose.

Based on this, only those land plots on which a moratorium has not been imposed can become the property or use of a legal or natural person.

The right of use means the ability of citizens to own a plot of land on the basis of a lease agreement. That is, they are not the owners of such real estate, but only use them.

The right of ownership means the ability of citizens to fully dispose of land plots (sell, donate, pledge). Such a right arises only during privatization or purchase and sale.

Important to remember!
According to the Constitution of the Russian Federation, foreign citizens and legal entities do not have the right to register Russian land as their property.

What is a land plot without documents?

All land plots must have mandatory technical documentation. According to the Land Code, as well as the Federal Law “On Privatization,” citizens have the right to register land as their property only after a certain period of use (at least 3 years).

This can happen in two ways:

privatization , that is, initially a person must use the land plot for some time, having received it for individual construction or agricultural work;
purchase and sale , when land is purchased from municipal authorities or other citizens, land owners.

In this situation, you need to understand that the land, the circulation of which is permitted, is owned by municipal authorities, and they give permission for its sale or lease. Moreover, each land plot must have technical documentation, which will be discussed below.

The next point that must be paid attention to is that before registering a plot, a citizen or legal entity must use the land.

Use occurs on the basis of a lease agreement.

There are two types of rent:

fixed-term , that is, a land property is transferred to a specific person for use for a certain time (3, 5 years), for a specific purpose (for example, building a house, or conducting agricultural work);
indefinite , that is, the plot is given for indefinite use, and there is no need to renew the lease agreement, unlike the first option.

If a land plot has passed into the right of use of a citizen through squatting, or has not been formalized by the relevant administrative acts, it is considered ownerless and must be returned to the ownership of the municipality or to the legal use of the person.

Such legal situations often occur in our country, since according to statistics from the state register, as of 2021, only 50% of the land is registered.

Naturally, the concept of squatting (illegal use) implies full disposal of a land plot, without any documents.

It is interesting to know that until January 1, 2021, land surveying for individuals is completely free and is carried out at the expense of municipal authorities.

What documents must be available for a land plot?

Before we move on to considering the issue of registering land plots without legal documents, we need to consider the issue.

What papers should be available for any plot of land:

Lease agreement , if the plot was transferred for use by municipal authorities on land issues. As stated above, it can be urgent or indefinite.
An extract from the special land register of the municipality , village councils, if the land was issued without a lease agreement. This usually applies to village estates, as well as residents of the private sector who have homeownership.
Technical documentation . This is a detailed plan of the land plot, a document on the survey carried out, and aerial photography.
Certificate of assignment of cadastral number , on the basis of which the land plot is entered into the state register.
An extract from the state register , which indicates that the site is in the use or ownership of a person.
If there are buildings or households on the land , then a technical passport for these buildings.

It is on the basis of these papers that any individual or legal entity will be able to register the land as their property.

It is interesting to know that according to the Land Code and the Law of the Russian Federation “On Privatization”, any citizen of our country has the right to receive a plot of land as their property free of charge. If he took advantage of this opportunity and privatized the land, then he can only buy the following plots from municipal authorities.

How to prove that the land is yours?

An extract from the household register is a kind of evidence that a citizen has the right to a land plot. This document is the basis for state registration of property rights if the land plot was provided to the applicant before the entry into force of the Land Code of the Russian Federation, that is, before October 30, 2001, and is intended for personal farming. In this case, property rights can be registered in a simplified manner - according to the so-called “dacha amnesty”.

Often, when wanting to formalize ownership, citizens are faced with the problem of the absence of any title documents for the land, since the papers have been lost over the years. The easiest way to get at least some kind of supporting document in rural areas is to take an extract from the household register. However, problems arose here - the extract was issued only to the person who was indicated on it as the actual owner, and often this was the previous owner of the site, and not the current one.

In 2007, the legislator significantly simplified the procedure by allowing applicants to register ownership of land plots using documents confirming the ownership of the previous owner. This is possible if the property located on this land plot is owned by the “current” copyright holder (this is confirmed by the purchase and sale agreement or other documents). But, unfortunately, until May 2012, only the previous owner of the land plot could receive an extract from the household register.

To eliminate this barrier, in May of this year, Rosreestr approved a new form of extract from the household register, which provides for the possibility of its registration not only in relation to the “current” legal holder of the land plot, but also in relation to the previous owner of the property located on this plot.

An extract from the household register is issued by the local government body at the location of the land plot. It indicates the full name, residential address and passport details of the applicant, information about who owns the plot, indicates the type of right, area, address and category of the plot, details of the household book and the document on the basis of which an entry is made into it indicating that the citizen has the right to land plot. If the extract is issued in the name of the previous owner of the land plot by its current owner, the details of the identity document and residential address are not indicated.

An extract from the household register is issued free of charge. You will only have to pay a state fee of 200 rubles for simplified state registration of an individual’s ownership of a land plot intended for personal subsidiary farming, dacha farming, vegetable gardening, horticulture, individual garage or individual housing construction.

Registration of ownership of a land plot for which there are no documents

Having figured out what documents are necessary for the land, you can move on to the question of how to register a plot for which there are no documents.

Let's look at the step-by-step design instructions:

The first thing the owner of such land should pay attention to is its status. It should be noted right away that if a moratorium is imposed on the site, then there can be no talk of any registration. You can obtain such information from the territorial state register authorities by submitting an appropriate application, or from multifunctional centers (they do not operate in all regions). Also, such information may be available in village councils.
The next step is consultation with municipal land authorities or rural administrations (depending on the location of the land plot). It is imperative to agree on this issue with them and obtain a list of documents necessary for further registration of the site.
If everything is in order with the intended purpose of the land, then you need to prepare to prepare technical documentation for it. This includes aerial photography, land surveying, and assignment of a cadastral number. Technical documentation is prepared only by land surveying engineers of Rosgeocadastre, or those who have the appropriate licenses.
After preparing the technical documentation and receiving it in your hands, you must check that the land plot is included in the state register and has been assigned a cadastral number. Such a certificate can be obtained by submitting a written request to the multifunctional center or the state registry.
The next step is submitting the application and all collected documents to the municipal authorities that are responsible for land issues, or the rural administration. The latter consider such an application within a month and give permission to register ownership or use of the land plot or refuse it.

If there is a cadastral file for the plot and it is included in the state register, then there is no need to make new documentation. It is enough to apply to the territorial land management authority (geocadastre) and ask for an extract from the cadastral file, or a certified copy thereof.

Now let's consider the question of what should be written in the application and what documents are attached to it. The application is written by the citizen addressed to the head of the municipal body or village council. It indicates how long a person has actually been using the land plot, its cadastral number, area, size and location (address).

The application is accompanied by an extract from the state register, which indicates the cadastral number of the plot, as well as its intended purpose, technical (cadastral file), a copy of the passport of a citizen of the Russian Federation, as well as a receipt for the obligatory payment of the state fee (about 1000 rubles).

It is important to remember that if municipal authorities or rural administration refused to legalize a land plot that is in use, their decision can be challenged in court.

The procedure for acquiring rights to a site in the absence of documentation for it

Registration of land ownership without documents can be carried out when there is a house on the site that is the applicant’s own property.
The whole process will consist of the following steps:

Submit an application to the territorial service dealing with land management issues, attaching the necessary documentation, including an extract from the cadastral plan. It must contain information about:

About the date and person who received the allotment;
The circumstances of the extradition known to the applicant;
Cadastral and technical parameters of the land, location address;
The period of fair use of it, references to the payment of appropriate taxes and other ways of responsibly maintaining the property;
Presence of capital buildings;
Explanations of methods for using the site.

At the end, it is necessary to state a request for the issuance of a title deed regarding the legal ownership of the site.

The commission determines the possibility of transferring the object, as well as whether it is free. Based on the results of the inspection, it is presented to the property free of charge or through sale for a fee.
After signing the relevant agreement, registration steps can be taken to transfer ownership to the applicant. To do this, you must submit an application to Rosreestr and attach the following documentation:

The decision to transfer the area into ownership free of charge or for a fee;
Identity document;
Cadastral passport of the territory;
Receipt for payment of state duty.

The registration process is carried out within a week, and as a result, an extract is issued regarding the registration of the transfer of ownership rights.

If refused, the land user has the opportunity to challenge such a decision in court by filing a lawsuit. If the verdict is positive, the ownership of the plot can be registered with Rosreestr.

If there is no cadastral passport, but the property is registered

To obtain it you will need to do the following:

Order cadastral documentation from the MFC or Rosreestr. When submitting an application, you must submit a payment document certifying payment of the state fee. When filling it out, you need to provide the exact address of the plot’s location. The fee for citizens is 200 rubles, for companies – 600.
Receive a receipt confirming the acceptance of papers accepted for work. Five days after submitting the application, you can pick up the cadastral passport.

If the site is not registered in the state cadastre

The registration procedure will begin with:

Carrying out topographic surveys of the land area. It can be performed by specialists from a geodetic company.
Carrying out land surveying, that is, establishing the boundaries of the object being designed. An agreement is concluded with land managers to carry out such work. Based on the survey results, an extract is prepared within 45 days from the date of submission of the application.
The completed documentation must be submitted to the MFC or the Cadastral Chamber to receive a passport.

Some nuances

The first thing you need to pay attention to is that it is easiest to register a plot of land on which a residential building and outbuildings are built. If you register agricultural land, you may get a refusal.

The next nuance lies in the legislation. Until the end of December 2017, regulations are in force that allow all land plots to be registered as property without land surveying. Since January 2018, the land surveying procedure is mandatory and becomes paid.

Another nuance is a small legislative loophole that allows you to register ownership of a land plot without documents through the court. You can file a claim in court for recognition of ownership rights on the basis of constant use of the land over the past 15 years. This is the so-called property that does not belong to a person, but he has received ownership rights to it due to the fact that he has been constantly using it over the past 15 years.

Persons who register land without documents must pay the entire cost of geocadastral work. This is about 10-20 thousand rubles, depending on the region.

It is important to remember that registering a land plot is a labor-intensive process that requires a careful approach to collecting all documents.

The procedure for registering land for which there are no documents is provided for by current regulations. If you follow the tips and recommendations given above, this can be done with minimal financial losses.

Video on how to register land ownership

How to legalize a land plot

As a rule, the case is resolved in court in the case where government authorities have refused to register the land plot to the applicant. In order to challenge the decision of the executive authority, it is necessary to draw up a statement of claim and submit it to the court at the location of the real estate. The statement of claim must indicate on what basis you are using the land plot, how long you have owned it, and on what basis you are requesting recognition of your ownership of this land plot. The statement of claim must be drawn up in a reasoned and competent manner. The procedural document must contain references to the norms of current legislation governing controversial legal relations. It should be noted that legal disputes are not always resolved in favor of the plaintiff. In order to significantly increase your chances of a positive outcome of the case, enlist the support of an experienced lawyer.

provides legal assistance to citizens and organizations in resolving land disputes. Our company's lawyers have a narrow specialization in land law. Our experienced lawyers will help you protect your rights and register the land as your property. Contact us by phone: +7 (495) 510-77-28.