Causes
First, you need to understand what is meant by the status of an object being cancelled. First of all, it means deregistration of real estate from the state register, that is, cancellation of all data on a land plot from the cadastre service. Also, all information about the land will be canceled from the cadastral map. This happens in several cases:
- According to the law, if a plot of land was registered with the cadastral authority more than two years ago, but the owner has not officially registered the right to property during this period of time, then information about it is canceled and deleted from the state cadastre.
- If the land plot was registered after March 1, 2008, then it had a temporary status, as determined by this legislation. If rights are not registered within a two-year period from the date of registration, then the object assumes a canceled status.
- If the address of the land plot has changed, as well as the description of its location.
- A plot of land was combined or divided with neighboring plots.
Parts of the land plot also undergo this procedure. Information about them may be excluded from the state cadastre one year after their registration.
Cancellation of these parts of a land plot does not mean that all information about the plot of land itself will be deleted. They will only acquire current status, and its characteristics and area will remain unchanged.
After the entry is deleted from the state register, the plot becomes unaccounted for, which prevents the registration of ownership rights to it . After all, their registration for real estate that is not listed in the state register is impossible.
The validity period of all data entered into the state register can be suspended only if a judicial act is drawn up on the land plot.
What does the status of a land plot canceled mean?
If the situation described above happened to you, it means that your plot was listed as temporary in the real estate cadastre. Why does the canceled status of a land plot arise?
- According to the legislation of the Russian Federation, if a land plot was registered more than two years ago, and the rights to it are still not officially registered, information about such a plot is canceled and their state real estate cadastre is deleted.
- If a land plot has received canceled status, this means that it was registered with the state cadastre later than March 1, 2008. That is why it was temporary, as determined by current legislation. Given this fact, within two years from the date of registration it is necessary to register the rights to this land plot. If this does not happen, the body responsible for cadastral registration, acting on the basis of the Law “On the State Real Estate Cadastre”, which was adopted on July 24, 2007 under No. 221-FZ, undertakes to cancel information about such a plot.
In other words, if you have any rights to a land plot (for example, you use it as a lease), and it was registered with the cadastral service later than 03/01/2008, but you have not carried out state registration of the right to this plot of land in the appropriate body, which is the Office of the Federal State Registration Service, then information about your site will be canceled after 2 years.
Important!!! If you do not know the exact date of registration, it is very easy to find out. This information is indicated in the cadastral passport: in paragraph No. 6 on the first sheet of the document.
You need to understand that parts of the land plot can also undergo the cancellation procedure. Information about parts of a real estate property may be excluded from the state cadastre after one year from the day the parts of the property were registered. If information about parts of a plot of land undergoes the cancellation procedure, this does not mean that information about the plot itself will be deleted. They will be kept up to date in the real estate cadastre. As a result of the cancellation of a part, the existence of the plot of land as a whole cannot be disputed. Also, its characteristics do not change, including its area.
An allotment whose entry has been deleted from the state real estate register is considered unaccounted for. And here a problem arises with the registration of proprietary rights to such property, since it is impossible to register rights to real estate that is not included in the state register of real estate.
If, on a plot of land that has a temporary status, there is a judicial act that contains the necessary instructions, then the validity period of all data entered in the state register can be suspended for a time, terminated or extended.
What to do
After deleting a cadastral record of real estate, the question arises: is it possible to re-register the property, and how to restore the cadastral number? In this case, you can register the plot of land with the state cadastre again.
ATTENTION! Information about it can be restored to the state register only if its cancellation had no legal grounds. In this case, the number in the cadastre is also restored.
The procedure required to re-register a land plot with the state cadastre:
- Contact the body that is authorized to handle state registration of real estate.
- Submit an application requesting re-registration of a plot of land.
- A land surveying plan is attached to the application. To complete it, you need to contact an engineer who can solve cadastral problems and correctly uses the data on the basis of which the land plot was registered for the first time. That is, re-determining the coordinates, as well as the boundaries of the earth, will not be required.
After a new registration with the cadastral authorities of the property, it will be assigned a different cadastral number, different from the one it had before the cancellation procedure.
At the owner's initiative
There are situations when a decision regarding deregistration in the cadastre is made not only by the bodies of this service. The owner of the property also has the right to delete information about a land plot. Also, this right is possessed by a person who has a notarized power of attorney on behalf of the owner of the land plot.
As for the owners who want to divide the property, the removal of a plot of land from the cadastre will require the consent of all land owners. In this case, the document must be drawn up in writing.
The procedure for excluding data on a land plot from the cadastre is carried out within 18 calendar days. If this period is extended without compelling reasons, it is considered illegal.
ATTENTION! Persons who have recently entered into an inheritance also have the right to cancel data on a property.
Package of documents required for deregistration of a property:
- Applicant's passport details.
- The original document, including its copy, which confirms the right to ownership of the property.
- Cadastral plan.
- A copy of the land survey report.
- Statement.
All documents, with the exception of the deed, must be available to the owner of the site. The act will need to be received.
This form will certify information that will be the basis for canceling data about it from the state cadastre. It is compiled by a qualified engineer.
The document is signed by a BTI employee, who must have a certificate, otherwise his signature will be invalid. The document must be signed in the presence of an authorized body. If all actions are carried out on the basis of a power of attorney, then it must also be attached to the package of documents.
As a rule, the applicant does not have to fill out anything. Basically, all information is entered by an employee of the organization into a special form, which the applicant must carefully check and sign.
Preparatory stage
The organizer of the first stage is the owner of the site.
- The customer is looking for specialists who provide these services. Finds out detailed information about them: equipment used, quality of work (percentage of errors in completed work), prices.
- Concludes an agreement with the contractor, which describes in detail the terms of the transaction.
- Prepares and submits the required package of documents to the contractor (cadastral engineer).
During the preparatory work, the following documentation is collected and studied - land title documents, territorial land management project, urban planning documentation, cartographic materials and other documents. The addresses of persons whose interests may be affected when restoring the boundaries of the land plot are also collected.
Coordination of the restored boundaries with the interested party is mandatory if the boundary is adjacent between the plots of two owners. During the approval process, interested parties provide the cadastral engineer with documents identifying them and confirming their rights to the relevant land plots.
Field stage
After carefully studying the received documentation, the cadastral engineer begins practical work to restore the boundaries. The extract for the site provided by the customer indicates its coordinates. From them, using special equipment, turning points are determined.
Turning points indicate the direction of travel from each site boundary. These points are fixed with the help of boundary signs - special identification elements that may later be needed again to determine the boundaries. Boundaries on a land plot are established subject to the technical conditions and requirements approved by Roszemkadastr.
Office stage
After the boundaries are fixed directly on the land plot, the contractor draws up the necessary documentation. This includes a photo report of the work performed, as well as an act of placing boundaries on the ground. Based on the act, the owner can register the plot with restored boundaries in Rosreestr.
The cost of work for each site will be individual, as it depends on the area of the land, the number of points that need to be taken out, as well as on the price list of the selected contractor.
Procedure
Step-by-step instructions include the following steps:
- Filling out an application containing a request to remove information from the state real estate cadastre, as well as the reason why the real estate is deregistered.
- Submitting an application form to the MFC authorities. It is also necessary to attach a paper that confirms the right to own the property and a cadastral plan.
The application must be registered on the day it is submitted. Based on these papers, the authorized body must provide a receipt indicating that it has received a list of documents.
The decision to remove a land plot from state registration must be made within 18 calendar days. Upon completion of this period, the applicant is issued a response.
IMPORTANT! If a decision is made to refuse the service of canceling information about a land plot, then no later than the 19th day the authorized body must notify the applicant of this fact with a mandatory indication of the reason for the refusal.
Cancellation of a cadastral number due to lack of registration of rights // Who is to blame?
According to Part 4 of Art. 24 of the Federal Law of July 24, 2007 No. 221 “On the State Real Estate Cadastre”, if, after 2 years from the date of registration of a land plot with the state cadastral register, state registration of the right to it has not been carried out, information about such a land plot is canceled and are excluded from the state real estate cadastre.
Thus, land plots, the right to which is not registered, lose their temporary nature from the date of state registration of the right, or state registration of the lease of the land plot.
We have a paradoxical (or maybe not) situation when the lease of a forest plot is registered, but the cadastral number is still cancelled.
In 2008, a lease agreement for a forest plot was concluded with the Forestry Committee. In fact, it was a lease of part of a large forest plot, which had its own number in the forest register and had a cadastral number. The agreement was registered with Rosreestr.
Since one of the purposes of the lease was to transfer land to another category, in 2009. the leased plot was registered in the cadastral register and was assigned a new cadastral number and a cadastral passport was issued.
In this regard, an additional agreement was signed with the Committee, the agreement was stated in a new edition, the layout of the site was changed (without changing the area), the subject was changed in terms of the new cadastral number.
Thus, from the date of registration of the additional agreement, the relations of the parties were no longer directed towards the original plot (as part of a larger one), but towards a specific plot with its own ID number.
Now we find out that in 2011. (exactly two years later) The Cadastral Chamber canceled the cadastral number received because it did not have information about the registration of the lease in relation to it.
Rosreestr says that it has not received information about cadastral registration and does not know anything about the registration of leases in relation to the new cadastral number. It turns out that Rosreestr is not at all interested in what is written in the contract and what it registers.
We have in our hands a cadastral passport (where the cad. number is indicated), a registered agreement and an additional agreement to it, where the cad. number is also indicated. Why can't government agencies connect these two documents?
It turns out that Rosreestr is not at all interested in what is written in the contract and what it registers, since it cannot read what is written and compare the two documents. Is this a bad job of Rosreestr and the Cadastral Chamber or a defect in the description of the changed subject of the contract?
Of course, I can only get all the answers to my questions in court, since this is the only way to restore cadastral registration. Moreover, there is positive practice of arbitration courts. But this is time and money, although invaluable for your own experience.
But at the same time, I would like to understand for the future how mutual information is provided within one government body and how to prevent further violations.
If anyone has encountered similar actions of cadastral chambers, I would welcome opinions and experience.
Reasons for refusal to cancel
The service of retrieving information about a property may be refused for several reasons:
- A plot of land is not an object of ownership.
- The application was written incorrectly.
- The form of the documents provided does not meet the requirements of federal law.
- The immovable property does not belong to the transformable property and therefore, on the basis of legislation, cannot be deregistered.
- 3 months after the decision to suspend state registration, the reasons that became the basis for this decision were not excluded.
A written refusal must be provided explaining the violation. In the future, it can be challenged in court.
By court decision
According to the Civil Code of the Russian Federation, if the cadastral service refuses to provide the deregistration service, the applicant can file a claim with a judicial authority. You will also need to collect the necessary list of documents and pay the state fee.
Within 30 days from the moment the claim was drawn up and filed, the court must familiarize itself with the case. If it is accepted for consideration, then a trial is scheduled, where a decision is made in favor of one party or another.
In order to avoid the situation of cancellation of a land plot, it is necessary not to delay registering it with Rosreestr, so as not to bring the matter to trial in the future.
Other recovery methods
Below we will consider options for recovery through the MFC and by filing a claim with a judicial authority.
Contacting the MFC
This method can be used by owners who have registered their real estate in the Russian Register. To check the place of registration of the decree, you must request an extract from the Unified State Register. Information will be contained in one of 3 extracts: on the land, on the transfer of rights, on the applicant’s rights to the plot. To obtain one of these statements, the interested citizen needs to contact the MFC along with his passport.
To receive an extract, you will need to pay a state fee. For individuals - more than 200 rubles, for legal entities - more than 300 rubles.
If the application is submitted in accordance with the form established by law, its consideration will not take more than 5 days. If the information is confirmed, the corresponding column will display information that the plot has been registered and all the owner’s data.
Please contact the MFC with the following package of documentation:
- application for a new certificate;
- Russian passport;
- power of attorney, if a specific person acts on behalf of the owner;
- duty payment receipt.
Re-issuing a cadastral passport for a land plot to a legal citizen will cost 1 thousand rubles, and to an ordinary citizen = 350 rubles. The document will be issued within 10 working days.
Filing a claim with a court
If for some specific reason it was not possible to restore documents through the registry or MFC, this can be done in court. This option can be used by those owners who have registered real estate, but the responsible authorities refuse to receive a duplicate.
Note! If the real estate is not registered as a property, a claim is filed with the judicial authority on the basis of recognition of the right of ownership of the territorial allotment. After a court ruling is made, the site is subject to mandatory registration and subsequent receipt of all supporting evidence.
To defend their interests in court, the owner must perform the following actions:
- File a claim.
- Collect a set of documentation.
- Pay the state fee.
- Send all collected papers to the court and personally attend the meeting.
After the judge decides to recognize the rights to the property, the plaintiff will be given a copy of the document. Here, too, you cannot do without paying state duty. So, the cost for individuals = 2 thousand rubles, and for legal entities = 22 thousand rubles.
Further actions: contact the Rosreestr in order to formalize legal rights to real estate. You must have with you a court order, a receipt for payment of the duty, a personal passport and an application for registration of the territorial allotment.
If you do not have enough personal time to restore the cadastral document, you can do this through a representative. A power of attorney is required for this. Write in it that I trust such and such a person to receive documents, his passport details and other information. But it’s better if it’s a certified lawyer; he won’t have to say anything, since he regularly encounters such situations.
