Cadastral fraud: how a landowner can protect his property


Our Serpukhov

Citizens often ask what to do if the certificate is lost. A repeated certificate of state registration of rights can be issued at any time upon the application of the copyright holder (due to damage, loss, etc.) Strictly speaking, only the series and number of the form, as well as the date of issue, will differ in the new certificate. The date of origin of the right itself and the number of the entry in the register about the right will remain unchanged! Therefore, the form number and the date of issue of the certificate, by and large, have no legal significance at all.

Is it possible to complete a transaction with a copy of the registration certificate? Let's say someone used the passport data from your certificate and drew up the text of a purchase and sale (donation) agreement. But without your personal presence at the registration service or without a notarized power of attorney (that is, again without your personal presence at the notary), without the original of the previous title document, it is impossible to register such an agreement. Any other options are pure crime with gross forgery of signatures, powers of attorney, etc. Serpukhov notaries and registrars have not been noticed in anything like this.

When can a deed of gift be invalidated?

A gift will may be declared invalid (in this case there will be no need to challenge the document) in the following cases:

  1. The contract specifies additional conditions for the donation.
  2. The deed of gift is issued to a person from the following list:
      civil servants at the time of performing their main activities;
  3. guardians and trustees of minors and incapacitated persons;
  4. employees of the medical or social institution where the donor was at the time of signing the agreement.
  5. The donor was a legal entity and executed a gift agreement immediately at the time of bankruptcy recognition.

You will find more nuances about canceling an apartment donation transaction in this article.

On what grounds does this happen?

This cannot be done until the death of the donor (provided that he is fully capable). This is his property, and he can dispose of it as he pleases, even if his relatives do not like it.

If the donor has died, and relatives have grounds to challenge his last will, it is necessary to provide compelling evidence that the deed of gift cannot be recognized as valid.

The legality of the donation is disputed in the following cases:

  • at the time of drawing up and signing the document, the donor was already incapacitated;
  • third parties put pressure on the person, actually forcing him to sign a gift agreement;
  • at the time of drawing up and signing the agreement, the donor was in an inadequate state (for example, he was drunk or pumped with potent drugs).

Also, a donation can be challenged as not meeting the requirements of the law (specifically, Article 168 of the Civil Code of the Russian Federation):

  • the donor has disposed of a property with a controversial status;
  • during the donation procedure, the spouse’s permission was not obtained;
  • the property still has owners, and their consent to the donation was not obtained (an important point - if the acquirer was aware of the lack of consent of the co-owners, he is the same violator of the law as the donor, and must be held accountable to the fullest extent, otherwise he is admitted to have been misled);
  • the gift was made after the donor was deceived (often the recipient turns out to be a fraudster).

The imaginary group includes transactions that did not actually occur - despite the gift agreement, the donor continues to use the real estate . A sham transaction is a transaction that is superficially similar to a gift agreement, but has a slightly different legal meaning - for example, an annuity agreement, etc.

Article 177 of the Civil Code of the Russian Federation can also become a reason for declaring a deed of gift invalid.

It states that a person can be fully capable, but at the time of the transaction not understand what exactly he is doing and what consequences it will lead to. Illness, alcohol intoxication - everything that can reduce a person’s adequacy.

Read about the conditions under which a gift agreement is cancelled.

The neighbors are asking for a cadastral number, do I have the right not to provide it to them?

Hello! the neighbor asks for the cadastral number, for what reason, he doesn’t say! Tell me, in what cases can neighbors on a plot of land ask for a cadastral number? and do I have the right not to provide it to them?

There is absolutely nothing secret in this information; the cadastral number is easy to find at the address. By law, information from the state real estate cadastre is publicly available and is provided upon request of any person. Currently, there is even a public map of Rosreestr, where you can view the cadastral map online.

Differences

  • The previously assigned conditional number for the land area differs from the new cadastral number in the number of digital designations. To understand the information each number provides, it is important to know what the numbers mean.
  • The conventional digital designation contained additional signs; they indicated buildings and structures located on the territory. If you know what this additional number means, you can immediately get information about the type of construction.
  • But according to the laws governing cadastral registration, objects on a land plot are registered separately and themselves receive their own cadastral number.

In terms of its reliability, the cadastral number is more accurate . Why is the conditional sometimes incorrect in certain digital notations?

Before registration, all data on the land allotment must be carefully clarified. Land surveying is carried out, boundaries are clarified, documents are prepared, including title documents. Therefore, the information in the cadastral number is more accurate and reliable compared to the conditional one.

Sometimes a conditional number is written even without checking any information about the property. As a result of inaccurate indication of data, the location of the plot according to the conditional number does not coincide with the map, and this leads to big problems during land management or property transactions.

ATTENTION! The difference in data for both numbers confirms the need to register the land with cadastral registration, this will ensure that all information is verified.

The cadastral number is securely stored in the State Cadastre database. The conditional number can be lost without the possibility of recovery, since it was entered in the accounting books, which can be easily damaged.

What can they do if they know the cadastral passport number of my plot?

Good afternoon Can I ask you one small question please! I am selling a plot of land, a potential buyer called and asked for the cadastral passport number for the plot. If I have already given it out of ignorance, won’t he be able to do anything with the site without my knowledge, knowing this number?

“My Law” is a legal portal that provides a free online legal consultation service. You can read legal advice, useful articles, download sample documents and ask a question to a specialist.

Cadastral number - this must be kept secret

Good afternoon, they can’t, the cadastral number is needed to check the legal purity of the property, an extract from the Unified State Register is requested. Moreover, you can find out the cadastral number on a public cadastral map on the Internet, if the plot was registered in the cadastral register.

The cadastral number is the number of your property - it can be a residential premises or a plot of land. Knowing the cadastral number, you can know the location of the object, but nothing more. And therefore there is nothing secret here. And it is impossible to re-register any real estate without your participation and filling out some documents and signing them.

Cadastral number - ideal protection against fraud

  • A cadastral district is a territory, as well as a subject of the Russian Federation, where registration of a given land plot is carried out.
  • A cadastral region is a smaller unit, an administrative territory included in a subject of the country where an even smaller subject of accounting is located.
  • A cadastral quarter is an area that includes small settlements. A smaller accounting unit that contains the object being recorded directly.
  • The most recent value contained in the passport is the cadastral number.

Cadastral number of the apartment at the address online

The unique real estate accounting system in Russia has a special design that allows all interested parties to receive detailed information about the property of interest. The exact cadastral number of the apartment at the online address contains the following information:

Using the cadastral number, you can find the desired object on the public cadastral map. After you enter a unique number, the public map will visually display the desired object. In the future, Rosreestr plans to develop a system that will allow, by indicating the cadastral number, to examine the object of right in 3-D visualization mode.

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Cadastral registration

2) Before starting work on purchasing a land plot, pick up the cadastral passport for the land, carefully (!) Look at what is written in the “Special Notes” column. If there is a dash there, great! The plot is demarcated and can be safely sold. If in the “special notes” column there is an inscription “no boundaries have been established,” this is bad. This means that there are no boundaries on the public cadastral map and in general the site has no boundaries as such. You need to do surveying and surveying. Otherwise, having bought a plot of land with an area of ​​10 acres for your client, which will be written in the Certificate, in reality you risk purchasing him a much smaller area. Then it may turn out that all his neighbors are dissociated and a long time ago “cut off” a little from him on all sides. In land surveying it’s like this: whoever gets up first gets the slippers. This is the principle. If you don't like something, go to court.

Housing identification code - apartment cadastral number: what is it and when is it assigned

  1. View in the cadastral passport. The fastest and easiest way, but the document may contain errors and the code itself may change.
  2. Through the Rosreestr website. You just need to fill out the form on the page and submit your request. The answer will be sent by email.

Citizens who own residential premises in old houses have probably come across the concept of “conditional number”. This numeric code is used to identify the apartment until it is assigned a new cadastral code.

Registration requirements

A plot that is registered with the State Cadastre and has its own individual cadastral number receives an important legal status. The number of the single right object will be maintained as long as the memory exists and is in use. And therefore two identical numbers cannot be assigned to different sections.

The digital designation has great legal significance, as it indicates the address of the allotment, its number in the holiday village or SNT.

IMPORTANT! Uniqueness is one of the main requirements for a cadastral number.

Digital data on the site are presented in the issue in a certain sequence. If you designate the categories of information with letters, the number will look like this - AA: BB: ВВВВВВВ: YYYY.

  • The first digits, element A, indicate the number of the cadastral district. This is a two-digit decimal number.
  • Element B is also a two-digit decimal number, indicating the number of the municipal entity that is part of the subject of the Russian Federation.
  • An indication of a quarter is element B. It is represented as a seven-digit decimal number
  • The number of the decimal memory indicates the element G. This is a four-digit number.

If there is no information about the land, some categories in the cadastral number are replaced with zeros.

How to find out the cadastral number of an apartment

The entire territory of the country is divided into accounting units: districts, districts and blocks [3]. The accounting code numbers consist of four parts. Each fragment carries a certain piece of information that allows the identification of a given object in accordance with the specified units.

When implementing its functions, the state exercises control over various spheres of life of its citizens, takes into account the condition and ownership of their real estate. This function is performed by Rosreestr and its territorial bodies, the Cadastral Chamber.

Why do you need a cadastral number?

A number is assigned to each object in order to make maintaining state records as easy as possible. Control over all lands of the country is one of the main principles of government in almost any country. Therefore, to avoid confusion regarding any legal transactions with real estate, the cadastral number is the main unique code.

All of the information described above is not secret and is publicly available to anyone. However, as you can see, you will not be able to find out the owner’s full name, since personal data is available only to him.

Why does Avito ask for a cadastral number?

Avito recently begun to require the indication of the cadastral number from the person submitting such an advertisement. Previously there was no such requirement. This was done due to an increase in the number of different scammers. A situation arose where no one was actually selling anything, although the Avito website was completely filled with various advertisements for sale.

In fact, agencies that did not have land tested the market for free. Now such market probing will not work. In addition, it will not be possible to sell the same thing twice when submitting advertisements. Antispam has actually been introduced.

Why do you need an apartment cadastral number?

Sometimes you have to restore lost documents. Data may be required when completing a legal transaction. Therefore, if you cannot find information about the number, it is recommended to visit the BTI and send a request to search for lost data.

But there are situations when a number change is carried out. This case includes dividing an apartment into several separate housing units. Then, instead of the old data, two new numbers appear. They will be issued as soon as the owner registers new properties.

Conditional


When the procedure for registering a property, in particular a land plot, with the cadastre begins, it is assigned a conditional number. Later, when registering cadastral documents, a cadastral number will be assigned to the land.
Thus, the same site can have both numbers for some time, this is not considered a violation of the law. Later, only the cadastral number remains, and it is used during any transactions and operations with land.

One number cannot be replaced by another, except in certain circumstances. Such circumstances include dividing a plot into several separate and independent plots or combining several into one plot.

How to change or cancel the cadastral number of a plot

  • Moscow .
  • Saint Petersburg .
  • Applicant's passport and power of attorney to represent interests (optional).
  • An extract from the Unified State Register of Real Estate (it must, among other things, confirm the ownership rights to the applicant’s land).
  • Boundary plan and cadastral passport.
  • The administration’s decision to change the address, transfer land, clarify their intended use.
  • Technical plan for the located buildings.
  • name of the Rosreestr body;
  • the reason that prompted the owner to make changes (what characteristics of the site have changed);
  • information about the applicant;
  • list of attached documents;
  • consent to the processing of personal data;
  • preferred method of receiving a decision on the application (in person, by mail or through a representative).

How to get a cadastral number of a land plot?

To obtain a cadastral number, you must register the land with the cadastral register. If this has already been done, you can find out the number:

  • In the cadastral passport (or extract from the Unified State Register of Real Estate, which has been issued since 2017).
  • If it is not at hand, look at the Rosreestr map (by finding the site on the map or at the address).

Step-by-step instruction

Rosreestr handles cadastral registration of real estate. For this purpose you can contact:

obtaining cadastral documents

  • in person to any territorial office;
  • in the MFC, also in any office;
  • through a representative (you must first issue a power of attorney for him at a notary office);
  • by mail (registered mail);
  • or online (via the Rosreestr website or the State Services portal).

Each of these methods has both advantages and disadvantages. When contacting the inspector directly, he may point out minor errors or clerical errors in the application. Then they can be corrected immediately and without wasting time on resubmission.

On the other hand, there have been cases where employees refused to accept an application without some documents that were not required by law. In addition, you need to come during reception hours, and sometimes you have to wait in line.

The MFC's work schedule is more convenient, but it is not accepted by Rosreestr employees. Post offices often also operate at more convenient hours. In addition, a refusal to an application sent by mail can only be in writing, with justification of the reasons. But copies of documents will have to be certified by a notary, and this is an additional expense.

The application can also be submitted through the Rosreestr website. It is available at any time, all you need is an Internet connection. In general, everyone chooses the most convenient method for themselves based on their specific situation.

The application can be filled out at home (on the computer or by hand) and sent or brought with you. You can fill it out on the spot. As a rule, departments have blank forms and samples for filling out.

To register a plot of land with Rosreestr, you will need the following documents:

documents for the land plot

  • owner's passport;
  • a power of attorney, if he is not the one dealing with this issue, and a passport of the authorized person;
  • a document that confirms ownership of the site;
  • the document on the basis of which this right arose;
  • boundary plan (not required in all cases);
  • receipt for payment of state duty.

Ownership can be confirmed by:

  • certificate of ownership;
  • extract from the Unified State Register;
  • or an extract from the Unified State Register of Real Estate.

Confirmation of occurrence is also required. For this you need:

  • contract of sale;
  • donations;
  • will;
  • resolution of the local administration on the transfer of land;
  • or other similar document.

In general, you will also need a boundary plan. This is a document that shows the boundaries of the site, calculations and justifications.

But it is not needed if the plot was purchased or received in perpetual possession before the Housing Code came into force (that is, before March 1, 2015).

An extract from the Unified State Register is provided by Rosreestr at the request of the owner of the plot. The certificate of ownership and an extract from the Unified State Register were provided by the same organization, but in earlier years. Any of these documents will do; you don’t need to get a new one.

boundary plan of the land plot
The boundary plan is prepared by a cadastral engineer. The list of certified engineers is on the Rosreestr website. It is recommended to check it before ordering a plan. This can also only be done by the owner or his representative by proxy.

Cadastral registration takes a week. After this, an extract is issued containing information about the site, including its number.

The period is counted from the moment the documents were received by the inspectors. That is, when using the services of the MFC, you will have to wait longer than when applying directly or online. As a rule, the period is up to two weeks. When sending a letter, wait, you will also have to wait longer.

The document can be received in person at the branch, electronically or by mail. In the latter case, the waiting period increases even more.

Its price depends on two factors: the form and who the recipient is. For individuals, the paper version will cost 750 rubles, the electronic version – 300. For organizations, the cost is higher: 2200 and 600 rubles, respectively.

Can I get it online on the website?

On the Rosreestr website you can order an extract from the Unified State Register of Real Estate, which will also display the cadastral number of the plot.

To do this you need:

registration of cadastral documents online

  1. Go to the website https://rosreestr.ru/site/.
  2. At the bottom of the page, select the section “Obtaining information from the Unified State Register of Real Estate” (under the icon with the image of an open book).
  3. Fill out the form that opens with information about the site.
  4. On the next page, enter your personal information, including your email address.
  5. Select the method of receipt (electronic document).
  6. Attach electronic copies of documents.
  7. Attach electronic copies of documents.
  8. Submit an application.
  9. The answer will be sent to the specified address.

The cadastral number will be sent within three days. For individuals, the service will cost 300 rubles.

How to determine the cadastral number of an apartment: concept and procedure

So, for those who have never encountered the concept of a cadastral number, or have encountered it but still do not understand why it is needed, it is necessary to understand some facts. Firstly, the cadastral number is an individual, and in all its characteristics, a unique numerical sign that is attached to a particular property.

The wait for a response to such a service is not the standard seven days, but ten . You will be notified of any progress on your application or problems with missing information via your email.

Finding out the cadastral number of the apartment: what needs to be done

  1. We enter the query “cadastral map” in any search engine;
  2. Next, follow the specified link;
  3. A map of the country will open in front of you, and above it a new search line;
  4. It is in this line that you will need to indicate the address you are looking for, taking into account the city and region;
  5. The map will highlight the object you need;
  6. When you hover your cursor over it, you can find not only your house, but also your apartment. When you click on the apartment you need, its cadastral number will also be displayed.

When purchasing or selling an apartment, the cadastral number is included in the mandatory list of documents. If a person encounters such a transaction for the first time, he will have to run around in order to get answers to his questions. We can answer one of them in this article.

What is the cadastral number of an apartment and how to find it out

Another equally important nuance is that legal transactions with real estate require a cadastral number. Therefore, it must be entered in the format of numbers in the housing documents. However, the transaction does not entail a change in the cadastral number, even in cases where the owner changes.

Let’s assume that an apartment is converted from one into two premises, each of which is assigned a cadastral number, or, conversely, from two – a redevelopment occurs into one large residential premises with one cadastral number.

30 Jun 2021 hiurist 1251

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Can the cadastral number for an apartment change?

Cadastral (or conditional number) - assigned to the object, and not to the owner. Therefore it must be the same. However, the discrepancy between the numbers in the certificate and the cadastral passport and the extract from the Unified State Register may be due to the fact that if the certificate is old, it indicates a conditional number, and in the cadastral passport and the extract from the Unified State Register - a cadastral number assigned later (note that they have different format). Moreover, in 2012 - 2013, many objects changed cadastral numbers. This is due to the formation of a new cadastral register. When selling, I advise you to use a current extract from the Unified State Register (no more than six months) with a new cadastral number.

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Hello! The cadastral numbers do not match due to the work carried out by Rosreestr to compare and improve the quality of data from the Unified State Register of Rights to Real Estate and Transactions with It and the State Real Estate Cadastre. At the same time, all previously issued certificates of state registration retained legal force.

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