The owner is not indicated in the USRN extract: why can this happen?

Why is the owner not indicated in the extract from the Unified State Register?

If you order an extract from the Unified State Register for the entire apartment, you will not find the owners there.
Statements must be ordered separately for each room. Since the rooms are independent real estate objects. We are talking specifically about rooms that have separate cadastral numbers, and not about common or joint ownership. For example, having received a plot of land from the state or joined the SNT, and having in hand a certificate of ownership of real estate or a membership book of a gardening partnership, the citizen decided that this was enough. Perhaps the property will be registered in the cadastral register, but the owners will not be listed in the Unified State Register of Real Estate.

This error is more of a technical nature than a consequence of incorrect actions on the part of the owner. In modern practice, there are many examples when in the extract from the Unified State Register there is no information about the copyright holder, a person thinks about what to do but does not even suspect that the Cadastral Chamber has assigned several numbers to his property at once.

When receiving an apartment or house as an inheritance and subsequently ordering an extract from the Unified State Register of Real Estate, the new copyright holder may see a deceased relative as the owner of the property. The result is due to the fact that housing was privatized after 1998, but the fact of alienation of property was not recorded in the Unified State Register of Real Estate.

In this case, information about the owners can be obtained by contacting the BTI administration. In order for the corresponding entry to appear in the Unified State Register of Real Estate, you need to obtain a certificate of copyright holders from the BTI and submit it to the local branch of Rosreestr. After the USRN information base is updated, you will be able to receive an extract from the USRN indicating all owners.

Unfortunately, for technical reasons, updating data about owners after the completion of transactions does not occur instantly, but takes some time. The fact is that first new information enters the regional database of the Unified State Register of Real Estate and only then enters the federal database of Rosreestr. As a rule, from the moment the transaction documents are submitted to Rosreestr until the owner’s data is updated, it takes from 3 to 14 days.

Situation 1. An apartment that was privatized before 1998 has now been inherited. The new owner received a notarized certificate of ownership of the inheritance, but did not register it with Rosreestr. And he has every right to do so, since he becomes the owner from the moment he accepts the inheritance, and not from the moment of state registration in Rosreestr.

Registration of real estate in Rosreestr began on January 31, 1998. Until that time, property rights were registered in the BTI and with a notary. If no transactions (purchase and sale, donation) have been carried out with real estate since 1998, then there may be no information about the owner in the Unified State Register of Real Estate.

How to find out the owner of a property yourself? Search for an object 1 Enter the exact address or cadastral number of the property. Our service will find in real time and show all objects from the Rosreestr database that match your request. Carefully check all the data, enter your email and phone number, then proceed to payment.

Payment for the statement 2 The cost of the statement is 119 rubles. Payment for the application is carried out through the PayMaster service, in any convenient way. Please note that depending on the payment method you choose, PayMaster may charge a fee. Sending a request 3 After payment for the selected object, our specialists will form an official request to the Russian Register.

The time it takes for an official extract from Rosreestr to be ready depends on the load, but on average it ranges from 5 minutes to 1 hour.

We suggest you familiarize yourself with: Replacement of a temporarily absent employee for the same position order

What information does the extract from the Unified State Register contain?

Section 3.1 should contain a “Description of the location of the boundaries of the land plot”; Section 4-4.2 contains information about parts of the land plot: “Plan (drawing, diagram) of part of the land plot”, “Restrictions of rights”, “Information about the characteristic points of the border of part (parts) of the land plot”. Name . Options: Residential premises, Individual residential building, Residential building, Non-residential premises. Data may also be missing. There is no such line in the Unified State Register of Land Register.

▪ If the extract was received by the owner himself, then it will contain information about the documents on the grounds for the emergence of the right. These documents should be checked, because they can confirm the legality of rights to real estate. What is indicated in the Extract from the Unified State Register

Find out the name of the owner of the apartment at the address

To begin with: what does this threaten you with? The first thing my family encountered was that we did not receive tax notices. Although before that we regularly paid taxes for the apartment.

Actually, while clarifying the issue with taxes, we found out that our housing is not listed in Rosreestr. Is that our fault too? Not at all. We don’t make lists, we don’t enter data there.

Attention

However, today the law makes us, the owners, responsible not only for non-payment of taxes, but also for the fact that we did not report to the tax authorities that we have property. True, the tax office explained: according to the current provisions, liability arises only for those who have not previously paid tax for this object.

That is, if you have just purchased an apartment or house, you must make sure that all taxes are charged to you. If you have already received tax notices, figuring out why it didn’t arrive this time is not your concern.

Information in the USRN database is not updated instantly. It may take several days after the sale or gift transaction is completed before this information appears.

This is due to technical issues. Regional branches of Rosreestr transmit all information to Moscow, and only then information about the new copyright holder is entered into the real estate register.

Thus, you should not be surprised if the next day after registering the right you did not find a new owner in the extract, but the previous owner is still listed. It’s worth waiting a little and ordering a new extract from the Unified State Register of Real Estate.

It happens that one property is assigned several cadastral numbers. This is a fairly common mistake. In this case, you need to check the property by all cadastral numbers and by address. Some old cadastral numbers may still be listed in the database.

In this case, no one will be listed in the extract from the Unified State Register of Real Estate: neither the old owner nor the new one.

Situation 2. An apartment that was privatized or acquired through a sale or donation transaction after 1998 has now been inherited by the heir. He received a certificate of ownership of the inheritance from a notary and did not register it with Rosreestr.

In this case, the extract from the Unified State Register will list the former owner – the testator.

“I want to buy a plot of land, but the intermediary is hiding the owner’s information, and I want the transaction to be transparent.” The result will depend on the persuasiveness of whether they will provide you with information about the owner from the Unified State Register of Taxpayers or not. If the owner is not in the Russian Register An extract from the register confirming the fact that there is no information about the object of registration in the Register, but there is a certificate of ownership - can this interfere? formalize the purchase and sale transaction? Thank you all in advance! November 14, 2014, 16:09 Evgeniya Koryakina,

Attention

How to obtain reference information about a real estate property The service “Reference information about real estate objects online” can be used on the Rosreestr website if you need to obtain up-to-date information about a real estate property: a description of the property, its address, information about the presence or absence of registered rights, restrictions or encumbrances of rights. The search for information is carried out according to one of the criteria: cadastral number, conditional number, address, number of state registration of rights, restrictions (encumbrances) of rights. If the right, restrictions (encumbrances) of the right to a property are registered, the service allows you to find out information about the type of right, restriction (encumbrance) of the right, date and state registration number.

The service is provided to the applicant free of charge in real time.

We invite you to read: Who is exempt from paying property taxes in 2021?

What you should pay attention to when purchasing a property The Seller must provide documents - originals (for example, contracts) or duly certified copies (for example, an act of a local government body), on the basis of which he owns the alienated property.

To establish the fact that the property belongs to the seller, you can obtain an extract from the Unified State Register of Real Estate (USRN).

Good afternoon We have the following situation: starting from 2021, the tax office sends tax notices about property taxes, which do not contain a tax calculation for an Apartment in a two-apartment private house located in a rural area (Krasnodar Territory), while the land tax (land plot at this address) comes regularly every year. Those.

Property tax for the apartment for 2015 and subsequent years until 2018 is not due. I submitted a written application to the Tax Office (after receiving the notification for 2015) in December 2021, in which I indicated that there was no information about this apartment. At the beginning of 2017, the Tax Office sent a written response that Rosreestr did not transmit to them data about the apartment at this address, that they would make a request to Rosreestr and enter the received data.

But in the 2021 notification we received in 2021, this data is also missing. Then, at the end of 2021, I submitted to the Tax Office the next form of Report on the property we have, in the established form, where I again indicated the missing data. There was no answer. The 2021 property tax notice does not include the apartment.

Good afternoon Thank you, I used the link and checked the information on the Rosreest website. There is information about the land plot at the address I need, the information was updated on January 27, 2017. There is also information about the apartment in the reference information. Information update date: 04/30/2015. Taxes are paid on land, but not on apartments. What should we do now so that data about the apartment gets from Rosreestr to the Tax Office?

Section No. 1

Extract from USRN online

includes data previously managed by the Unified
State Register
of Rights and the State Real Estate Cadastre.
The updated document is identical in content to the previous form, but has significant differences in form. Section No. 3
Section No. 4

To ensure document readability, some portions of the borders may be displayed in a simplified manner. A mandatory requirement is to display part of the boundary on an enlarged scale on a separate leader.

If the subject of the document is an object of common joint ownership, then this, as well as the number and date of registration, are indicated in the extract.

There is no information in the Rosreestr about apartment owners (needed for oss)

How to find out who is the owner of an apartment? Information about the owner of a particular apartment is available in several authorities. Let's figure out why in some cases there is no information about the owner. Registration of real estate in Rosreestr began on January 31, 1998. Until that time, property rights were registered in the BTI and with a notary.

If no transactions (purchase and sale, donation) have been carried out with real estate since 1998, then there may be no information about the owner in the Unified State Register of Real Estate. Example: an apartment was privatized in 1996. There is a privatization agreement in hand. It may also be called an “agreement on the transfer of apartments into the ownership of citizens.” It has a BTI registration stamp on it.

Situation 2. An apartment that was privatized or acquired through a sale or donation transaction after 1998 has now been inherited by the heir. He received a certificate of ownership of the inheritance from a notary and did not register it with Rosreestr. In this case, the extract from the Unified State Register will list the previous owner – the testator.

Why is this necessary?

One of the tasks (besides replenishing the database) that management organizations and homeowners associations solve by sending these notifications is maximum protection in the event of claims from regulatory and supervisory authorities, resource supply organizations or owners that the register of owners is incomplete.

Remember the procedure: ✔ the management organization identifies objects where there are no owners in the Unified State Register of Real Estate, ✔ then supplements it with the data it has, ✔ collects the rest by contacting the BTI and (or) sending notifications to such objects with a request to provide information about themselves and about documents , confirming the right, and with a recommendation to contact the MFC or the Rosreestr Office to register the right. Such actions can be regarded as actions of a bona fide party: in this way, the organization can reinsure itself and prove in court that it has taken all possible measures to maintain an up-to-date register of owners, and thus avoid liability for lack of information.

Reason #3. Real estate rights have been recently issued

The second reason why information about an object may not be in the Rosreestr databases is a banal human factor. When transferring information from the BTI system to the Rosreestr system, specialists had to do a huge amount of work, and, naturally, mistakes could not be avoided.

We invite you to familiarize yourself with: Sample letter on legal succession of an organization

If the apartment is shared ownership, there is no need for all owners to contact the above organizations. It is not you personally, as the owner, who is missing, but the object itself. That is, as soon as information about it appears in the Rosreestr database, information about who it belongs to will also appear.

Example: an apartment was privatized in 1996. There is a privatization agreement in hand. It may also be called an “agreement on the transfer of apartments into the ownership of citizens.” It has a BTI registration stamp on it. According to the Federal Law “On State Registration of Real Estate”, rights to real estate that arose before 1998 are legally valid. And registration in Rosreestr of previously arisen rights is carried out at the request of the copyright holder.

Thus, a person can live with an “old” privatization agreement that is not registered in the Unified State Register and be the full owner of real estate. And therefore, there will be no information in the Unified State Register about the owner.

There is a situation where an ordinary apartment is divided into separate real estate units.

For example, there is a 2-room apartment and there are 2 owners who have separate certificates of ownership of the rooms in this apartment. Note! We are not talking about shared ownership, but about separate real estate objects in the form of 2 rooms in an apartment. Each room is independently registered in the cadastral register and has an individual cadastral number.

In this case, if you order a statement for the apartment as a whole, there will be no information about a specific owner.

Problems when making a record of the existence of a legal dispute in the Unified State Register of Real Estate

Dear Colleagues,

I wanted to share with you the problems that may arise when entering information about the existence of a legal dispute into the Unified State Register of Real Estate. Such a record does not prevent the registration of rights, but the buyer will not be considered in good faith if at the time of the transaction this information was in the Unified State Register of Real Estate.

According to Part 3 of Article 9 of the Federal Law of the Russian Federation No. 218-FZ of July 13, 2015 “On State Registration of Real Estate,” additional information may be entered into the Unified State Register of Real Estate, in particular:

1) an objection to a registered right (submitted only by a person whose right was previously registered in the Unified State Register of Real Estate);

2) information about the existence of a legal dispute (can be provided by a person who has never been listed in the Unified State Register of Real Estate).

Applications to Rosreestr are submitted through the MFC, however, the program in which the MFC employee fills out the corresponding application does not distinguish between the two specified actions and does not allow you to select only one of them. Therefore, in paragraph 3.1.3. statements will be indicated (quote):

“to make a record of the existence of an objection, the right of claim declared in court...”.

In the note to the application (clause 9), the MFC employee, at my request, indicated that “information about the existence of a dispute is being entered” (the Applicant has never been to the Unified State Register of Real Estate). But the registrar did not notice this and issued a decision on suspension, indicating that a statement of objections can only be filed by a person whose right was previously registered in the Unified State Register of Real Estate.

The notice of suspension indicated the registrar's full name, and we managed to contact him by phone and explain the situation. A record of the legal dispute was made, but written explanations had to be submitted.

Later she filed similar applications for other premises (the applicant also never visited the Unified State Register of Real Estate). I immediately wrote a cover letter for Rosreestr, so as not to be refused, and submitted it to the MFC with other documents.

For the second room, the entry was made immediately. Along with the notification of making an entry dated January 26, 2021, they issued an extract from the Unified State Register dated January 26, 2021, in which there was no entry about the legal dispute.

I wrote about this to the registration authority. Within a week, they called me from Rosreestr, thanked me for the letter, admitted the mistake and sent me a new extract by email, where the data about the dispute was entered. As I understand it, this information was never visible in extracts from the Unified State Register of Real Estate.

For the third premises, the entry of information about the existence of a legal dispute was refused immediately without suspension. A record of the dispute was filed when the applicant's claim was satisfied by the decision of the Moscow Region Arbitration Court, but the judicial act was appealed. For a trial lawyer, it is clear that the presence of a decision of the court of first instance does not mean the end of the legal dispute. But this was not obvious to the registrar. Reasons for refusal - the decision has entered into legal force (notification of refusal is attached).

The conclusions that I made for myself in order not to receive a refusal from Rosreestr when entering information about the existence of a legal dispute:

1. When submitting an application to enter information about a legal dispute, be sure to write a covering letter to the registrar, because the MFC program does not allow you to correctly indicate what information is entered into the Unified State Register (objections of the previous copyright holder or about a legal dispute);

2. If information is entered at the stage when the court has made a decision, explain to the registrar in the covering letter that the possibility of further challenge remains available.

If you have already made a record of a dispute, it may be worth getting an extract from the Unified State Register and making sure that this information is visible to third parties, because The issuance of a notice to the applicant about entering information about the dispute does not mean that this entry is reflected in the Unified State Register of Real Estate.

There is no information in the registry about the encumbrance

1. To carry out land surveying.
2. During disputes of a legal nature, which make it possible to determine the legal owner of real estate (the USRN extract indicates every single right holder for a specific property.)
3. To carry out the procedure for dividing property, as well as to allocate the share of each owner.
4. You are carrying out the purchase and sale of real estate, concluding a transaction, the presence of an extract from the Unified State Register of Real Estate will allow you to find out the real state of affairs with real estate at the time of concluding the transaction.

There is no information about property in the Rosreestr

cadastral passport with characteristics of the property; a certificate indicating the necessary information on the object, including termination of existence; territorial plan. An extract is provided from the Unified State Register, which is of a legal nature. The owners of other shares (rooms) are not indicated in the Unified State Register extract, which are registered with Rosreestr.

The purpose of the Unified State Register is a database with information about the owners of apartments, information about encumbrances. What will happen after the cancellation of certificates of ownership of real estate? The document can be obtained both in paper and electronic form. There is no need to confuse the extract certifying the registration of ownership of the property with the one that is additionally requested from Rosreestr when selling or buying an apartment to confirm the relevance of data about the property and the owner.