If executive authorities or a local government body refuse to register your rights to land, citing your lack of land documents or obstacles associated with restrictions in the provision of land. Do you have a question about how to register ownership of a plot of land? Qualified specialists of our Law Office will help you resolve this issue. With us, the allocation of land will be completed on time.
Buying a home is an important and responsible step. When planning to make such an acquisition, it is important to consider not only the technical aspects, but also the legal side. Therefore, you need to know how to legalize the land next to your house. First of all, a very important point is to resolve the issue with the plot on which this house is built, since they are separate pieces of property.
Grounds for the emergence of ownership of a land plot:
Before considering the procedure for registering ownership of land, you should pay attention to the grounds for the emergence of this right. Based on Russian legislation, the following grounds can be identified for the emergence and subsequent registration of property rights:
- on the basis of a civil contract, which include purchase and gift agreements;
- on the basis of inheritance, by will or by law;
- in the order of privatization of state or municipal land plots.
The procedure for registering land rights:
Today, registering any piece of land as a property is a rather complicated process that requires a lot of time and effort. And its result will be the owner’s full right to do whatever he wants with the plot: sell it, exchange it, bequeath it, inherit it. Therefore, it is not surprising that today many people are interested in the question of how to legalize land ownership.
Registration of the right can be conditionally divided into certain stages, which differ based on the grounds on which the right arose. The following stages are distinguished:
- Preparatory stage , at this stage a person collects the necessary documentation for the subsequent emergence of rights to a land plot. For example: the heir submits an application to open an inheritance, the buyer determines the land plot that he intends to buy, in the case of privatization, an application is submitted to the state body;
- The stage of obtaining a title document , it can be a certificate of inheritance, a signed agreement, or a decision of an administrative body to provide a land plot;
- Registration of property rights , at this stage the subject applies to the registering authority, either in person or through the MFC, in order to register the land title to the land, for this purpose an application is drawn up, title documents are attached, and the state fee is paid; based on the results of registration, the person is given an extract from the Unified State Register of Real Estate with a mark on the registered right.
Separately, it should be noted that there is also recognition of the right to land in court, which occurs in cases of disagreement, most often between heirs, as well as when deciding how to register ownership of the land under the house; in this case, the Defendant is the state body, the owner of the land.
Seller's papers
The owner of the property shall present at the buyer's request:
purchase and sale agreement, exchange agreement, certificate of inheritance, court decision or other document confirming the legality of the acquisition of the plot;- extract from the Unified State Register of Real Estate;
- consent of the guardianship and trusteeship authority to complete the transaction, if the plot is partially owned by a minor;
- cadastral passport, if it was issued before 2017;
- power of attorney to represent the interests of other owners, if the site is owned by several people;
- certificate of no debt for consumed utilities.
An extract from the Unified State Register contains information from the register regarding the site as of the date the document was issued. Therefore, it is recommended to request another statement from the seller right before signing the contract.
Attention! By completing a transaction with the owner's representative, the buyer is at risk. The power of attorney can be canceled at any time by any notary, and the other party to the agreement will not know about it. An agreement signed by an unauthorized person is invalid.
If there is a building on the site, then you should not enter into an agreement to purchase the site. The earth follows the fate of the structure that is located on it. This means that the owner of the house receives the right to use the land located underneath it. In this case, a purchase and sale agreement for the house must be concluded.
How to legalize land ownership if there are no documents?
If you need to resolve the issue of how to register a land plot if there are no documents, then you need to take into account several factors:
- first you need to prepare a package of documents and submit it to the necessary authorities;
- document on the purchase of a private house;
- description of boundaries. The buyer can draw up such a document in free form. To do this, you need to describe as accurately as possible all the boundaries of the site, indicating all possible landmarks, for example, the distance to the river, forest, nearby roads or villages, buildings and other options;
- application requesting approval of certain boundaries of a site
- anything else that the Law Office “Katsailidi and Partners” recommends
To legalize a land plot, many nuances should be taken into account, and certain rules and regulations will also need to be followed. It is very important to carry out all the necessary preparatory work in advance by studying the relevant regulations. However, it is easier to use the help of our qualified specialists who have significant experience in this field. After the certificate is received, its owner will have full right to dispose of the site at his own discretion, carrying out any transactions necessary for him.
ATTENTION: A lawyer on land disputes in court with neighbors and third parties gives advice in the video. Subscribe to our YouTube channel and legal advice on land issues in the comments of the video will be free for you.
Documents for registration of land ownership
When registering ownership, problems and questions always arise. Many citizens try to solve their problem themselves. Having certain papers in hand, a citizen believes that he will succeed in everything, and this is exactly what is required of him. But everything is far from being so simple and easy. If documents are not submitted in accordance with the law, or one of the documents is missing, then this is grounds for refusal to register rights.
- Statement. This application is filled out in Rosreestr or in the MFC according to the sample;
- A document confirming your identity (original passport, and a notarized copy of the passport - this document will be submitted along with the package of documents. If your actions are performed by a representative, then, of course, a notarized power of attorney with all the specified powers (a copy of the power of attorney, notarized)
- A receipt confirming payment of the state fee in the amount of 2,000 rubles (original and copy);
- Extract from the cadastral plan;
- Sale and purchase agreement, gift agreement, exchange agreement (in triplicate signed by both parties;
- Transfer and Acceptance Certificate (in triplicate)
- Documents for land: certificate of ownership of a land plot, or another document that can confirm ownership
What documents are included in the list
If a legal transaction is planned, both the house and the land are planned to be transferred for use to another person, then to carry it out you will need to provide more than one document. Title papers are a set of official statements and certificates, without which it is impossible to carry out registration actions regarding land.
The list of 2021 title papers includes the following documents:
- Certificate confirming that the registration of rights to the land plot has been carried out. You can receive it only after all rights have been registered in Rosreestr.
ATTENTION !!! The certificate includes a detailed description of all technical characteristics of the land. It also indicates who owns what share of the land;
- A document that can confirm that the transfer of property rights to the current owner was carried out in accordance with all legal requirements. Such paper can be of different types, depending on what circumstances contributed to the transfer of rights. For example, in some situations, such a document may be a purchase and sale agreement or a deed of gift agreement;
- A cadastral plan, which describes in detail all the technical details of the real estate - what is its area, where it is located, what it is intended for. Also in the cadastral plan there must be a graph indicating the boundaries of the land plot. The cadastral number is another important part of the cadastral plan. These numbers indicate a unique number, which, when decrypted, can tell about the real estate data;
- An extract from the state register, which can confirm the fact that the land was legally registered as of federal importance.
All of the above documents are very important and their presence is mandatory.
Preemptive right to register land
What is a pre-emptive right? In this case, the answer has two branches, namely:
- right of purchase.
- right to lease a land plot.
In accordance with civil law, it is said that when selling a share in the right of ownership, an outsider does not have the same advantages as the one who has the share, that is, the advantage is greater for the share owner, except for public auctions.
The point here is that when purchasing a share, the owner of the property does not have the right to force the owner of the land plot to enter into an agreement, both purchase and sale, and lease.
The main thing to highlight is that the will to conclude an agreement appears when the owner of the property notifies of the sale or lease to a third party.
There are situations when they first rent and then want to buy a given plot of land, and the one who wants to buy it hopes for a discount. In this case, there will be no discount, and the purchase of a land plot is only on a general basis.
In practice, there are situations when the lease agreement has ended, or the owner of the plot has decided to sell the land, in such a case, the property owner has an advantage in concluding an agreement, both lease and sale, but there is an exception. This benefit does not apply to public auctions. If the preemptive right of the property owner is violated, then he has the right to claim the rights and obligations of the tenant or buyer within three months, depending on the agreement
In disputes over land issues, it is better to turn to a professional from our law office, because it is very difficult to find specialists in land matters. Not every lawyer is a specialist in land issues, so you should think about it and make the right choice when asking for help.
Your advantages from registering land rights:
- We will achieve recognition of ownership of a land plot for you in court, including through the process of privatization of a land plot. The advantage of a registered right to land is not only the ability to dispose of it in the future at your own discretion, but also the fact that if there is a seizure for municipal (state) needs, you can always count on decent compensation.
- You will receive advantages in a dispute with neighbors - establishing boundaries between neighbors of adjacent plots will be more painless for you, because you will actually establish your boundaries in the land registration procedure;
- Having formalized your rights, it will be easier for you to defend a dispute with government authorities on the issue of challenging the cadastral value of a land plot. How much taxes you will pay depends on the result of this land authority, which is why it is so interesting to defend the dispute in your favor.
Based on the experience that our specialists have gained as a result of repeated requests in the field of land legislation, we can say that often the reason for refusal when registering ownership of a land plot is that citizens do not have a complete package of documents necessary for this procedure. But this fact is not a basis for refusal of registration, and such a decision of the competent authority can and should be challenged in court. Claims of this kind and nature are aimed at analyzing the emergence of rights to a land plot, bringing documents related to the land plot in accordance with the legislation in force in the Russian Federation, and protecting your interests.
Why is it necessary?
Certificate of ownership of a land plot is a document certifying ownership and confirming the emergence (transfer) of rights to land.
The document is required in various situations, the main one is confirmation of rights to a specific plot. The citizen in whose name the certificate is issued has the right to dispose of the land - sell, lease, bequeath, etc.
Important! The certificate is used when concluding property transactions, drawing up wills, and when heirs enter into ownership rights under the law. If the territory is used by the borrower as collateral, the certificate of ownership will act as a guarantee for the bank.
