Is a cadastral passport a document of title?

The right to own a plot and the grounds for the emergence of property rights

The right of possession, or the right to own a land plot, means the physical possession of a piece of property, that is, land. In almost all cases, only the owner can dispose and use a land plot.

When does the right to own land arise?

Lawyers divide the right of ownership into several types, depending on the circumstances under which it arises.

So, the right of ownership can be:

1. Property rights . It appears when concluding a purchase and sale transaction, or when drawing up a gift agreement, etc. This type of ownership is divided into two more types - single-subjective and multi-subjective. They are directly related to the number of land owners. With single-subjective ownership, land belongs to one owner, and with multi-subjective ownership, it belongs to several.
2. Thing. This right of ownership may arise upon receipt of an inheritance, or the conclusion of an agreement on permanent (perpetual) or temporary use of a land plot.
3. Commitment . It appears when leasing land, or when creating collective partnerships or other economic entities.

We have looked at the types.

It is also worth noting the grounds according to which the right of ownership or the right to possess a land plot arises:

1. If there is a state or administrative act indicating the transfer of rights to state or municipal land to a certain citizen.
2. Subject to a court decision.
3. In case of compensation for damage in kind, when an attacker transfers ownership of a plot of land to the victim due to damage and losses caused. Article 1082 of the Civil Code of the Russian Federation says that compensation for losses and damage caused is possible by providing things of the same quality and kind.
4. When returning unjustifiably appropriated property in kind (Article 1104 of the Civil Code of the Russian Federation).
5. In case of acquisitive prescription, when it is possible to become the owner of land with continuous use of the land for 15 or 5 years (Article 234 of the Civil Code of the Russian Federation).
6. With free use of land.
7. In case of easement or limited use. An agreement between the owner and the user must be signed or there must be a court decision.
8. When renting a plot of land. There must be an agreement.
9. With inheritance, lifelong land tenure.
10. When purchasing land.

Let us remind you that the right of ownership must be registered, otherwise the land will not be transferred into ownership.

Examples of documents

If we talk about the last position in the table above, then establishing or certifying documents on rights to land plots can be:

In what cases is title documentation required for a land plot?

1. Title documentation must be provided when registering land ownership rights , otherwise ownership of the plot will not pass to the new owner.
2. Also, supporting documents are necessary for legal transactions with land . For example, when buying and selling a plot of land, when donating land or indicating it in a will.
3. In addition, such a document will be needed when dividing a land plot or allocating a share . The same applies to the sale or donation, inheritance of a share of a plot of land.

Essentially, all legal and legal transactions must take place with supporting documents.

If these were not provided, then the transaction can be challenged and declared invalid.

Is a technical passport a title document?

18 of the Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it” documents establishing the existence, origin, termination, transition, restriction (encumbrance) of rights to real estate and rights submitted for state registration, must comply with the requirements established by the legislation of the Russian Federation and reflect the information necessary for state registration of rights to real estate in the Unified State Register of Rights.

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Full list of title documents for a plot of land in 2021

Documents that can establish ownership of a land plot in 2021:

1. Agreements on the alienation of property and acceptance acts thereto. For example, a purchase and sale agreement, a gift agreement, a lease agreement, etc.
2. Court decisions, including settlement agreements.
3. Certificates of the right to inheritance, certificate of inheritance.
4. Orders, resolutions, decisions of authorities on the provision of land.
5. Acts of commissioning of completed construction of a facility, approved by state authorities or local governments, relevant organizations and departments.

Please note that certified copies and duplicates of the above documents will have legal force.

Also important is a document confirming the title - an extract from the Unified State Register, or a certificate of ownership . As a rule, these documents only confirm rights, but when concluding a transaction of any nature, title papers are also required - we have listed them in the list above.

Typically, the title document contains a reference to the title documentation, as well as to the grounds for land ownership.

Contents of title documents for land

Mandatory requirements for documents certifying the right to land are contained in Federal Law 122-FZ:

1. Subject of law. For an individual – last name, first name, patronymic, as well as other personal data. For an organization - full name, INN, OGRN, as well as other information about registration as a legal entity.
2. Type of right: ownership (or one of the types of ownership), indicating the form (equity, joint). In relation to shared ownership, each shareholder receives an independent title document.
3. Object of law. Information about the land plot is indicated: category, type of permitted use, area and address of the plot.
4. The cadastral (conditional) number of the object, which is unique and does not change in the event of transfer of rights.
5. Restrictions (encumbrances) existing in relation to the object of law.
6. An indication of the title document (agreement, transfer and acceptance certificate, court decision, etc.).
7. An indication of the date of entering information about the state registration of the right with reference to the entry number in the Unified State Register.

List of title documents for transactions with land plots

The set of papers required to certify ownership rights differs significantly depending on the type of transaction carried out by citizens.

Documents for inheriting a land plot

To enter into an inheritance of a plot of land, you need to prepare the following kit:

• death certificate of the property owner;
• confirmation of your claims - a will, a certificate of actual acceptance of the inheritance, a court decision;
• an extract regarding the place of registration of the deceased and his family members;
• title document for land;
• extract from the Unified State Register of the registration authority;
• the appraiser's conclusion based on the results of the property assessment.

This set should be prepared with the utmost care and submitted for review immediately - many of the papers have a certain validity period, after which they will have to be reissued. These are related to:

• an extract from the Unified State Register, it is valid for only a month;
• The assessment report is valid for six months.

Documents for the sale of land

To sell the allotment, the following kit must be prepared and submitted to the registration authority:

• decision of the municipality under whose jurisdiction the site is located to use it for certain purposes, for example, for construction;
• protocol of the competition or bidding;
• certificate of ownership;
• confirmation of permanent ownership of land or an act of lifetime disposal of the object.

The decision of the municipality and the protocol of the auction are legal, taking into account the prevailing circumstances. For example, if there is an act of acquiring an object on a competitive basis, then it is legal without an additional decision of the self-government body. But, if the registration of ownership of the plot began on the basis of a decision of a government body, as a primary document, then it is this that establishes the rights of the future owner.

Application for preliminary approval of the provision of a land plot.

This application is the first and very important document from which the entire procedure for obtaining a plot of land that you have found, chosen and want to receive as a property, for rent or for free use begins.

Note: the entire procedure for obtaining land is described in the instructions: “How to easily obtain land.”

Land legislation establishes certain requirements for the content of the Application for preliminary approval of the provision of a land plot. If you violate these requirements, for example, if you did not indicate something in the Application, then officials from the administration will be happy to “kick off” your Application, or “in a friendly way” will offer to go to some office around the corner, where you can only one or two thousand rubles will make up this Application. You can feed the officials and follow their lead, or you can use ready-made and tested samples of land documents, including Applications for the provision of a land plot.

When they can refuse

According to Part 8 of Art. 69 of Law No. 218-FZ, Rosreestr will refuse to enter information about previously registered land plots in the Unified State Register, including if:

• there are inconsistencies between the submitted documents and the requirements established by law and in force at the place of publication of the document at the time of its publication;
• in the submitted or received documents there is no information allowing such a property to be considered previously registered, as well as information on the area of ​​the land plot.

Declaration on changing the type of permitted use of the land plot.

This land document is small in volume and simple in content. However, understanding how it can be used is the key to realizing the opportunities that open up for people who know the “rules of the game” in land affairs.

A simple example (taken from the instructions “How to easily get land...”).

You have received a plot of land to build a house. But this site is located in a good busy place, where, according to the laws of the market, it is more profitable to build a store rather than a house. If you put a store on a site with a type of permitted use - individual housing construction, you will get hit in the head and in your pocket, so much so that the store will no longer please you.

What to do?

Change the type of permitted use of the land and legally build a store there and enrich yourself in an absolutely civilized manner. And for this you will need a land document such as the Declaration of Change in the Type of Permitted Use of the Land Plot.

This concludes the list of land documents as such in the proposed set.

However, as a bonus, the kit includes documents that will help you quickly connect to power grids.

Title documents for land plots: list, registration, validity period

1. An administrative act on the allocation of land, as well as extracts from administrative acts.
2. Agreements related to property transactions; in this case we mean gift or sale.
3. Certificate that the land plot was inherited.
4. Rent contract.

All contracts are drawn up by specialists from law firms or real estate companies. As soon as all documents are registered in Rosreestr, they come into force. If registration has not been carried out and all information has not been entered into the cadastral passport, then the document may be considered invalid.

Error in document

If a technical error (typo, grammatical or other error) is detected in a certificate or extract of ownership of a plot of land, a person interested in correcting the error has the right to submit an application in the established form to correct the technical error in the USRN records.

The application will be reviewed and the error will be corrected based on the decision of the state registrar within three (working) days. The applicant will receive a notification that the technical error has been corrected.

If you receive a refusal to correct a detected error in a document, the decision of Rosreestr can be appealed in court.

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Where to get it?

Certificates of ownership, as well as extracts from the Unified State Register and Unified State Register , are issued by a special federal body that is authorized by the state to register land documents - the Office of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr Office).

the Unified Register, created and maintained up to date, contains data on all immovable objects located in the country, land plots, as well as their rights holders.

The owner of the land can submit an application and title documents (according to the list established by law) to the Rosreestr Office in person, by contacting the multifunctional center (MFC) or with an electronic application on the Rosreestr portal.

The recipient of the ownership documents is the copyright holder.

The legal owner of land can be citizens, legal entities, organizations and institutions, as well as government bodies.