How to restore documents for a land plot if they have been lost

In order for the process of re-registration of land ownership to go smoothly, documents must be in order that reflect the real state of affairs in the cadastre regarding a specific plot. A shortage of certificates and extracts occurs if they are lost or do not exist at all (for example, a citizen occupied an ownerless territory without permission). Land legislation offers different methods and determines how to register ownership of a land plot if documents are lost. This issue is especially relevant for those who plan to register a plot received back in Soviet times.

What documents confirm ownership

• title papers: those on the basis of which it can be said with confidence that the land plot was acquired by the owner legally: by inheritance, upon purchase, as a gift;
• title papers: extracts, acts and certificates from government bodies stating that the land plot really exists, has been taken into account by the state, is legally registered and belongs to the owner.

Ideally, each object should have documents from both groups. But due to certain circumstances, papers may be lost. For example, for plots acquired in Soviet times and not re-registered due to privatization, the existing package of papers is no longer relevant. Such plots cannot even be passed on by inheritance. In fact, they remain the property, but legally the owner has no right to them. In order to regain the legal right to a land plot, it is necessary to restore all documents and bring them into a modern form.

How to restore lost documents for a land plot: what is needed for this?

How to restore lost documents for a land plot: what is needed for this?

Restoring documents for a land plot is greatly simplified if you have at least one of the securities presented below:

- a certificate proving the fact of land transfer of the plot as a result of inheritance;

- a verdict of a judicial authority that has legal force;

— contractual documentation in the form of papers on the purchase or sale of land, its exchange, privatization, donation and others;

- state-certified papers in the form of acts, indicating the land allocation of a plot, the process of which was characterized by compliance with the law.

In the renewal process of documentation, it does not matter how the land documents were lost. In any case, you will have to restore them, and it is best to proceed as follows:

1. At the very beginning, it would be optimal to contact government services. Persons vested with land rights after the activation of the relevant law must be sent to Rosreestr, which will issue an extract confirming the right to a plot of land.

2. However, in some cases, Rosreestr may not have the necessary information. In this case, it is necessary to direct the local self-government bodies to which the plot of land belongs. These structures have special committees whose responsibilities include dealing with issues related to land. It is in the archives of the represented committees that all the data on land plots is available.

3. It should be taken into account that obtaining an extract is a paid service, the cost of which can reach 100-300 rubles.

4. A sold application for obtaining the necessary documentation is processed within a five-day period, after which the information will either be provided or denied with an explanation of the reason.

5. It is also worth considering that the documentation received from the BTI authorities is not legal. It can only act as confirmation attached to the main package of documents.

Algorithm for restoring title papers

To restore the documents on the basis of which the site was once transferred for use, you will need to look into the archives of local administrative bodies. It contains information about how the territory was demarcated and who got each plot.

To receive an extract from the archive, you need:

1. Submit an application to the head of administration. Please indicate in it:

• the name of the owner who received the allotment;
• approximate (or exact) date of receipt, who issued it;
• information about the site: address or location, dimensions, technical characteristics known to the applicant;
• the presence of structures on the territory: capital and temporary, indicating the owner and cadastral data, if any.

IMPORTANT: if the house on the site is registered in the name of the applicant, this significantly speeds up the receipt of title papers for the land;

• confirmation of timely payment of taxes and other payments for the allotment;
• evidence of bona fide content, method of use;
• please issue an act confirming the legality of ownership and establishing the owner’s right to the object.

1. Obtain a title deed. It must contain reliable information about how the plot came to be owned by the citizen (based on archival documents that are listed in the act);
2. Not everyone is able to obtain the certificate. If the administration refuses to issue the property, the owner will have to sue. Claims: to recognize the refusal of the municipality as illegal and to secure the right of ownership to the actual owner. The same information that was mentioned in the petition to the administration is attached to the claim: the circumstances of the case, data about the site. If the plot truly rightfully belongs to the applicant, he will receive a positive court decision. It is equivalent to a deed of title, and can also be used to obtain title documents.

A detailed algorithm for how to restore a cadastral passport for a land plot

How to restore a cadastral passport for a land plot:

1. Submit an advertisement in the newspaper about the loss of documents for the land plot, which should indicate that the original title is invalid. The advertisement must indicate the date and number of the deed of ownership, the size of the site, cadastral number, purpose of use, location, and owner details.
2. Next, an application is drawn up, which contains a request for a duplicate of the ownership of the plot. In the appeal, you need to note the reason, in this case - loss of documents.
3. The application must be submitted to the land relations department, according to the location of the site.
4. Along with the application, the newspaper in which the application was submitted and copies of any documents on the land, as well as the owner’s passport, must be attached. If there is a power of attorney, attach a copy of it and the passport of the authorized person.
5. After this, the land relations department will issue a permit in which it agrees to make a duplicate of the document.
6. With this permit and all available documents for the land plot, you must contact Rosreestr with a request to issue a duplicate. If suddenly there is no information about the site in Rosreestr, then you should contact the local government authority.
7. Then you need to pay the state fee for creating the document.
8. Next you need to submit an application to Rosreestr. Attached to it are papers for the territory: permission to receive a duplicate from the land relations department, an announcement of loss from the newspaper, copies of existing papers. After submitting your application, you will be told about the deadline for preparing the documents.
9. You can receive documents by power of attorney or in person by providing your passport. If the land plot was registered as a property before 1999, then you can contact a notary to obtain a duplicate of the purchase and sale agreement. If the plot was registered after 1999, then all documents are stored in Rosreestr.

The new land law 2021 has not yet been released, but many amendments are already ready for it.

We will tell you how to allocate a plot of land from agricultural land.

Sample certificate of land ownership

Algorithm for obtaining legal documents

Privatization is the second stage of collecting the necessary papers that should be in the owner’s arsenal. Based on a court decision or a deed of title, you can easily obtain ownership of a plot of land officially.

1. Carry out land surveying and obtain a report on this procedure. Land surveying is an integral part of any transactions with land plots, including privatization. In the future, the land survey report should be stored as carefully as other papers for the site.
2. Provide the registration authority with the following documents:

• confirming the identity of the applicant;
• legal (act or judicial opinion);
• conclusion of the cadastral engineer on the size, position, shape and turning points of the site;
• application for changes to the cadastral passport of the allotment (obtaining a new number, a note about the owner, updated data after boundary work);
• receipt of payment of the state duty (for 2021, the fee is 350 rubles).

1. After the documents are accepted by the registration authority, 5 to 14 days will pass, after which you can receive an extract from the Unified State Register of Real Estate with updated data. The time frame for receiving a cadastral passport and extract depends on the receiving authority: the Cadastral Chamber has the shortest waiting period; when submitting documents through the MFC, documents are issued a little longer.

List of documents for the house and procedures in case of their loss

1. A new sample certificate issued by the Unified State Register (USRE) - Rosreestr department. You need to have your passport and a handwritten statement about the loss of the document with you.
2. Certificate for an outdated land plot (issued before 1993) – registration chamber. A document of a new sample is issued on the basis of documents that provide the basis for ownership: a gift agreement, a purchase and sale agreement, a certificate of inheritance, etc.
3. Certificate of ownership and documents confirming ownership (sale and purchase agreement, gift, inheritance, etc.). It is necessary to obtain duplicates of title documents from the city data archive or from the notary who prepared the indicated documents. Based on the documents received, the registration chamber issues a new certificate of land ownership.
4. Social tenancy agreement – ​​Federal Administration. Such an agreement is always drawn up in two copies (for the tenant and the lessor), and therefore there should be no problems in obtaining a duplicate.
5. Additionally, here you will find out why you need and where to order a cadastral passport for a real estate property (land plot, buildings, premises). Cadastral plan and site passport – Cadastre and Cartography Department. All information about lost documents is stored in authorized bodies, so the owner can easily obtain duplicates. If problems arise with obtaining duplicates, the site may need to be re-surveyed.

If all the documents that confirmed ownership of the plot are lost, and their duplicates are not stored in archives and authorized organizations, the legal owner can be established in court with the help of a good lawyer, testimony and other indirect evidence of the use of the land and the incurrence of expenses for its maintenance .

If documents have been lost

Modern papers designed according to current standards can also be lost or lost. Returning these papers will be much faster.

To restore a title document, it is enough to apply for the issuance of paper and pay the state fee to the MFC or the Cadastral Chamber.

If the basis for issuing the right of ownership has been lost, it is recommended to: apply for restoration to the authority that issued the paper:

• notary office, if the right was inherited or given as a gift;
• Cadastral Chamber, if a sale and purchase transaction took place;
• municipality, if the title was issued by it.

The application for reinstatement must contain:

1. surname of the applicant or citizen in whose name the allotment was issued;
2. if it is necessary to restore documents for the deceased, confirmation of kinship and the right to inherit the plot;
3. reason for restoration (the document was destroyed, lost or dilapidated);
4. circumstances of the transaction: when and by whom it was registered;
5. request to issue a duplicate;
6. receipt confirming payment of the fee.

The review period is 10-14 days. After this period, a duplicate of the title document is issued.

Rules on how to restore documents for a land plot

Document recovery may be required in various situations. Sometimes parents did not privatize a plot of land in a village or SNT, so the children have to deal with these issues after their death.

In some cases, documents are simply lost. You can confirm ownership by restoring lost papers. There are several ways to do this.

If the site was registered with Rosreestr, you need to contact this authority. It is also possible to visit other institutions that have the right to issue papers.

Restoration is often carried out through the courts. This is provided in the absence of documents for the allotment earlier.

Sample TIN of a citizen of the Russian Federation