Recognition of ownership of a plot

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• Subjects, status and category of land
• On what grounds do ownership rights to land arise?
• Title documents for the site
• Maximum number of land plots for registration of ownership
• How is land ownership registered?
• Issuance of a certificate of ownership of a plot
• What do you need to know about registering ownership of the land under your house?
• Recognition of property rights through court
• Leading lawyers

From a formal point of view, land ownership is characterized by certain difficulties and individual characteristics. In general, this process consists of unifying certain characteristics of ownership of any types of objects located in the legal zone of ownership and use by various persons. These characteristics are fundamental from the point of view of the three existing types of rights to a owned land plot of any size and purpose, namely the right of use, the right of possession and the right of disposal.

The right of use is a modified form of relationship to a particular object, in this case, a land plot. Not only direct owners, but also right holders of other categories can receive a land plot as an object subject to ownership rights. The list of such rights holders may include subjects of permanent, inherited or temporary (for the period of validity of the lease agreement) use.

These categories of land users determine the circle of potential owners of a land plot. The persons listed above have a priority position in relation to registration of ownership of a land plot in comparison with those persons who do not have a land plot. Similarly, the owners of the land plot directly have property rights to the land territory. At the same time, in relation to the owner, these rights are significantly expanded - the owner can dispose of the land plot at his own discretion without any restrictions, namely:

• use plots as the object of property transactions;
• rent out plots;
• change the characteristics, including technical features of the site, legally;
• alienate the site;
• redistribute the lands located on the territory of this site.

Based on the acquisition of ownership of a land plot - the right to own land - a person thereby determines the form of responsibility for the use of a land plot in relation to an economic entity and directly to the legislator, which is the Russian Federation. Thus, from the moment of acquiring the right to own land property, a person recognizes his obligation to follow the requirements and obligations imposed on all land users.

The right to own the territory of a land plot as one of the forms of legal responsibility in relation to the use and disposal of land is assigned to persons who have become land users under the terms of various legal forms. At the same time, for the owner, confirmation of ownership of the land plot is disclosed to the maximum extent and is characterized by the greatest legal force. Unlike other land users, the owner of the land plot has practically unlimited rights. The owner is guaranteed protection of the site from any encroachment of third parties on the land, except for those cases determined by the current Land and Civil Codes of the Russian Federation.

Subjects, status and category of land

From the point of view of the subject, ownership of land property is classified into several types and forms. The current legislation of the Russian Federation provides for division into the following entities:

• federal economic operator. It assumes ownership of lands of national importance, including state-protected territories, which are the borders that separate the country from neighboring states. This entity owns all lands that were not alienated to the regions of the country;
• municipal manager. It is a subject of regional significance. In this case, the lands belong to local authorities on the basis of the transfer of these lands by a federal economic entity in accordance with special documents - acts, orders, and so on;
• legal entities. This category of land plot can be represented by industrial, agricultural (ownership rights are available to individual entrepreneurs), commercial lands, and so on. Similarly, the concept implies lands related to human settlements of various scales;
• private individuals. The category under consideration is represented by a list of plots for individual housing construction, private plots, gardening, and so on. Simply put, private individuals can obtain ownership rights to any type of land, provided that the law provides for the possibility of ownership of these lands by individuals.

The most in demand and easiest to register are lands located on the territory of any settlements, as well as urban and rural settlements, which are initially intended to be used for development purposes. Purchasing plots in such areas is possible without any serious risks, since the law allows the construction of any objects on these lands without restrictions. At the same time, recognition of ownership and execution of related documents is much faster and easier.

A plot of land may have the status of a specially protected area - the list of such includes military bases, industrial zones, and so on. Quite often these territories have a large area. Changing the status and significance of these territories is possible by decision of municipal or federal authorities. Before you begin the procedure associated with the purchase and recognition of rights to ownership of a land plot, you must carefully check the data with the help of an experienced lawyer.

A fairly large area of ​​land, including in the Moscow region, is allocated for agricultural areas. It is important to remember that building residential buildings on such a plot of land is prohibited by law. The only solution is to transfer the land to another category for which housing construction is provided. It is almost impossible to solve such a problem on your own. Today, only the most reputable developers are able to achieve land transfer. At the same time, most of the preliminary work is carried out by them independently (starting with the organization of access roads, laying the necessary communications, and so on).

The lands of the water fund of the Russian Federation deserve special attention. This category of land is characterized by many restrictive laws and regulations. Recently, their list has only been growing. One of the few positive changes in the country’s legislation regarding water fund lands is the lifting of the ban on the construction of permanent residential structures in such zones, with the exception of lands allocated for the coastal strip. According to the new changes, land users have the right to design, construct, reconstruct and use objects for economic and other purposes, provided that the water fund is protected from pollution and depletion. Purchasing and obtaining ownership of a land plot of this category imposes on the owner an obligation to prevent any negative impacts on the aquatic environment. In this case, you will have to eliminate the consequences of pollution at your own expense.

Chapter IX. Protection of land rights and consideration of land disputes (Articles 59-64)

Chapter IX. Protection of land rights and consideration of land disputes (Articles 59-64)

Article 59. Recognition of the right to a land plot

1. Recognition of the right to a land plot is carried out in court.
2. A court decision establishing the right to land is a legal basis, in the presence of which the state registration authorities of rights to real estate and transactions with it are obliged to carry out state registration of rights to land or transactions with land in the manner established by the Federal Law "On State Registration of Rights to Real Estate" property and transactions with it."

Article 60. Restoration of the situation that existed before the violation of the right to a land plot, and the suppression of actions that violate the right to a land plot or create a threat of its violation

1. The violated right to a land plot is subject to restoration in the following cases:
   the court invalidates an act of an executive body of state power or an act of a local government body that entailed a violation of the right to a land plot;
2. unauthorized occupation of a land plot;
3. in other cases provided for by federal laws.
4. Actions that violate the land rights of citizens and legal entities or create a threat of their violation can be suppressed by:
   invalidation in court in accordance with Article 61 of this Code of acts of executive bodies of state power or acts of local government bodies that do not comply with the legislation;
5. suspension of execution of acts of executive bodies of state power or acts of local government bodies that do not comply with the legislation;
6. suspension of industrial, civil, residential and other construction, development of mineral and peat deposits, operation of facilities, carrying out agrochemical, forest reclamation, geological exploration, prospecting, geodetic and other work in the manner established by the Government of the Russian Federation;
7. restoration of the situation that existed before the violation of the right, and suppression of actions that violate the right or create a threat of its violation.

Article 61. Invalidation of an act of an executive body of state power or an act of a local government body

1. A non-normative act of an executive body of state power or a non-normative act of a local government body, and in cases provided for by law, also a normative act that does not comply with the law or other normative legal acts and violates the rights and legally protected interests of a citizen or legal entity in the field of use and protection of land, may be declared invalid by the court.
2. Losses caused to a citizen or legal entity as a result of the issuance of an act of an executive body of state power that does not comply with the law and violates the rights to land and legally protected interests of a citizen or legal entity are subject to compensation by the executive body of state power that issued such an act.

Article 62. Compensation for losses

1. Losses caused by violation of the rights of land owners, land users, landowners and tenants of land plots are subject to compensation in full, including lost profits, in the manner prescribed by civil law.
2. Based on a court decision, a person guilty of violating the rights of land owners, land users, landowners and tenants of land plots may be forced to fulfill the obligation in kind (restoration of soil fertility, restoration of land plots within the previous boundaries, construction of demolished buildings, structures, structures or demolition of illegally erected buildings, structures, structures, restoration of boundary and information signs, elimination of other land offenses and fulfillment of arising obligations).

Article 63. Guarantees of land rights during the seizure of land plots for state or municipal needs

1. Confiscation of land plots, including through their purchase, for state or municipal needs is carried out after:
   provision, at the request of persons from whom land plots are confiscated, including purchased, of equivalent land plots;
2. reimbursement of the cost of residential, industrial and other buildings, structures, structures located on seized land plots;
3. compensation in accordance with Article 62 of this Code in full for losses, including lost profits.
4. Owners of land plots, land users, landowners, tenants of land plots must be notified of this by the executive body of state power or the local government body that made the decision on the seizure, including including through the purchase of land plots. Confiscation, including through redemption, of land plots before the expiration of a year from the date of receipt of the notification is permitted only with the consent of the owners of land plots, land users, landowners, and tenants of land plots.
5. Expenses incurred by owners of land plots, land users, landowners, tenants of land plots for the development of land plots with permanent buildings and other activities that significantly increase the value of land, after notification of the upcoming seizure, including through redemption, of land plots are not subject to reimbursement .
6. The owner of a land plot, when it is withdrawn for state or municipal needs, along with the guarantees provided for in paragraphs 1 and 2 of this article, must be compensated for the market value of the land plot, if he is not given free ownership of an equivalent land plot.

Article 64. Consideration of land disputes

1. Land disputes are considered in court.
2. Before the court accepts the case, the land dispute may be referred by the parties to an arbitration court for resolution.

On what grounds do ownership rights to land arise?

The acquisition of ownership of a land plot is available to those persons who have special powers approved in accordance with cadastral records in relation to specific land plots located at a specific address and having certain technical characteristics and parameters approved by the relevant records. You can acquire the necessary legal grounds to obtain the right in question:

• through a legal property transaction. Ownership may be acquired by purchase, exchange or gift of territory;
• by privatizing the site. Property in this case arises as a result of the privatization of territory from other legal forms;
• re-registration on the basis of the “dacha amnesty”. In this case, the land plot can become the property of the land user after passing the necessary procedures determined by law;
• after accepting the plot by inheritance. Thus, confirmation of ownership can be achieved through transfer by will or law in favor of the heir;
• by separating a separate plot from a vast tract of land through a land surveying procedure. This method is relevant when considering agricultural land;
• having purchased land from municipal authorities - in the case of acquiring ownership of a specific plot through purchase at cadastral value.

Similarly, the acquisition of ownership of any plot is possible by filing a claim in court and having it considered at court hearings.

Land and civil law, in particular their provisions, regulate the obligation to officially register the acquired right to a particular property in question. The result of registration with the submission of an application and the accompanying mandatory package of documents to the cadastral and cartographic services at the location of the land is the receipt of a certificate confirming the person’s ownership.

Similarly, acquiring the right to a specific property is possible in the case of purchasing a permanent residential building located on the site. In the absence of privatization and the land is leased from municipal authorities, the new owner who acquired the property of the type in question may privatize the land.

Methods for recognizing rights

Situations when protecting your right by demanding its recognition through the court arise quite often. The most common are:

1. acquisitive prescription provided for in Art. 234 of the Civil Code. The administration is the defendant;
2. challenging actions when the plot of land was transferred to another person by inheritance;
3. restoration of deadlines for entering into inheritance, in which the administration of the municipality also acts as a defendant;
4. Rosreestr’s refusal to register land with objects (buildings) located on it that were acquired back in Soviet times. Both the administration and Rosreestr itself can act as a defendant;
5. transfer of a plot to another legal status, located on the basis of perpetual use or inheritable ownership, provided that the administration refuses to transfer the plot into ownership and there are all grounds for this.

This is not a complete list of situations, but they are considered to be the most common.

Acquisitive prescription

Citizens have the opportunity to obtain ownership of real estate if they prove that they treated it as their own, bore the burden of maintenance, paid taxes, made repairs, and so on for a long period of time. At the moment this period is fifteen years.

The issue can only be resolved in court . That is, Rosreestr will register the right to land by acquisitive prescription only on the basis of a judicial act.

It is important that claims against the object arise legally.

For example , a citizen previously rented a plot and after the death of the owner, the legal successors never showed up, but the person owned and continues to own the plot and pay costs and obligatory payments to the budget for the period specified in the law (fifteen or more years). It turns out that he had a legal opportunity to demand recognition of ownership of the plot.

Situations related to inheritance

Actual acceptance of inheritance is one of the ways to acquire property. If we are talking about a land plot, then the principle can also be applied, but it will have to be proven that all the necessary actions were taken in relation to the land, which may indicate that the owner used it as his own.

It is important that the following points are not missed:

1. the procedure for recognizing the right to land through the court is carried out. The administration is indicated as the defendant, as well as other heirs, if known;
2. in the process you will need to prove that the object was used as your own.

The situation will be a little simpler if there is a residential building on the site in which the citizen is registered or lives on a permanent basis. This can be proven, for example, on the basis of the house register, as well as the testimony of witnesses.

Download the statement of claim for recognition of ownership of a land plot by inheritance (sample/form)

Another situation related to inheritance is the transfer of an object under a will, provided that the testator did not have rights to this allotment.

For example , the testator indicated it as part of the estate, but it later turned out that another person has rights to such a plot. You will also have to prove your position through the court.

Recognition of rights to a previously acquired plot

Any contract providing for the sale or other transfer of real estate must be registered. The right passes only at the time of state registration and nothing else, that is, simply signing the text of the transaction will not be enough.

Previously the order was different. The Rosreestr database was introduced in 2001, while plots of land were transferred to citizens earlier. For example, in Soviet times, residents were provided with a lot of land on the right of inheritable ownership or perpetual use.

If information about the transfer of such objects is not reliably known, for example, documents were lost and Rosreestr refused registration, then you will have to recognize your right through the court. It will be necessary to prove that the allotment was fully serviced and the burden of its maintenance was carried out. It will also be possible to invite neighbors to court, who will indicate that the applicant lived on the site and maintained it.

Other situations

There are other situations where you will have to prove your rights in court:

1. if the house is purchased through privatization. The procedure is not complicated, but Rosreestr’s refusal is also possible, for example, in a situation where the applicant has already exercised the right to privatization, which is granted once. In this case, you will need to obtain a written refusal from Rosreestr and go to court;
2. if Rosreestr refuses registration on other grounds.

Recognition of property rights is always a legal process . It is worth remembering that the procedure for recognizing the right to an allotment can only be performed by a person who has legal grounds for this.

Title documents for the site

The emergence of ownership of any plot occurs with the consent and permission of the existing business entity. A prerequisite is the provision of a special act that confirms the legality of the right. As for other cases, agreements confirming the fact of a property transaction in the order of purchase and sale, exchange, donation, and so on can be considered as a document.

Please note that the listed documents do not directly constitute evidence of ownership of a specific plot. They only determine the possibility of obtaining this certificate.

The title document may be an act of the executive committee, which carried out land surveying with the subsequent transfer of a separate part to a specific owner in the past. In such cases, as a supplement to the act, an act of decision adopted by the administrative commission confirming the possibility of privatization and subsequent registration of the land is attached. If the land plots were acquired through redemption, the administrative act is accompanied by receipts confirming the payment of the full amount of payment under the contract. When acquiring land on the basis of inheritance, the title document may be a certificate of acceptance of the inheritance. If we are talking about privatization on the basis of a property transaction for land with a house, which is one’s own property, or entry into inheritance rights on similar conditions, then the title documents are presented in the form of documents for the house.

Title documents are the most important condition for registering land in order to acquire ownership of a specific plot and in other cases. If such documents have been lost, it is necessary to restore them to the authorized municipal authorities as soon as possible. If it is impossible to restore the documents, then a procedure for recognizing ownership rights in court is necessary by filing a statement of claim in court. It is the extract of the court decision that will become the title document on the basis of which registration in the state register will be carried out in such cases.

How to draw up a statement of claim for recognition of land rights

Recognition of land ownership in court is associated with the need to draw up and submit an appropriate statement of claim, to which must be attached the documents provided for by law, which become the basis of the evidence base of the interested party.

The claim can be filed by the owner of the land plot whose rights were violated, or by a representative authorized by a power of attorney. The defendant in this case will be an individual or legal entity (municipal authorities, Rosreestr bodies) that violated the rights and legitimate interests of the owner.

The subject of the claim will be the entire land plot or part of it on which a controversial issue has arisen. If the value of the land plot is less than 50 thousand rubles, then the claim is filed in the magistrate’s court. In all other cases, the dispute is considered in the district court at the location of the land.

Note! In accordance with Art. 64 of the Labor Code of the Russian Federation, at the request of the plaintiff and defendant, the case may be considered in an arbitration court, which resolves economic or commercial disputes on a contractual basis.

The statement of claim has an approximate form for all plaintiffs, regardless of the court to which it is sent. It should include:

• full name of the judicial authority;
• FULL NAME. and contact details of the plaintiff and defendant;
• complete data on the subject of the dispute, taking into account the address of the land plot, its size and cadastral number;
• grounds for acquiring land and confirming them with relevant documents;
• specific circumstances confirming the violation;
• civil and land norms that have been violated and are the basis for restoring violated rights.

Maximum number of land plots for registration of ownership

After the Soviet Union collapsed, many citizens were able to privatize and establish ownership of more than one plot of land. The number of plots of land for privatization was not taken into account at that time. Since the entry into force of the reforms in relation to the relevant legal field, the registration procedure has been preserved, and already privatized lands do not provide for requisition. At the same time, the privatization procedure itself has undergone changes. Thus, according to the established rules, each person has the right to register and privatize one plot of land. The exception is the destination lands of SNT and DNT - in this case, slightly different registration rules are used. Thus, according to the privatization regulations, the maximum amount of land owned is one plot. At the same time, citizens have the right to purchase more land. The only thing you need to remember in such cases is the requirements established by current legislation for the correct execution of documents, including minutes of general meetings.

If the lands are located adjacent to each other and there is a common border between them, the law provides for the possibility of merging these lands. In this way, the issue of limiting the number of lands by privatization rules will be resolved. Please also note that when receiving land by inheritance or gift, a person who already owns a plot of land is not deprived of the right to become a recipient of an inheritance or gift. The exception is cases when a gratuitous transaction is a violation of the property rights of third parties.

How is land ownership registered?

In order to recognize a plot of land as property, it is necessary to use the procedure defined by the current legislation of the Russian Federation:

1. 1. First of all, it is necessary to order the relevant information from the state cadastre records. At the same time, the potential owner must submit the appropriate application form requesting a situation plan from the local authorities. If you are purchasing garden land, a copy of the master plan for the partnership in question will be required. You can obtain the master plan from the chairman of this partnership. In this case, the applicant must have a certificate confirming ownership. The land plot is registered at this stage by contacting the district real estate department at the location of the land.
2. 2. In general, it is necessary to carry out a land surveying procedure with the involvement of specialized companies authorized to provide geodetic services to the population. Associated expenses are paid by the owner. Carrying out the relevant work is accompanied by the issuance of the necessary documents of the established form and requires mandatory consent from neighbors to determine the boundaries of the land. A complete set of the listed documents must be certified by the administration of the locality or the chairman of the partnership to which the land belongs. Additionally, you will need to obtain a certificate confirming that the land is not under arrest or under court. As a result, the potential land user receives a boundary plan and a plan for a specific plot. These documents allow you to submit an application to the local real estate management department to register the land and register it with the cadastral register with the subsequent issuance of a cadastral passport.
3. 3. Next, the land is subject to registration in the BTI. This service requests a cadastral passport, a certificate confirming ownership rights (the house may or may not be present on the land), a geodetic plan, a route map to the plot, and so on. A representative of the service in question personally goes to the location of the plot to verify the information provided by the land user. If there are no problems, the BTI issues a technical passport to the applicant.

After completing the above procedures, the land user can contact the Federal Registration Service with an application and related documents. Payment for the services of the service is also carried out at the expense of the person in need of recognition of property rights. The Federal Registration Service checks documents and, if there are no errors, creates the necessary entry in the State Register. At this stage, the procedure for recognizing ownership rights can be considered completed.

Issuance of a certificate of ownership of a plot

A certificate confirming a positive result in the recognition of property rights and its official registration in the state register is a legal document that certifies the completion of the necessary procedures and the acquisition of the legal status of the owner. The issuance of the certificate is carried out by the state registration authorities, which include the land at its location. The basis for issuing a certificate of recognition of ownership is the registration of documents received from the applicant. This certificate can be used as confirmation of the fact of registration of ownership when informing other entities. In fact, a certificate is a document that recognizes the creation of rights to use land by a specific person.

What documents will be required to consider the case?

Recognition of ownership of land by inheritance or on another basis is possible if there are documents attached to the claim:

• state certificate land registration;
• extract from the unified state real estate register;
• certificate of ownership issued on the basis of the old model;
• a certificate of inheritance or a fixed-term and perpetual right of use, issued according to old models;
• state acts on allotment of land plots;
• information from primary inventory, household or land books;
• approved projects for organizing partnerships and gardening plots;
• receipt of payment of state duty.

What do you need to know about registering ownership of the land under your house?

Recognition of a certain land area as legal ownership if a house has already been built on the land is a fairly common case in legal practice. Today, only a few lands on which the house is located are registered correctly and in full. Much more often there are situations in which a house is located on the ground, but the decoration has only been partially completed. Thus, it is allowed for people to live in the area of ​​this house, for the residents of the house to run a household, and so on, while alienation is impossible due to incomplete registration. In order to resolve the issue if you have a house on unregistered land, you need to contact the authorities involved in inventory, registration of property rights and real estate registration.

The reasons for incomplete land registration after building a house can be different. However, there is only one result - the presence of a house and other buildings on the land requires mandatory registration of these objects. However, problems may arise if there is a house used for permanent residence or commercial purposes. Since the house was built without permission from the authorized bodies, it is this house that becomes an obstacle to solving the problem. In such cases, the owners of a house on unregistered land need to go to court. In addition to statements of claim, you will need a large number of documents for the house and land, and related certificates. Considering the complexity and time constraints, a rational solution in such cases is to turn to the services of professional lawyers. Specialists of the Moscow Municipal Collegium will help you understand the statements of claim and their preparation, prepare the necessary documents and certificates for both the house and the land.

Recognition of property rights through court

In order to objectively assess the prospects for recognition of property rights and get an answer to the question of whether it is possible to solve the problem in a standard manner or whether it is necessary to file a claim in court, it is important to familiarize yourself with the list of cases in which dispute resolution is carried out only in court. This list includes situations where difficulties in recognizing ownership rights without going to court are caused by the following problems and violations:

• making mistakes when preparing documents, gross violation of the requirements stipulated by the current legislation of the country - in this case it is necessary to file a claim for recognition of invalidity in court;
• the inability to resolve a conflict or complete a transaction with a person acting as a seller due to his sudden death or lack of information about his whereabouts is also grounds for filing a claim;
• A statement of claim is filed in court when the land user does not have title documents, despite the owner's many years of use of the land. These claims can be satisfied if the land use period is 15 years or more;
• A lawsuit is filed in cases of unauthorized seizure of a certain territory and construction on this land without the appropriate permits;
• when purchasing land with a residential building, subject to incomplete registration, you will also need to file a claim;
• The prevalence of cases of land recognition as property based on the consideration of claims and the adoption of an appropriate decision by the court is also noted in inheritance cases. The reason for this may be the fact that the testator did not have time to formalize the owner’s right during his lifetime. Thus, no one will be able to obtain land without going to court and filing a lawsuit with a corresponding statement.

Claims for recognition of the rights of the owner in relation to land are dealt with by the Arbitration Court, which belongs to the region where the subject of the dispute is located. The essence and significance of the claim lies in the demand for confirmation and (based on the appropriate court decision) approval of the rights of the owner. In one claim, it is permissible to put forward only one demand. Similarly, there is a limitation that the owner cannot demand the removal of obstacles that could result in the deprivation of such rights.

Before drawing up and submitting an application for confirmation of the owner’s right, it is necessary to understand the existing types of such applications. An important condition is a clear and competent formulation of the essence of the conflict. Today there are two types of claims, namely:

• a petition, the purpose of which is to recognize the right of the owner of the plaintiff to the subject of the dispute;
• proving that the defendant lacks rights to own and dispose of land.

Regardless of the content of the claims in the applications, each of them is accompanied by officially documented evidence, accompanying receipts, contracts and other materials that may confirm the existence of rights of the plaintiff or the absence of such rights of the defendant. In cases of recognition with the rights of owners, the support of a qualified lawyer is of fundamental importance. It is a competent specialist with extensive practical experience who can help solve the problem in the shortest possible time at the lowest cost. The result of cooperation with a lawyer is the restoration of the plaintiff’s ownership rights or the deprivation of the defendant’s rights to dispose of the land. Employees of the Moscow Municipal Bar Association know everything about land law and will take upon themselves the collection of the necessary evidence for effective representation in court.

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