Power of attorney for registration of ownership of land
The power of attorney for registration of a land plot must be issued in the form of a simple written document and notarized. The requirement for notarization expires from clause 1 of Article 16 of the Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it.” According to this law, state registration of rights is carried out on the basis of an application from an authorized person only if he has a notarized power of attorney.
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Definition according to law
The redistribution of land plots is provided for by the provisions of Article 11.7 of the Land Code of the Russian Federation. In accordance with its provisions, the redistribution of land plots should be understood as a mutual change in the limits of existing nearby and adjacent land plots. At the same time, after the redistribution, the previously existing land plots cease to exist, and they are replaced by new ones, which are registered in the cadastral register in accordance with the rules formulated in the current legislation.
Since when carrying out the redistribution of land plots it is necessary to be guided not only by the norms of the Land Code of the Russian Federation (due to the fact that several areas of legal relations are affected), the entire process is regulated by other regulations, namely:
- The Federal Law “On State Registration of Real Estate...”, within the framework of which the entire process is recorded, in accordance with which it is necessary to carry out the process of registering newly formed land plots, as well as to deregister those plots that ceased to exist as a result of the redistribution procedure;
- Civil Code of the Russian Federation, since in accordance with its provisions the regulation of existing property relations between the owners of redistributed plots, including between the municipality and individuals and legal entities (if one of the redistributed land plots belongs to the municipality);
- regional and municipal regulations that are responsible for regulating the procedures for the redistribution of land plots.
Sample power of attorney for registration of a land plot
How to register land ownership if it is leased. We wrote in a previous article where to start privatizing land for a private house right here. Then you can begin to register ownership. In other words, registration of ownership of a land plot gives the owner full right to use it. What documents are needed for registration to register land ownership - we will consider this question below. Having a problem? Call a lawyer: Moscow and Moscow region (free call) St. Petersburg and Leningrad region Documents for registering ownership of a land plot A correctly completed package of documents ensures quick and trouble-free registration of ownership of a land plot.
What land plots cannot be redistributed?
Despite the fact that the redistribution of land plots is quite often used to meet the needs of the owners of adjacent plots (for example, correcting stripes or changing the actual boundaries for the convenience of their use), a ban on redistribution is imposed on some plots, namely:
- potentially redistributed areas have different types of permitted use or intended purpose;
- the plots belong to different categories of land;
- one of the plots or both are not registered in the cadastral register and do not have a cadastral number;
- a restriction on turnover has been imposed on the plots or one of them in accordance with a court decision or a seizure has been established by the court;
- the plots do not have adjacent boundaries;
- at least one of the owners of the redistributed plots does not express their consent to the procedure.
If one of the listed conditions exists, it will be impossible to redistribute the plots. In addition, redistribution may be refused in cases where:
- based on the results of the redistribution of land plots, at least one plot is created, which by its existence will violate the requirements of the law regarding the maximum area of plots; areas have arisen that overlap with previously existing ones; areas appeared that made it impossible to access other areas, as well as roadways functioning to meet the needs of transport accessibility for owners of other land plots;
- adjacent plots belong to municipal or regional authorities or various government bodies;
- the plots that will participate in the redistribution belong to various government departments and bodies and private individuals.
However, if the redistribution of land plots is carried out as part of the development of territories or changes in the general cadastral plan of a specific land mass, the request for redistribution may be supported and satisfied.
Power of attorney for registration of land plot
— for which I grant the right to be my representative in all institutions and organizations of St. Petersburg and the Leningrad Region on the above issues, including the Office of the Federal Registration Service for St. Petersburg and the Leningrad Region, the Committee on Land Resources and Land Management, the Land Commission, the Federal State Institution “Land Cadastral Chamber”, Office of Rosnedvizhimost TO, KUGI, KUMI, IFTS, local government bodies, urban planning and architectural authorities, technical supervision authorities, sanitary and epidemiological authorities, fire inspection authorities, technical inventory authorities, Administration, municipalities, submit, receive and sign various kinds of certificates and documents, including Agreements, Acts, Certificates, make changes and additions to the Unified State Register of Rights, and also grant the right to submit and receive all necessary certificates and documents, pay the following fees and state duties, submit from my name any statements, including statements regarding my marital status, sign for me and perform other actions and formalities related to this order
List of actions
Issues related to the redistribution of land plots are resolved at the level of the bodies of the subject of the federation or municipal entity authorized to resolve issues with real estate of the state. It is on the basis of their internal regulations that the procedure for redistribution of land plots is carried out.
The procedure in this case will look like this:
- filing an application for redistribution of land plots to the authorized state body or municipal authority;
- provision of an accompanying package of documents;
- in case of a positive decision that the plots can be redistributed, simultaneous carrying out boundary work in relation to such plots;
- obtaining final documents on the redistribution of land plots;
- payment (in the case of a paid solution to the issue) for the resulting distribution of land plots or part thereof;
- making appropriate changes to the Unified State Register of Real Estate by submitting the relevant documents to Rosreestr.
The entire process of redistribution of land plots must be accompanied by a specially prepared package of documents.
Sample of a general power of attorney for a land plot of an individual
- Personal initiative of the principal - a statement of revocation is written to the same notary who issued the document;
- Sudden death of the owner of the territory;
- Recognition of the owner as completely incompetent at the time of issuance of the general power of attorney (proved through the court);
- Declaration of the owner as missing (by court decision);
- Confirmation of the fact of compulsion to sign a general power of attorney;
- Incorrect drafting of the document, non-compliance with legal norms and requirements.
Redistribution of land plots in 2020
› Redistribution of land plots is technical work and legal registration of changes in the boundaries, area and perimeter of neighboring lands, which are carried out by agreement of all owners.
Neither the one-off nor the special variety will be suitable for earth manipulation.
As a result, one plot becomes larger at the expense of another by cutting off part of the land. The process of land redistribution begins after the conclusion of an appropriate agreement, the sample and rules for drawing up which are described in detail below. Expert opinion Dmitry SobolevAdministrative offenses lawyer, site expert We also recommend that you familiarize yourself with how the procedure works.
Contents Any redistribution of land involves the cessation of the existence of old territories and the emergence of new territories by changing the previous boundaries. As a result of redistribution, the new plot becomes larger due to the cutting of part of other land, which can belong either to the municipality or to a private individual (neighbor) or individual entrepreneur, commercial company.
Forms of contracts
I, gr. Ivanova Inna Ivanovna, born October 5, 1960, place of birth: mountains. Moscow, citizenship: Russian Federation, gender: female, passport 46 00 800333, issued by the Preobrazhenskoye Department of Internal Affairs, passport office No. 1 of the city of Moscow on April 13, 2003, department code 772-101, registered at the address: Moscow, Preobrazhenskaya street, building 6, apartment 14, with this power of attorney I authorize gr. Svetlana Petrovna Petrova, born October 6, 1961, place of birth: mountains. Moscow, citizenship: Russian Federation, gender: female, passport 46 00 801334, issued by the Preobrazhenskoye Department of Internal Affairs, passport office No. 1 of the city of Moscow on April 13, 2003, department code 772-101, registered at the address: Moscow, Preobrazhenskaya street, building 7, apartment 15,
Redistribution of land plot power of attorney 2020
› At the same time, old plots become non-existent, which is why it is so important to re-survey and register the new area of the plot.
The need for redistribution may arise in the following cases:
- to expand the current holdings by adjoining the neighboring area;
- carrying out communication systems, which according to the plan should be located on the territory of a specific landholding;
- between several heirs, etc.
- the presence of a court decision on the transfer of previously established boundary points of the site;
- when dividing the territory between several owners;
- if the property built on the site violates the law on the minimum distance between boundaries and buildings;
According to the Land Code, redistribution is carried out in accordance with certain requirements. Additionally, the right to pay fees and other appropriate payments may be stipulated.
How to draw up an application for land surveying
To submit an application for redistribution, the following documents are required:
- The application itself;
- documents that confirm ownership;
- a map of the property if there is no land surveying project.
, adjacent plots are also obtained . After the formation of new territories, the old areas cease to exist.
- Moscow Moscow region:
- St. Petersburg and Leningrad Region:
- All-Russian:
Applicants for receiving municipal services are citizens of the Russian Federation, foreign citizens, stateless persons, legal entities or their authorized representatives upon provision of a power of attorney drawn up in accordance with the civil legislation of the Russian Federation (for a representative of an individual - a notarized power of attorney) (hereinafter referred to as the applicants) .
Sometimes redistribution can only be carried out with the permission of land leasers, land users, landowners and mortgagees.
What is land redistribution
12/06/2018 Everyone would like to own a large plot of land. And someone is already independently using part of their neighbor’s plot, but has not legalized the perfect addition.
Considering that unauthorized seizure of land entails the imposition of penalties, a change in the size of a plot at the expense of an adjacent one should be legalized in the prescribed manner.
Redistribution of land plots: what is it?
Redistribution of land plots is a method of creating territories that changes their boundaries, permitted by Russian legislation.
The creation of new territories is carried out by annexing part of a neighboring plot or allocating several plots. The goals of the redistribution (Article 39.28 of the Land Code of the Russian Federation) are: bringing the boundaries of the land into conformity in accordance with; formation of land for the construction of capital construction projects; impossibility of using the land according to its intended purpose (inconvenient approach, wedging of a neighbor’s plot, lack of access to communications);
Briefly about the main thing
A power of attorney for registration of a land plot is a unified document granting declared powers to a third party. An individual or legal entity undertakes to act in the interests of the principal and not to overstep the boundaries of existing rights.
A land plot is a territory outlined on a map, the owner of which may be state or municipal institutions or private individuals. Each object of legal relations has distinctive features, the list of which is fixed at the level of government initiatives.
What documents are needed for the purchase and sale of land you will learn in this video:
Current legislation identifies several unique characteristics of a plot of land:
- area or length of the land plot;
- terrain features, geographic location;
- cadastral number – a unique sequence to identify an object in the general register;
- categories of persons who can become the owner of the site;
- cadastral value – assessment of the value of land, its conversion into monetary value.
This is not a complete list, but it also makes it clear the uniqueness of such an object of law as a land plot.
Land expert
This document must be certified by a notary.
Moscow, , st. Proletarskaya, house No. 65, sq. No. 5, I trust gr. ASTAKHOVA OLGA BORISOVNA, born 02/02/1971, place of birth - Moscow, citizen of the Russian Federation, gender female, passport 03 02 282828, issued by the PVS of the Internal Affairs Directorate of the Central District of the City. Moscow 10.10.2001, division code 232-002, registered: city.
In conclusion, a number of conclusions can be drawn:
- The agreement is a mandatory document for the procedure for changing the boundaries of adjacent plots in the event that the owners of the plots are different persons. If the same department manages the plots, then an appropriate decision is made and no agreement is concluded.
- The act is invalidated if the parties to the agreement are temporary land users. Participants can only be those entities that have ownership rights to the land.
- To complete and further register the agreement, you will need a package of required papers.
- The agreement is drawn up according to a standard written form and undergoes mandatory registration with Rosreestr.
- This document must contain comprehensive information about all participants in legal relations, as well as about the subject of the agreement and.