How to register private property according to the law - documents

Owning a house: how to register land ownership

Before starting this process, you need to be patient and be ready to sacrifice your time going through the authorities to implement your plan! The entire list of documents can be classified into two groups: a citizen’s passport and documents related to the ownership of a private house. A brief algorithm of actions The first step will be to go to the local government - the Administration on the issue of granting land ownership.

In a certain form, you need to draw up an application addressed to the head of the administration. To your application, be sure to attach a photocopy of your passport, documents for a private house (technical passport, cadastral passport, as well as a document on the ownership of your house).

Each administration has a commission or committee dealing with issues of land resources, code and submitting your application.

What can be done if the house is owned, but the land is not owned?

Info

Dear Nikolay. This is your article of the Civil Code of the Russian Federation. To enforce it, go to court. And don't pay anyone anything.

They didn't deserve it. If desired and necessary, I will help in drawing up a statement of claim. Article 234. Acquisitive prescription 1. A person - a citizen or a legal entity - who is not the owner of property, but who in good faith, openly and continuously owns his own real estate for fifteen years or other property for five years, acquires the right of ownership of this property (acquisitive prescription). The right of ownership to real estate and other property subject to state registration arises in the person who acquired this property by virtue of acquisitive prescription from the moment of such registration. 2.

If the house is privatized, but the land is not: what should the owner do?

Important

If it is located at a distance of fifty kilometers or more, an additional payment for delivery or ensuring the arrival of an employee of the district Inventory Department is required;

• Registration of property when transferring a full package of documents at Rosreestr offices will take about ten days; when submitting documents through Multifunctional Centers or through the State Services website, it will take a little longer - fifteen to twenty days. The result of state registration is an extract provided to you from the Unified State Register of Real Estate about the status of the immovable property and the existing restrictions and encumbrances regarding the residential building.

If ownership of the land is not registered and information about it is not included in the unified register of real estate, including cadastral registration, then the time for legitimizing the structure increases significantly.

Neither sell nor give away

Without registration of ownership of his country house, built on a plot of land received for individual housing construction (IHC), the owner will not be able to sell, exchange, donate, or officially lease this property. In addition, if the house was not purchased, but built by the owner of the land, then without government registration this structure does not officially exist.

Do I need permission to build a house on my own land in 2020?

There is a practice - but only in relation to agricultural lands monitored by Rosselkhoznadzor - that if a site is not used for agricultural production, then instead of the maximum rate of 0.3%, the rate for “other” types of use (maximum 1.5%) is applied - ( Letter of the Federal Tax Service dated No. BS-4-21/5157). A similar situation exists with the use of summer cottages in business activities (letter from the Ministry of Finance of Russia dated No. -02/4987).

You can submit an application and documents both at the Rosreestr branch and with the help of Multifunctional Centers. In addition, it is possible to send an application with electronic scans of documents and pay state fees through the online Government Services portal. You will still have to receive ready-made documents with an extract from the Rosreestr branch at the location of the real estate property.

Note! No one will prohibit citizens from living in a legally non-existent building, but they cannot take any actions related to its alienation for a fee or free of charge. It is for this reason that the property must first be registered.

House owned, land not

Attention

You can ask our lawyer any questions you are interested in. Consultation with a lawyer is free. Enter your question into the online consultant box at the bottom right of the screen - it's fast and free.

You can also call us at toll-free numbers: 8 (499) 703-35-33 ext. 658 - Moscow and region; ext. 310 - St. Petersburg and region; ext. 286 - all regions of the Russian Federation. Calls are accepted 24 hours a day. Questions related to the registration of land as private property arise frequently, and every year this topic only becomes more relevant.

And constantly improving legislation, nuances with cadastral valuation of land, a lot of subtleties sometimes lead many Russians to a dead end. It should be noted that the procedure and process of registering land plots under houses as a property can be quite troublesome.

How to register land when you own a house?

Registration of the land under the house provides many advantages:

• full property rights that open up opportunities for sale, exchange and inheritance;
• protection of your home from illegal actions: only its owner can dispose of the registered territory - no one will be able to build anything on it or demand payment from you;
• the possibility of erecting and registering new buildings, without registering the territory, all structures erected on it will be considered “sabotage”.

Registration of land under a privatized house also has negative aspects. For example, if you have to pay property taxes, which increase every year. All concerns and expenses for maintaining the territory will fall on you, as the owner of the property.

Private property rights - types, forms, origin

According to the form of ownership, the law divides the following types:

• general (collective (legal entity as a subject), family (for an individual), etc.); • private; • state.

Types are divided into subspecies, but this is only relevant for the general or state form. For example, a sole owner has the right to dispose of it entirely at his own discretion. In the general form, the consent of the second party (the remaining owners) is required.

The origin of the family and private property and the state according to Engels is very interesting. It also states that private ownership appeared as a result of the division of labor activity (when the first worker appeared), and its productivity (creation of production) made it possible to make transactions (a means for sale, exchange, etc.).

The origin of the family according to Engels describes the destruction of the clan layer, the fruit of enslavement and oppression and the emergence of a class system (craftsman, peasant). He points out that classes and the state and private property appeared in a certain economic period (its development).

Inviolability of private property

The Russian Constitution guarantees the inviolability of private property. The Civil Code of the Russian Federation (Article 235) provides an addition with a detailed description. Some paragraphs contain information on which a person may be deprived of his rights (take away property). There are very few such options and they are only possible if there is a court decision (infiltration of land or illegal crossing, for example).

Law on private property in Russia

The legislative document contains instructions in what order alienation should take place from one entity to another). In particular, Article 35 of the Constitution indicates that public lands are subject to transfer to private ownership only if the transfer does not violate his (the citizen’s) rights. This provision is relevant only for residents of the Russian state and its citizens. Other rules for land transactions, incl. with foreigners is regulated by the Land Code of the Russian Federation.

The house (structure) is owned, but there seems to be no land underneath it

If a court hearing is unavoidable, draw up a statement of claim and attach the following documents:

• Copies of the application for the defendant (local government body) and the judge;
• Calculation of the value of real estate (for the claim value);
• Documents on the ownership of a plot of land;
• A document confirming the fact of payment of the state duty;
• Documents that confirm the safety of the structure.

a statement of claim for recognition of ownership of a residential building can be found here In accordance with Article 396 of the Tax Code of the Russian Federation, real estate that the owners have not registered for ten years or more is subject to double taxation for the entire missed period of time.

Peculiarities of registration of land under the house as property

In this case, it is necessary to contact the local administration with an application for the transfer of land rights at its cadastral value. In this case, the procedure will be longer and will require quite significant expenses, since cadastral work will have to be carried out to establish the boundaries of the site and register it with cadastral registration. In addition, if the plot was granted ownership in 1998, a record confirming ownership must be in the Unified State Register of Rights. There is also a high probability that all documents for the land will be in order.

When the house and land have different owners. And if the plot and buildings are bequeathed to different persons, as in the example at the beginning of the article. According to civil law, real estate has a constitutive feature, that is, all buildings are firmly connected to the land on which they are built.

• Real estate
• Land law
• Hello.
  I am planning to purchase a private house. I have documents for the house, but the land plot is not registered in any way. There is no privatization or lease agreement. The sellers carried out land surveying, received a cadastral passport and an extract from the Rosreestr, which indicated that the land was not leased or owned. Is it possible to privatize this land in the future and what problems may arise? Thank you. land ownership Collapse Victoria Dymova Support employee Pravoved.ru Similar questions have already been considered, try looking here:

• Do I need to pay taxes on a house if the land underneath is not owned?
• I can’t register the house and land, there are no title documents

Lawyers' answers (2)

• All legal services in Moscow Reduction of cadastral value Moscow from 80,000 rubles.

Privatization of land under a private house

• submit an application for a cadastral passport for the plot under the house to Rosreestr (alternative ways to submit an application are at the office of the MCF State Budgetary Institution “My Documents” closest to your home or through the government services website);
• we wait for the surveyor to conduct a study of the area and mark the boundaries, contact Rosreestr again and receive a cadastral passport;
• We are writing an application for privatization to the administration.

• the allotment is not state or municipal property;
• a person previously, at an adult age, has already participated in the free privatization of land;
• The owner of the house does not have title documents for the site.

Interesting: Article 228 of the Criminal Code of the Russian Federation, part 5

What can happen if the house is owned but the land is not?

It is necessary to contact the local administration to obtain a document on the allocation of the plot to the previous owner. This may be an extract from the household ledger, an order or an act of allocation. In accordance with Part 9.1 of Art. 3 of the Federal Law “On the entry into force of the Land Code of the Russian Federation” dated October 25, 2001 No. 137-FZ, if in an act, certificate or other document establishing or certifying a citizen’s right to a land plot provided to him before October 30, 2001, that is, Before the entry into force of the Land Code of the Russian Federation, the right under which the land plot is provided is not indicated, or it is impossible to determine the type of this right, the land plot is considered to be provided to the citizen on the right of ownership. But it may also happen that you will not be able to obtain such a document.

What to do if you own a house, but not land? In the Soviet Union, land was state-owned; citizens were sometimes provided with plots of ownership, but more often - for temporary use in two versions: permanent perpetual use and lifelong inheritable ownership. Both options exclude the possibility of selling the land, and in the first case inheritance is also impossible.

At the same time, houses and other buildings on this land could be property, and therefore were inherited, donated, or sold. Therefore, nowadays it is not uncommon for a heir, having received a house by will or by law, to discover that there are no papers confirming the testator’s ownership of the plot. In this case, there may be two options. The first is the least expensive in terms of effort, money and time. When you have questions and various difficulties with the correct preparation of all the documents required for registration of land ownership, then it is recommended to quickly contact a law office. At the same time, experienced and sufficiently qualified lawyers will assist in the preparation of all documents. What documents need to be collected in order to register ownership of land? In order to be able to register a land plot under a residential building as ownership on a completely legal basis, you will need to collect a variety of documents. When the owner of a house is faced with a task that requires registration of ownership of a plot of land, then he should contact Rosreestr. It will be necessary to prepare in advance all the required documents and certificates that are established by the current legislation in our country.

Privatization of land

Owners of houses with attached plots should be aware that problems with privatization may arise if the house was built illegally or if the property was illegally reconstructed. If you are reconstructing a building, want to reduce or increase its area, or engage in reconstruction, the process must be legalized. Otherwise, there is a risk of losing your plot and all rights to ownership. It is important to know that the owner may also lose ownership rights. If the owner has all the title deeds for the house, privatizing the land will not be difficult. In Russia today, untitled land ownership is widespread. This means that the citizen has all the title documents for the house, but he does not have them for the land. The plot actually belongs to the owner, since he uses it for one purpose or another. The problem is that it becomes unclear on what basis the owner should purchase land. Either purchase it as property or rent it. This problem has existed for many years. Homeowners often argue that land rights should be established in the manner they choose. In particular, many choose freehold ownership. Most house owners believe that they are full owners of the land even without the relevant documents. The current legislation of the Russian Federation provides that citizens who own a house have the right to choose whether to buy a plot of land or use it by renting it. It is important to note that all the provisions set out in the legislation are aimed at combining ownership rights to the house and the plot. Many issues regarding the rights to a land plot with a house should be resolved in court. It is impossible to seize a plot of land from the owner of the house.

The Land Code of the Russian Federation provides for restrictions on the privatization of land. Next we will consider which areas cannot be privatized. First of all, these are state reserves, FSB facilities and state security agencies. It is important to know that prison institutions, civil and military burial grounds are not subject to privatization. Among the land plots prohibited for privatization are reservoirs, rivers, and forest areas.

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