How to give up part of a land plot owned

Possible reasons

In order to legally formalize a waiver of the right to a particular plot, its owner must have compelling reasons for this, which will serve as the basis for the documents provided to make the corresponding decision. These reasons include:

The inability to fully exploit the site due to its remote location or the presence of encumbrances on it that make the operation of the site impossible for the purposes of owning it;
Imposition of encumbrances on the site, which, although not significant, limit the possibility of its use due to the specifics of the established requirements for operation;
The size of the site does not correspond to the purposes of its operation, if it arose as a result of natural or man-made events;
It is not practical to use the site due to the high costs of its operation;
The fertility of the site has sharply decreased due to natural or man-made circumstances, due to which it cannot serve its purposes.

Each of these reasons must be documented, since the provision of such evidence will be required when filing an application for waiver of rights to the allotment.

Legislation

The regulator of the rules of circulation of land resources in the Russian Federation is the current legislation of the federal, regional and local levels.
List of main Codes in the field of land relations:

Town Planning Code of the Russian Federation;
Land Code of the Russian Federation;
Tax Code of the Russian Federation;
Housing Code of the Russian Federation.

On the basis of the Codes, Federal laws have been developed, on which, in turn, regional and local legislation in the legal regulation of land issues is based. The voluntary assignment of a land plot to the state is regulated by Article 53 of the Land Code of the Russian Federation.

Article 236 of the Civil Code of Russia establishes the right to refuse property, but specific actions that can be considered as such are not defined.

The procedure for the voluntary transfer of land rights under the new rules in accordance with the law has been simplified, but there are also legal nuances.

Relinquishment of a plot owned by right of ownership

This option is the simplest, however, at the same time, it is associated with the need to prepare a large number of documents to carry out the entire procedure.

It should consist of the following stages:

Application for a specific plot and termination of all obligations regarding it on the part of the previous owner;
Receiving relevant documents from the authorized department of the municipality or Rosreestr stating that the documents have been accepted for execution;
Registration of abandonment of the site along with its registration with the new owner (represented by authorized state bodies);
Changing information in cadastral databases.

Since the right of ownership can arise for various reasons, the place where the application for abandonment of the plot will be filed will also be different. If the plot was inherited, you should contact the municipal authorized bodies.

In all other cases - to Rosreestr represented by its territorial divisions.

When submitting an application, you will need to prepare the following documents:

A document confirming the existence of rights of ownership and disposal;
A passport or other document that can confirm the identity of the applicant if we are talking about an individual;
For a legal entity, you will have to prepare an extract from the Unified State Register of Legal Entities, which is prepared no earlier than six months before the date of submission of documents;
Cadastral documents for the land, which will also include a copied fragment of the cadastral plan of the territory;
If we are talking about legal entities, then they will need to provide the consent of the founder for the organization to abandon such property;
A notarized power of attorney to represent the interests of the applicant regarding the abandonment of the plot.

If the land is no longer needed

The applicant's details, address and contacts are also provided.

The name of the document is written in the central part.
The main text contains the title documents for the land plot and information about it. Reasons for refusal in accordance with land legislation are also given.
The annexes contain documents and copies that are submitted along with the application.
The date of compilation and signature are placed at the bottom.
Regardless of where the application is sent, termination of ownership rights is carried out in Rosreestr. What other documents are needed? Along with the application, you must send a copy of the document confirming ownership or perpetual use. A passport is also attached to help verify the applicant’s identity.

If the land was at the disposal of a legal entity, then the consent of the founders is attached.

Statement

This document is the main one on which the petition for termination of the existing property right will be considered. For this reason, he should pay special attention and carefully complete the following sections:

“Head” of the document: it contains information about the government body to which the appeal is made;
Information about the applicant and an indication of the right to use a particular site, as well as on what basis such a right arose;
Data about the site indicating its cadastral and physical characteristics (cadastral number, area, location address);
The reason why the owner abandons this property.

This document is filled out not only if the site is used on the basis of ownership, but also if it is subject to permanent perpetual use or lifelong inheritable possession.

You can download a sample document from the link.

In what case is it impossible to give up land?

The basis for the termination of the right to dispose of land territory will be a citizen’s statement of refusal. In addition, there should be no circumstances that prevent the procedure from being carried out. The following obstacles can be identified:

the presence of buildings and structures on the territory owned by the applicant;
the presence of encumbrances on the site, for example, a ban on alienation.

It is important to note here that an easement is not always an obstacle to abandoning a land plot. Typically, the reason for initiating such a procedure may be the inability to use the property. An inconvenient location, infertility of the soil or a small area may have a negative impact. You will have to pay taxes for the plot, which is also very burdensome. As a result, people prefer to give up their allotment voluntarily.

We invite you to familiarize yourself with: Civil legal relations: examples from life, character, subjects and objects

- possession,

- use,

The refusal procedure is regulated by Art. 53 of the Land Code of the Russian Federation.

First. We submit an application to the Rosreestr Office of the constituent entity of the Russian Federation in which the land plot is located.

The application is written by hand or compiled on a computer according to the established template. The application must indicate the name of the government body to which the application is submitted, full name. applicant, his contact details, name of the application. The main part of the application contains information about the location of the land plot.

Timing and cost

The total duration of the procedure for registering the abandonment of owned land is at least forty-five days from the date of filing the application with the authorized body:

Within thirty days from the date of submission, the application, along with all attached documents, is considered by employees of the relevant body or division;
Three days are given to send a response to the applicant based on the results of consideration of his application;
Within seven days from the date of sending the corresponding response, the state, represented by its regional or municipal representative body, applies to Rosreestr for registration of ownership rights to the newly acquired plot;
For five days, Rosreestr reviews the submitted documents and issues for the site: an extract from the Unified State Register to representatives of authorized state or municipal bodies about the emergence of their ownership rights and to the former owner - a confirming certificate stating that such property no longer exists for him.

As for the cost of refusal, for the owner the main costs will be associated with obtaining an up-to-date cadastral passport and, if necessary, a boundary plan (the total amount will range from 2 to 10 thousand rubles). For a municipality or other government bodies, the amount of state duty is set as for other legal entities in the amount of 22 thousand rubles.

The good thing about using a letter of credit when purchasing real estate is that the bank takes full responsibility for the operations.
To register the purchase and sale of an apartment, you need a certain package of documents. Which ones - read about it in our article.
How to properly sell a child’s share in an apartment and is it even possible to do this? Find out about this from the article.

Reasons for owners' refusal to relinquish land

- possession,

- use,

- disposal of land.

The owner of the land can use it for agriculture, individual housing construction, country house, garage, as well as for other purposes that do not contradict the legislation.

“Relinquishment of land ownership” refers to the voluntary termination of rights to land. The possibility of renouncing ownership of a plot of land at the personal will of the owner is provided for by the Land Code of the Russian Federation. Payment of compensation to the previous owner is not provided.

Surely the question arises: why give up land if it can be sold. But there are cases when this is not possible. For example, a plot of land is located in a hard-to-reach area, for which there is unlikely to be a buyer. But this circumstance does not relieve the owner from the obligation to maintain this site, which may require considerable financial costs.

Another example is if there are any encumbrances - other citizens can move freely through the site. The owner is unlikely to like this circumstance.

The site may not be used for a long time or the need to use it for its intended purpose has disappeared.

Reluctance to pay land tax is also possible.

If a person simply does not use the site, then in some cases this may result in an offense for which liability is provided. For example, non-use of a land plot intended for agricultural production or housing or other construction for three years.

All reasons must be supported by relevant documents.

The law provides for the right of the owner to abandon his property. This possibility is reflected in Article 236 of the Civil Code of the Russian Federation. The procedure for applying and the conditions under which an application can be submitted are reflected in Article 53 of the Land Code of the Russian Federation.

But there are cases when it will be difficult to abandon a plot. This is due to the fact that there may be buildings, structures, and various structures on the land that are owned by the owner. It will be difficult to refuse if property, including land, is inherited. The plot cannot be transferred to the jurisdiction of the municipality, but must go to one of the other claimants for the inheritance according to the principle of priority right. If all other heirs have expressed a written refusal, then such land can be alienated by way of voluntary refusal.

If the owner of a land plot decides to renounce ownership of it, he needs to understand how this procedure occurs at the legislative level. Below we will look at how to renounce ownership of a land plot and what main points need to be taken into account.

There are a number of circumstances when it will not be possible to formalize the abandonment of land territory. This is due to the fact that there may be a building or structure on the land that is considered the property of a citizen.

When a person wants to give up a plot received by inheritance along with other property, he will not be able to do this. According to the law, upon inheritance, the successor is obliged to formalize a waiver of the entire inherited estate or accept the property in full.

If for some reason the owner cannot sell or transfer a plot of land, then the law provides for a procedure for abandoning it.

The most common reasons for refusal to use land are:

the citizen notes that he has to spend significant financial resources to use the plot;
the site does not meet all operational requirements due to the presence of an encumbrance, which limits the rights of the owner;
the location of the site at a considerable distance from the nearest populated areas makes the process of using the land quite difficult;
the site was subjected to man-made or natural impacts, which significantly deteriorated the properties of the soil and made it impossible to further exploit the site for its intended purpose.

Difficulties will arise if the site contains buildings and structures that belong to a citizen by right of ownership. In accordance with the requirements of the Land Code of the Russian Federation, renunciation of ownership of a land plot implies renunciation of rights to objects located on its territory.

You cannot give up the land while retaining the right to use the buildings.

It will not be possible to refuse a land plot that is included in the inheritance mass. The municipality will be able to receive land only if there is a written refusal from all existing assignees.

Relinquishment of a plot of land for permanent perpetual use and lifelong inheritable possession

Regulation of such a refusal is carried out, as in the case of a owned plot, with the help of the Land Code (clause 3, 3.1 of Article 53) and the Civil Code.
At the same time, if the Land Code regulates the process of refusal to use such a site, then the Civil Code is entrusted with the obligation to exercise control, with the exception of possible obligations regarding the site from which the refusal was issued. As mentioned above, the basis for considering the issue of abandonment of a site will be the application of the person (regardless of whether it is a person or an organization submitting it) who was involved in the use of a specific site.

The list of documents will be the same as in the case of abandonment of a plot of land owned, with one exception: instead of documents on the ownership of the plot, it will be necessary to provide an extract from the Unified State Register or the original resolution of the authorized body on the provision of a specific plot for use or inherited possession.

Abandonment of a land plot acts as the very last method of alienation of land if it was not possible to get rid of it in other ways, for example, by sale or donation. In this case, in order to avoid violations of current legislation, the refusal should be documented in compliance with all established requirements.

How to give up a plot of land

Advice from lawyers:

1. Can a husband give up his share of a plot of land in favor of his children?

1.1. You can give your share to your children.

Did the answer help you?YesNo

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2. How can I refuse a share of a land plot issued to a large family?

2.1. Hello! If you have registered ownership, you can donate or sell your share.

Did the answer help you?YesNo

3. Is it possible to give up part of a land plot in rural areas?

3.1. It is possible, but you will have to pay for cadastral work to demarcate the part of the land plot that you are giving up from the part that you are keeping for yourself.

Did the answer help you?YesNo

3.2. Good afternoon Can. You have the right to apply to Rosreestr for refusal (Article 56 of the Federal Law “On State Registration of Real Estate”). But it is necessary to take into account that at the time of refusal, your ownership of the land. the plot must be registered in the Unified State Register of Real Estate. Best regards, Dmitry.

Did the answer help you?YesNo

4. On a plot of land with 2 houses, the owners are cousins, brother and sister, and the brother and sister have a share in two houses, how to renounce the shares in favor of each other.

4.1. In this case, it can be done through giving each other their shares.

Did the answer help you?YesNo

5. According to the will, a house and a plot of land for two people, 1/2 each. Now is the time to write an application to a notary to enter into an inheritance. I am offered to renounce my share under the will for money, that is, to pay the cost of the share in exchange for an application from a notary public about renouncing the share in favor of the second heir. What to do to avoid being scammed with your payment.

5.1. Let them put down a deposit for the amount you agree on. You will fulfill the conditions and receive the money.

Did the answer help you?YesNo

5.2. They accepted the inheritance and sold the share.

Did the answer help you?YesNo

5.3. Natalya, You cannot refuse an inheritance for money; current legislation does not allow this. Therefore, you will not formalize it properly. Accept the inheritance, and then manage your share.

Did the answer help you?YesNo

6. The land plot (where the building is located, the dacha) was purchased in 2020, registered in the name of two owners. They didn't pay for anything for three years. What happens next in case of non-payment? And one of the owners wants to give up his share in favor of the state. How can I do that? Will I have to pay for it (taxes or something else)? And will the consent of the other owner be needed? Thank you.

6.1. Money may be recovered from you in court. For that. To refuse in favor of the state. You need to apply to the administration.

Did the answer help you?YesNo

7. I decided to sell an agricultural land plot, but this transaction has the right of the first buyer of the Administration: settlement, district and region. Are administrations parties to the transaction if they have waived the right of first buyer? Federal Law No. 101 dated July 24, 2002. Thank you.

7.1. If there was a refusal, then you can sell to anyone you want.

Did the answer help you?YesNo

7.2. If the answer is not substantive, then go to a lawyer, for a fee.

Did the answer help you?YesNo

8. My three sons and I received a plot of land as a large family, each with a 1/4 share. Can my eldest son (23 years old) give or otherwise give up his share in favor of his mother, i.e. me? How to do this more economically?

8.1. Donation agreement Articles 153 and 160 and 420-422 of the Civil Code of the Russian Federation and registration with the Federal Reserve System.

Did the answer help you?YesNo

8.2. If you have already received the certificates and he is an adult, he can give you a share and that’s it. re-register for yourself.

Did the answer help you?YesNo

9. The ex-husband, while still married, not long before the divorce, harshly forced her to give up her share of the land plot on the condition that after paying off the mortgage, he would give up his share in favor of the child. Can I restore my rights to a land plot? She refused under pressure. And the ex-husband made it clear that he would not give up his share in the apartment.

Read also:

9.1. Hello, Yana! It all depends on when it was? What confirms that you forced him?

Did the answer help you?YesNo

10. Adjacent neighbors decided to jointly chip in to do land surveying, I refused to participate in this because when buying the land, the cadastral engineer established the boundaries of my plot, so the neighbors began to come to me with a deed and demand to sign it, is it legal and how to sign this at all act if I have not seen the plan of their plots and cannot be sure that according to the documents they did not chop off a piece from my land plot.

10.1. If your boundaries from neighboring plots were previously established and the cadastral engineer provided information about this, then you do not have to sign anything. These boundaries have already been established and the cadastral engineer who carries out work for neighbors must enter them by default.

Did the answer help you?YesNo

10.2. You are absolutely right in your reasoning. Moreover, the coordinates indicated in the Act may be on your site; this can only be checked by an engineer.

Did the answer help you?YesNo

11. We received a plot of land as a family raising a disabled child; it is possible to refuse it and receive money.

11.1. You have been allocated land for development. And you are not entitled to compensation.

Did the answer help you?YesNo

12. The husband renounced his share of the land plot in favor of his sister after the death of his parents. After the sale, the money was to be divided. But my sister didn't do this.

12.1. Olga, your husband refused voluntarily and nothing can be done in this situation.

Did the answer help you?YesNo

13. Refuse in favor of the daughter, while obtaining from her a receipt for the use of the land plot.

13.1. The receipt is invalid. Conclude an agreement for free use of the site.

Did the answer help you?YesNo

Consultation on your issue

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14. Our society wants to terminate the right to perpetual use of the land plot, but the Territorial Administration of Rosreestr refused us because on the land plot there was a piece of real estate owned by the society. Can we challenge this decision? And how now to refuse the right to unlimited use of the memory. Thanks in advance for your answer.

14.1. Hello. You can challenge everything in accordance with Art. 218-220 CASS RF. But how to do everything right - it’s paid. Contact any of the site's lawyers in a personal message.

Did the answer help you?YesNo

14.2. Options for demarcating the site are possible, taking into account the allocation of a mandatory site adjacent to the object.

Did the answer help you?YesNo

15. 1) Is it possible to buy into ownership a PART of the land plot under the house (owned house)? And what is the procedure, if possible? The land is leased for 50 years from the municipality, private housing construction, land surveying has been carried out for the entire plot (7 acres). 2) Is it possible to give up 3 acres of land, leaving 4 out of 7 for yourself? to avoid paying extra rent if the land is not used (empty)

15.1. Resolve all issues with the administration and the land committee.

Did the answer help you?YesNo

15.2. Good day. First, I need to look at your documents, after which I can tell you what needs to be done. You can call or write to WhatsApp 89132815586

Did the answer help you?YesNo

16. Divorced. During marriage, a plot of land was purchased. My ex wants to give up her share in my favor. There is a 6 year old child. The plot is registered in my name.

16.1. What's the question? If you enter into a gift agreement, you will have to pay income tax - 13% of the cadastral value of the share.

Did the answer help you?YesNo

17. The ex-husband died, from this marriage there are two minor children, 17 and 16 years old, during the marriage a plot of land with a house was acquired, 1/4 share for each. My ex-spouse has large debts on loans (I don’t have documents on hand for these loans), I don’t know the exact amount, there is an assumption that it’s about 1,000,000. Tell me what to do, enter into an inheritance or refuse? The market price of a plot with a house is approximately 500,000 rubles, cadastral price is 350,000 rubles.

17.1. As an ex-wife, you will not be able to claim the inheritance. Article 1142 - no mention of ex-wives. Children can join, but you will have to pay off the amount owed.

Did the answer help you?YesNo

18. Katerina: Hello! Please tell me if a person is bedridden and does not speak. How to correctly formalize his refusal of inheritance in favor of his granddaughter? We are talking about a plot of land, he is the heir by law, his mother’s plot, she died, her husband too, the rest of the heirs are ready to give up in favor of me, but he himself is on disability and I don’t know how to do everything correctly.

18.1. Since she doesn’t say anything, it’s the court’s turn to recognize her as incompetent and appoint a guardian.

Did the answer help you?YesNo

19. After my father’s death (2018), my mother registered an inheritance (land and house) in my name. My brother only verbally (while my father was still alive) renounced the inheritance. I want to sell my house and land. The buyer wants a notarized refusal of the brother's inheritance. How then did the notary draw up all the documents for me without my brother’s refusal?

19.1. The brother probably was not registered with his father at the same address and did not claim his rights to the inheritance within six months after his father’s death. Otherwise, the brother had to formalize a notarized renunciation of the inheritance and it is kept in the inheritance file by the notary.

Did the answer help you?YesNo

19.2. Vadim, And now you won’t be able to formalize your brother’s notarized refusal of the inheritance. You are given 6 months for this, the deadline has already passed. Your brother and mother did not accept the inheritance; everything is properly arranged for you. This buyer is too smart...

Did the answer help you?YesNo

20. Can a neighbor register by acquisitive prescription a land plot that is in common ownership with her and an allocated part of her neighbor’s house if he died a year ago and the heirs refused the inheritance? Is the time of possession of the deceased neighbor's property added to the period of acquisitive limitation? '

20.1. No, this period is 15 years.

Did the answer help you?YesNo

20.2. Hello Olga! Is the time of possession of the deceased neighbor's property added to the period of acquisitive limitation? ' is not added. To present claims in court by filing an appropriate claim, a set of conditions is required: good faith, openness, continuity of ownership for fifteen years + 3 years (statute of limitations) = 18 years: Civil Code of the Russian Federation Article 234. Acquisitive prescription 1. Person - citizen or legal entity , - not being the owner of the property, but conscientiously, openly and continuously owning as his own real estate

, unless other terms and conditions of acquisition are provided for by this article,
within fifteen years
or other property within five years, acquires the right of ownership of this property (acquisitive prescription).

Did the answer help you?YesNo

We own a plot of land. The chairman asks for contributions per year, three thousand rubles.

As a large family, we are entitled to a plot of land. The documents were completed in the summer, we are standing in line.

In order to repay my debt, the bailiffs are putting up a plot of land for auction.

Please tell us how a large family was given a free plot of land in a TM swamp without more costs and no utilities,

Is it possible to refuse a plot of land if the inheritance includes an apartment and a plot of land?

The land lease expired on February 4, 2020. But the building permit is until 2026.

My sister has a large family. When three children were born, the registration was in the Novgorod region,

A difficult situation has arisen. More than 20 years ago, my husband and I used a plot of land (without hiding it, we paid membership fees all this time).

How can you refuse the city and the cooperative? Not necessary. The land plot has already been abandoned.

The land plot did not officially participate in the division, how can I refuse it and receive monetary compensation?

Can a neighbor register a land plot by acquisitive prescription?

Governing legal norms

Relinquishment of the right to land ownership can be carried out only legally and on the basis of Federal Law No. 218 of July 13, 2015 “On State Registration of Real Estate”, as well as Art. 53 of the Land Code of the Russian Federation.

Situation 1

We are a large family. We purchased the plot 2 years ago. But now we don’t use it and, in principle, we don’t want to cultivate it for life. Can my spouse and I renounce ownership within a month if the plot is distributed in equal shares? Paying for it became unaffordable. There is a sawmill and a two-story house there.

Expert's answer: You can carry out the procedure in the absence of your spouse if he writes and notarizes a power of attorney. You will be able to act as a representative of his interests and a trustee for any other transactions with his share of real estate. And the occurrence of problems in this case is excluded.

Situation 2

Please tell me, can we waive our ownership rights if the documents for our summer cottage plot are not in order and we have not gone through the land surveying procedure? And what can be done in this case?

Answer: According to Federal Law No. 218 “On Real Estate Registration”, in order to carry out any operations with a summer cottage, it must undergo a mandatory land surveying procedure. This condition must be observed to avoid undesirable consequences. Therefore, the sooner you begin to resolve this issue, the better. Once all documentation is in order in accordance with legal requirements, you can submit an application based on the sample.

Situation 3

I inherited land from my uncle for gardening, which he was constantly engaged in during his lifetime. But there is no need to use the allotment, and paying tax every time is tiring. This property is not needed, and you don’t want additional red tape; it’s easier to immediately formalize the relinquishment of ownership. Is it possible to do this? What would be correct from a legal point of view?

Answer: You can issue a refusal. To do this, you need to contact the nearest branch of Rosreestr or the MFC with an application for refusal of property.

From the moment the land is renounced, the citizen’s rights to use it as an object of sale, exchange or donation, to exploit it for its intended purpose, to erect buildings on it, to plant trees and shrubs or to dispose of it in other ways are completely terminated.

Possible problems

If there are no obstacles to abandoning the site, the procedure proceeds quickly. It is recommended to contact a lawyer for assistance in drawing up an application and collecting documents. This will speed up the procedure. If the application form is filled out incorrectly, Rosreestr will return it without consideration. Additional time will be required to make corrections.

Problems arise for those citizens who want to give up a plot received by inheritance. In such situations, a refusal will be sent in response to the citizen’s appeal. This is due to the fact that other heirs have priority rights to own the plot.

Such a plot cannot be transferred to municipal ownership. It remains in the possession of the heirs.

The land can be transferred for use by the municipality only if the heirs write a written renunciation of the right to the land.

The owner of a land plot has the right to return the plot he abandoned. Ownership of land can be restored no later than 12 months. To do this, you need to submit an application to the territorial office of Rosreestr.

What to do when imposing the boundaries of a land plot?

How to make an application

— a copy of the citizen’s identity document (passport);

— cadastral passport for the land plot, if it was previously issued;

- documents confirming ownership of the land plot (for example: certificate, extract). If the right to a land plot is not registered in the Unified State Register of Real Estate, then the provision of the specified document is not required;

- documents confirming the presence of a real estate property on the land plot (for example: BTI certificate, certificate of registration of ownership, extract).

— documents confirming the authority to act on behalf of a legal entity (notarized power of attorney, decision of the founders (founder), extract from the Unified State Register of Legal Entities);

— copies of constituent documents (certificate of registration of a legal entity, charter);

— consent of the meeting of founders (founder) to renounce ownership of the land plot;

— cadastral passport for the land plot, if previously issued;

Additionally, other documents may be required during the procedure. For example, a notarized consent from the spouse, if the property belongs to jointly acquired property and there is no agreement on the division of shares. If a mortgage or loan was issued for the property upon purchase, then when submitting an application, a certificate of full repayment of the debt and an agreement to terminate the contract with the bank are provided.

It should be remembered that if a real estate object (house, or other building) is located on a land plot, then the waiver of rights to the land plot simultaneously applies to such a real estate object, that is, it is impossible to retain ownership of the real estate object, any compensation for the object real estate is not paid (paragraph 2, part 4, article 35 of the Land Code of the Russian Federation).

The period for consideration of the application is 1 month, a copy of the decision based on the results of consideration of the application is sent to the applicant within 3 days from the date of its acceptance.

In addition to the standard application, you will need to prepare a whole list of required papers. The list will include the following documents:

certificate of land ownership;
cadastral passport;
a copy of the owner's civil passport;
a power of attorney addressed to the representative if the documents are submitted by a third party.

If the documentation is lost, then the specialists of the registering organization will make a request as a matter of routine. In the absence of obstacles to the abandonment of land, no problems should arise in carrying out the project. If difficulties arise, it is worth engaging an experienced lawyer.

The procedure for terminating the right to a land plot after acquisition is carried out after the owner submits an application.

You can get a ready-made form from the following organizations:

at the state registration authority;
at a notary;
in a lawyer's office;
on the Internet resource of Rosreestr.

Body of the state institution to which the document is sent), full name. the applicant (from whom), as well as his address and telephone number (written in the upper right corner);
The name of the document (“application”) is placed in the center of 2/3 of the sheet;
the central part of the document: data on the territorial location of the object, the main request and the reason on which the appeal is based;
Signature and date are required at the bottom.

If the owner or developer has all the documents, including the purchase and sale agreement, then the application is sent to the nearest branch of Rosreestr;
in cases where the land plot is given for indefinite land use (lease, etc.), the document is sent to the municipal administration to remove the right, the contract for individuals and legal entities is terminated.

Terms of consideration

On average, the processing time for an application after an application is 30 days. Waiting for a decision to be made at the first stage is allowed and is 3 days.

Within a week, Rosreestr receives a package of documents and registers all the data, then sends them to the tax office.

After the requested and received information, Rosreestr sends a notification about the completion of the suspension procedure.

In accordance with Article 35 of the Land Code, alienation of land is impossible without real estate located on it and owned by the applicant.

It is advisable to entrust the preparation of the application and the collection of documents to specialists or to do this after consultation with them, otherwise a lot of time can be lost due to errors.

Acceptance of an application for the return of an inherited plot to the state will be refused if the remaining heirs have a priority right to receive a land share. For registration, you will need to obtain written consent to the alienation of all possible heirs.

You can compose a document in writing or print it on a computer. Samples can be found at Rosreestr offices.

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Grounds for termination of ownership of garden and dacha land plots

According to Art. 44 of the Land Code of the Russian Federation and Art. 235 of the Civil Code of the Russian Federation, ownership of a land plot can be terminated when the plot is alienated in favor of other citizens or when the owner refuses the land plot. Also, the basis for termination of land ownership rights is the loss of property, its destruction or death.

The territory cannot be forcibly seized from the owner, except in exceptional cases, such as:

collection of the owner's obligations;
alienation of property that, by law, cannot belong to a given citizen;
seizure of land when used inappropriately.

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The basis for termination of ownership rights to the territory may also be the alienation of an unfinished construction project due to the expiration of the lease agreement regarding the allotment or the seizure of the territory for the needs of government agencies or the municipality. Requisition, confiscation and ransom of ownerless cultural property or domestic animals may also be reasons.

Relinquishment of the right to a garden and dacha land plot is carried out within the established procedure. The procedure includes the following steps:

Prepare a package of required papers, fill out a standard application and contact Rosreestr.
Submit a package of documents for review.
Department employees review the application and, if there are no violations, register a waiver of ownership of the land. The application review period is 30 days.
At the next stage, the land acquires the status of ownerless and remains so for a year.
After a year, the municipality has the right to apply to the courts with a claim to recognize the land as municipal property.

What grounds could there be for confiscating a plot of land from its legal owner?

If collection occurs at the will of the owner.
If the state alienates a land plot, which, according to the law, cannot be owned by citizens.
If the state takes away a plot of land for its improper use.
If there is an unfinished construction project on the site and the land lease agreement between the state and the citizen has expired.