What document confirms ownership of a land plot in 2020

Title document for a land plot - what is it?

Any right relating to a land plot must have a basis. The fact of their presence is confirmed by title documentation.

Do not confuse the concepts of “legal confirmation” and “legal establishing” document. They are significantly different. The document confirming the right only notifies that the corresponding record of the existence of the right has been entered in Rosreestr. For example, such a document can be called an extract from the Unified State Register or a certificate of ownership.

However, without a title document, title documents do not have legal force. You won’t even be able to get them without a priority document.

Presentation of title papers is required in the following cases:

1. To change or confirm data for completing a transaction and transferring rights.
2. As evidence of asserting your rights in court.

It is important that all documents comply with legal requirements and are valid at the time of presentation.

Changes in legislation regulating the procedure for issuing title documents

Federal Law No. 360-FZ of July 3, 2020 “On Amendments to Certain Legislative Acts of the Russian Federation” amended Article 14 of Federal Law 122-FZ. From the date of entry into force of Federal Law 360-FZ, i.e. from July 15, 2016, the state registration of rights to real estate is certified not by a certificate, but by an extract from the Unified State Register. Previously issued certificates do not lose legal force and are considered a full-fledged document of title to the land.

On January 1, 2020, the Federal Law of July 13, 2020 No. 218-FZ “On Real Estate” comes into force. It preserves the rights registration procedure. Currently in force, however, information about rights and transactions with real estate will now be entered not in the Unified State Register of Real Estate, but in the Unified State Register of Real Estate. The list of title documents under Federal Law 218-FZ remained unchanged.

Author of the article: Petr Romanovsky, lawyer Work experience 15 years, specialization - housing disputes, family, inheritance, land, criminal cases.

What rights to land arise documented?

Several types of rights may arise on the basis of title documents. All of them are presented in the table.

Of the above rights, the most extensive is the right of ownership. Only in this case it is possible to determine the legal fate of the land plot - sell, donate, mortgage, etc. But even the right of ownership does not imply permissiveness. The landowner is obliged to use the site in such a way that it does not contradict legal requirements.

What Document Confirms Ownership of a Land Plot in 2020

Thus, as a result of the registration procedure, information about the acquired or acquired property right will be entered into the state register of the Unified State Register of Real Estate, and the owner of the plot will acquire a set of methods and options for protecting his right. The originals of title documents prove eligibility and serve as the basis for obtaining a title document for a land plot. Documentation must comply with legal regulations in force at the time of issue.

Failure to comply with the above conditions is a violation and is punishable by law. Design nuances The most difficult issue when implementing the idea of ​​building a summer house using MK is coordination with the PF. It is necessary to follow the procedure for registering real estate, which provides for the allocation of part of the property to each family member, including children. Difficulties may arise when interacting with the municipality when obtaining documents to provide the territory with energy, water and access roads. [link]The contract for the sale and purchase of a dacha must contain all the necessary conditions. Is there a dacha tax for pensioners? See here. How to find out the cost of a dacha? The issuance of certificates of the 1993 model was entrusted to the committees on land resources and land management. In a relatively short time (mainly during 1994), thousands of citizens received them.

List of title documents for a land plot

The most common title documents:

1. Agreement of purchase and sale, donation, privatization.
2. A court decision that has entered into legal force.
3. Certificate of right to inheritance.
4. Regulatory legal acts of state authorities or local administration.

According to Article 17 of Federal Law No. 122 of July 21, 1997 “On state registration of rights to real estate and transactions with it,” this is not a final list of title documents. The list may include other documents indicating the transfer of rights.

For example, when transferring land for use without transfer of ownership, the title document will be a decision to provide the land plot for indefinite or fixed-term use.

Also, depending on the situation, the auction protocol and the decision of the state body to provide land for development are recognized as the title documents for the land plot. For example, if, on the basis of one of these documents, the owner of the land began the procedure for registering the right of perpetual use.

Documents certifying land ownership

The first way: an application is written to the head of the district administration to amend a previously adopted resolution (although, in fact, we are talking about making changes to the list of persons - owners of land shares). If the department of the Federal Registration Service does not object to the provision of such a resolution, then its text is attached to one or more certificates of ownership of land at the time of filing documents for registration of the transfer of rights (when making the purchase and sale of land shares) or registration of the right to the allocated land share(s) of land.

During the reorganization of the state farm in the Izobilnensky district of the Stavropol Territory, the on-farm commission prepared, among other things, documents on the privatization of land. The labor collective of the state farm made a decision on December 11, 1992 to reorganize the enterprise OJSC "Caucasus". This decision also approved the size of the land shares of workers and pensioners of the state farm-plant and the general mutual fund in the amount of 45,194 thousand rubles. The on-farm commission issued to persons entitled to a land and property share a certificate of ownership of the land and property share in the form approved by the Regulations on the on-farm commission. However, due to the sluggishness of the workforce, as well as some scams by the head of the Izobilnensky district, the land plot was confiscated from the enterprise. Former shareholders of the state farm-factory (members of the labor collective and pensioners of the state farm-factory) went to court, believing that the land plot seized on the basis of the resolution of the head of the district of December 14, 2000 N 346, is in collective shared ownership. The plaintiffs' argument that evidence of the acquisition of the right to land shares are certificates of ownership of land and property shares issued by the on-farm commission of the state farm - in the form approved by the Regulations on the on-farm commission, the court considered untenable. Link to para. 5 clause 3 of the Decree of the President of the Russian Federation of October 27, 1993 N 1767 “On the regulation of land relations and the development of agrarian reform in Russia”, according to which certificates of granting land plots of ownership, issued before the entry into force of the Decree, are documents of permanent validity, certifying ownership and which have equal legal force with the certificate provided for in this paragraph, is based on the incorrect application of the current legislation. This norm refers to certificates of ownership of land issued by local administrations on the basis of clause 6 of Decree of the President of the Russian Federation of December 27, 1991 N 323 “On urgent measures to implement land reform in the RSFSR”, in particular in the form established in the letter of the State Committee for Land Reform of the RSFSR dated January 13, 1992 N 3-14/60.

We recommend reading: Benefits for liquidators of 1988 in 2019

Requirements for land title documents

Any title document for a land plot must indicate:

• information about the owner of the land (full name, name, registration or passport data);
• type of right established by the document (easement, right of ownership, gratuitous use, etc.);
• description of the object (location, size of the site, purpose, terrain features);
• land registry data (number).

If a transaction is being carried out, a title document (certificate of ownership, extract from the Unified State Register) must be attached to the title document.

The title document for a land plot comes into legal force only after passing the state registration procedure. The document is not allowed to contain corrections, typos, or blots. Otherwise, state registration of the right may be denied. To correctly draw up a title document, we recommend that you seek advice from a lawyer.

When receiving documents for a land plot, you must carefully read them. It is important to check the correctness of passport data and full name, as well as information that confirms the existence of the right to land.

The validity period of title documents can only be limited by the terms of the agreement itself between the owner and the land user. Documents such as, for example, a purchase and sale agreement or a deed of gift, do not have a validity period (indefinite).

It is necessary to re-register the title document only in the following cases:

• if it was issued in the USSR, since many legislative acts and requirements have changed since then;
• if information about the land plot has changed (for example, its size);
• when changing passport data;
• when the owner of the site changes.

Title documents must be stored in proper quality and in accordance with legal requirements. Otherwise, it will be difficult to prove their authenticity and validity if a controversial situation arises.

Article 82

3. The documents specified in paragraph 1 of this article are subject to state registration in the manner established by this Code, and are issued by the relevant land committees simultaneously with the state registration of the emergence or transfer of rights to the land plot. Lease and temporary use agreements are subject to state registration only in the registration (land) book.

We recommend reading: Severance pay, labor code

6. When making transactions with land that entail the alienation of a land plot, the certificate of ownership of the land issued to the previous owner is canceled, and the new owner is issued a certificate of ownership of the land, which is subject to state registration in the manner prescribed by this Code.

Documentary support for the right of permanent (indefinite) use of a land plot

Despite the fact that the importance of document support for a land plot is obvious to almost every citizen, many landowners postpone resolving the issue of preparing documents for an indefinite period.

Deadlines

Accordingly, in case of their loss, you can obtain an extract from the state cadastre , which will fully replace the lost document.

Title documents confirm the owner's privilege to use the property at his own discretion. Title documentation is the basis for establishing ownership of a property. Such documents are required to correct or confirm information about the owner of a plot as a result of a gift, sale or inheritance of land.

• purchase and sale of a plot or a house located on the plot;
• donation of a house, cottage, etc., located on the site;
• exchange of alienated property for a land plot;
• land privatization.
• The remaining documents defining the primary characteristics of the site (outdated records, BTI certificates and others) do not establish rights , but belong to this category.
• The package of title documents consists of those that are the most important , and without which it is impossible to carry out a single property transaction.
• However, they must have a previous basis as title documents, only if available, which are issued as certificates confirming the right to use the land. This may include evidence:

• about property;
• to the right of lifelong inheritable ownership of land;
• on the right to perpetual use of land;
• state acts on the right of use or ownership.

Documents confirming ownership of the land plot

It is very important that the old registration records match the new records entered into the state cadastre. If any changes , they must be formalized in accordance with established requirements. , acts of approval of the boundaries of the site and a boundary plan will be required .

We recommend reading: How to correctly include grounds for inheritance in a Sales and Purchase Agreement

These include all types of documents that state the fact of allocation or acquisition of land . These include acts issued by village councils back in the Soviet period or by enterprises and departments that allocated land plots for dachas in DNT or SNT. These types of documents are basic, but when the plot was not privatized and was not

What document confirms ownership of a land plot in 2020

• who is the owner - an individual or a legal entity;
• what category does the site belong to - agricultural or general;
• whether the procedure is being performed for the first time;
• method of obtaining property rights.

In this case, you can also save a lot of time, and there is no need to stand in long queues, because you can make an appointment remotely, without leaving your home. It usually takes 10 working days to complete the documents.

List of documents confirming the right to ownership of a land plot in 2020

1. Preparation of the necessary documentation and its verification by both parties to the transaction.
2. If necessary, signing a preliminary agreement.
3. Drawing up and signing a contract.
4. Notarization of the contract if necessary.
5. Registration of the transaction with the registration authorities.

All real estate transactions are subject to mandatory registration established by law. Russian legislation establishes certain requirements that apply to both the agreement itself and its further registration. All real estate transactions this year are required for state registration. When transferring land between owners, as well as if you want to carry out legal measures with a personal land plot, a person must confirm that he has the legal rights to manage the land. This also applies to the desire to carry out private residential construction.

Registration of ownership of land in 2020

• restrictions on registration activities may be imposed on the land. In this case, it will not be possible to transfer the property until it is removed;
• if the land is mortgaged, this will also be reflected in the registry information. And the transfer of property in this case can only be realized with the consent of the mortgagee;
• if there are buildings on the land, then the transfer of rights to them can be realized simultaneously;
• the building cannot be transferred separately from the land. The new owner must be its legal owner and receive at least a share in the property or the right to unfinished construction.

• seven working days – when submitting documents directly to the Rosreestr service;
• nine working days – when the copyright holder contacts the Multifunctional Center;
• three and five working days, respectively, if documents are received for registration on transactions that have been notarized (for example, when registering rights to land as a result of an inheritance procedure).