Documents for inheriting a land plot or how to register land ownership by inheritance?

Prices for inheritance lawyer services

Inheritance of land plots has a number of features and is possible only if they have been registered as property.

The procedure for registering a land plot as personal property makes it possible to dispose of real estate and carry out various legal transactions with it (sale, donation, exchange, and so on).

You can register a plot of land in the following cases:

1. If the owner of the plot has the right of lifelong inheritable ownership. The land automatically passes to the interested person if it previously belonged to parents, children or spouse.
2. The owner of the land has the right of perpetual use (for example, the plot was received from a cooperative, a factory, and so on).
3. The interested party has the right to lease (there is a lease agreement in hand, concluded with the administration of the rural area, the city administration, and so on).

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Registration of inheritance for land transferred to the heir on the basis of the right of lifelong inheritable property (in accordance with the provisions of the will) is a relatively simple procedure.

In accordance with Article 1181 of the Civil Code of the Russian Federation, a citizen has the right to claim an inheritance and is not required to make additional decisions to register land as property.

First of all, an inheritance case is opened with a notary. The interested person is obliged to contact a notary no later than six months from the date of opening of the inheritance and draw up an appropriate application for acceptance of the inherited plot.

To submit an application to the notary's office, the candidate heir must provide the following documents:

1. Certificate of ownership of a plot of land.
2. Death certificate of the testator.
3. Heir's passport.
4. A certificate from the house administration at the place of registration of the testator with information about the citizens who were registered together with the testator at the time of his death.

The date of opening of the inheritance is considered to be the date indicated in the death certificate.

Land rights

Registration of an inheritance for a land plot after death is somewhat different from entering, for example, into the ownership of an apartment. Land holdings can be of several types:

1. The object may be owned by the testator. The right of ownership passes to the recipients by law or will.
2. The testator received the plot under a lease agreement. As a rule, a citizen can obtain land lease from the administration for a period of up to 49 years. His heirs will have the right to rent the plot until the expiration of the term of use.
3. The deceased could receive the land as part of a perpetual tenure. In this case, the testator's right to use the plot passes to the heirs.

If the land was leased or was in perpetual use, the receivers will be able to continue the lease rights. The inheritance of a leased land plot does not provide for the possibility of selling it. The owners in this case will be the lessors (state and local authorities).

Legislative framework

Include:

1. Article 1181 of the Civil Code of the Russian Federation.
2. Land Code, chapters 3.5.
3. Federal Law “On the turnover of agricultural land”, article 11.
4. Federal Law “On State Registration of Real Estate”.

Article 11 of the Federal Law “On the turnover of agricultural land”. Inheritance of land plots from agricultural lands

If the acceptance of the inheritance led to a violation of the requirements established by Articles 3 and (or) 4 of this Federal Law, the requirements established by Article 5 of this Federal Law are applied to the heirs.

The inherited land plot may belong to the testator on the basis of the right of ownership or the right of lifelong inheritable possession.

The order of inheritance by law is determined by Chapter 63 of the Civil Code. It assumes the order of inheritance based on consanguinity. Thus, the law provides for 8 lines of inheritance, in each of which, according to Art. 1145 of the Civil Code, includes relatives of the deceased depending on the number of births between them.

According to Art. 1145 of the Civil Code, successors of the next stage can receive inherited property only in the absence of the previous group. Each heir from a particular line is entitled to an equal share in the inheritance, with the exception of the allocation of a mandatory share or the exercise of the right of representation.

According to Article 1181 of the Civil Code, inheritance of land plots can be carried out according to general rules, and therefore, in the absence of a will, all successors, taking into account the queue, can claim to receive their part of the property. In addition, disabled dependents of the deceased, adopted children and adoptive parents should be considered equal to blood relatives.

If there are no heirs, the inheritance is considered escheated and becomes municipal property. The article “Inheritance by Law” will tell you more about this.

According to the general rule established by Art. 1112 of the Civil Code, only the property that belongs to the testator by right of ownership can be inherited. But in practice, there are situations when the land that the deceased used throughout his life is not registered as an object of law, and accordingly cannot be included in the inheritance mass. However, under certain conditions, inheritance of such real estate is possible in court.

Thus, provided that the plot is included in the category of lands transferred by inheritance, and in accordance with paragraph 82 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in cases of inheritance” dated May 29, 2012, the court may recognize the heirs’ rights to land plots, which were allocated to the testator for:

• subsidiary, country or personal farming;
• vegetable gardening/gardening on the right of permanent use;
• individual or garage construction,

However, the main condition for recognition of the applicants' ownership of such land plots is the appeal of the testator, expressed by him during his lifetime and aimed at acquiring ownership rights.

Simply put, heirs will receive the right to unregistered plots if the deceased started the process of obtaining ownership of them during his lifetime.

Immediately after the death of a loved one, contact a notary office near his last place of residence. The lawyer will open an inheritance case and determine the circle of legal successors.

Within 6 months, a set of documents is collected to obtain a certificate of the right to inheritance. During this period, persons whose interests are not taken into account have the right to declare their rights to the property of the deceased. After six months, inheritance issues are resolved in court.

In Russia, two types of acceptance of inheritance are practiced:

1. By will (Chapter 62 of the Civil Code of the Russian Federation) - the free will of a citizen to transfer property after death to other people, organizations or the state.
2. According to the law (Chapter 63 of the Civil Code of the Russian Federation) - the distribution of the property of the deceased among the heirs according to the order of kinship, starting with the closest (parents, children, spouse). This is how the inheritance is divided in the absence of a will or if it is declared invalid.

Only the interests of the obligatory heirs have the right to violate the will of the deceased, if they are not taken into account in the will. Children under 18 years of age, adult incapacitated family members, and dependents claim 1/2 of the property divided by law (Article 1149 of the Civil Code of the Russian Federation).

Regional authorities establish the norm for the minimum indivisible land plot (Article 1182 of the Civil Code of the Russian Federation). If there are several heirs by law, then by agreement the plot becomes the property of one of them.

The legal successor compensates the share with the rest of the money or other objects from the inheritance mass (Article 1170 of the Civil Code of the Russian Federation). Priority goes to the person who lived with the deceased. If no one has an advantage or does not want to use it, then the land remains in common shared ownership.

The next stage is payment of the state fee, which is calculated by the notary based on the cadastral price of the plot. For close relatives - 0.3%, but not more than 100 thousand rubles, for others - 0.6%, but not more than 1 million rubles. The categories of citizens listed in Art. 333 of the Tax Code of the Russian Federation.

After payment, the heirs receive a certificate giving the right to re-register the territory in the Unified State Register of Real Estate. An extract from Rosreestr is a document confirming the owner’s rights to the land.

Documents for registering an inheritance with a notary

In order to register a land plot by inheritance, the successors of the deceased need to contact a notary office within 6 months from the date of death of the testator. At the notary, candidates for receiving property must write a corresponding application. What do you need to provide?

• Documents proving the testator's rights to the land. This could be a certificate of ownership, sales contracts, an extract from the Unified State Register.

To confirm rights to a land plot, you need to provide a notary with a certificate of ownership. If the plot was received before 1995, then the recipients need to apply for an extract from the authority that issued the plot as their property. Until 1995, ownership certificates had not yet been issued, although the land was transferred to the owner for complete disposal.

• Technical (cadastral) passport of the land plot. The document indicates the plan of the territory.
• Land appraisal results. The document must indicate the market value of the plot. You can also obtain an extract from Rosreestr about the cadastral price of the plot.
• Certificate of the last place of residence of the testator (indicating his registration address).
• An extract from the tax office confirming that the testator has no debts on land taxes.

In addition to documents for the plot, heirs must also provide their documents: passport, death certificate of the testator, evidence of the degree of relationship with the deceased (for example, a birth or marriage certificate). If there was a will, then it also needs to be submitted to a notary.

Expert commentary

Karpova Ekaterina Vasilievna

In 2006 she graduated from Amur State University with a degree in jurisprudence. 2006-2013 — Arbitration Court of the Amur Region. 2013 to present - lawyer at the Amur Regional Oncology Center.

The situation with land plots under lease causes difficulties during inheritance. If the agreement does not provide for the right to purchase the land and a term for termination of the agreement is specified, then the heir enters into the rights to use the allotment only for the remaining period of the lease. After its completion, he does not become the owner of the property. The contract can be extended only at the will of the lessor.

Documents for inheritance of a plot

» Division of inheritance September 03, 2020

How to inherit a summer cottage

We enter into inheritance of a land plot

As a rule, in accordance with Article 1152 of the Civil Code of the Russian Federation, in order to acquire an inheritance, it must be accepted. It is necessary to open and accept an inheritance (in this case a land plot) no later than six months from the date of opening of the inheritance (usually from the date of death of the person who owns the land), open an inheritance case for the property of the deceased, in particular for a land plot with a notary by place of registration of the owner of the land plot.

If there is a will for land, then along with it the notary is provided with the original title documents for the testator’s land plot, the original death certificate of the owner of the plot, as well as documents that confirm the degree of relationship between the owner of the land and the applicant for opening an inheritance case to his property.

Inheriting a dacha plot

Entry into a summer cottage has a number of features. If the testator did not own the title documents for the garden partnership, then the heir must submit a death certificate to the board and ask to transfer the use of the dacha plot from the deceased to him as an heir.

Registration will depend on the compliance of the head of the cooperative, since the refusal to transfer the right of use cannot be contested.

Land to inherit: design features

The inheritance opens at the time of the death of the testator. Starting from this day, all applicants for inheritance must, within six months, declare their claims to property and submit a corresponding application to the notary. In accordance with civil law, the hereditary mass includes: things, funds, movable and immovable objects, including land plots.

Inheritance of a land plot is carried out on the general basis provided for by the Civil Code of the Russian Federation, but at the same time, it has some features that you need to know: what documents may be needed to register it, where to get them and how to register real estate.

It should be noted that after 2001, the right to lifelong inheritable ownership is not established, but, nevertheless, is retained for land transferred earlier.

As a rule, these are part of gardening and dacha associations and are provided for running a private subsidiary or farm.

How to inherit a summer cottage

So for me too.

my neighbor in the countryside needs qualified help. Her husband, for whom there are documents for the privatization of their plot, died. Like all USSR citizens, he is now entering into inheritance. I don’t know how things are going with her apartment, but there’s such a problem with the dacha. They gave me a list of a bunch of documents that needed to be collected. Naturally she is shocked because... For each piece of paper there is an appropriate payment.

How to enter into an inheritance 7 years from the date of death of the father?

Dear Anastasia, the Civil Code of the Russian Federation has established both the procedure for adoption and the deadlines. Thus, acceptance of inheritance is established by Article 1152.

2. Acceptance by the heir of a part of the inheritance means acceptance of everything due to him, no matter what it is and no matter where it is located.

When an heir is called to inherit simultaneously on several grounds (by will and by law or by way of hereditary transmission and as a result of the opening of an inheritance, etc.), the heir may accept the inheritance due to him on one of these grounds, on several of them, or on all grounds .

How to inherit a dacha

In order to consider the issue of registering a dacha as an inheritance, we need to define the concept of “dacha” and what this concept represents from a legal point of view.

In the generally accepted sense, a dacha is a building located outside the city limits and intended for recreation. In the recent past, a dacha was intended for gardening and cultivating a plot of land in order to get a harvest from their beds.

How to inherit a non-privatized plot

When the need arises to formalize an inheritance for non-privatized dacha land, and documents confirming the rights of the owner or possessor have not been completed, care must be taken to obtain them.

Inheritance is understood as the transfer of civil rights and, which is also important, the obligations of the testator to his legal successors (heirs). The rules governing the relations associated with this transition constitute a separate institution - inheritance law (Art.

Is it possible to inherit a non-privatized land plot? )

If a deceased relative had the right of lifelong inheritable ownership, you can formalize your rights to the plot by contacting a notary with applications for acceptance of the inheritance and issuing you a certificate of inheritance.

How to inherit a non-privatized plot

The rules governing relations related to this transition constitute a separate institution - inheritance law (Articles 524–564 of the Civil Code). The will must be drawn up in writing, indicating the place and time of its preparation, signed by the testator in his own hand and notarized. To receive an inheritance, it is necessary that the heir accept it, that is, agree to acquire not only property rights, but also obligations. To do this, within six months from the date of opening of the inheritance, he must take control or possession of the inherited property or submit to the state notary's office an application for acceptance of the inheritance at the place of opening of the inheritance in accordance with Art.

Land to inherit: design features

Inheritance of a land plot is carried out on the general basis provided for by the Civil Code of the Russian Federation, but at the same time, it has some features that you need to know: what documents may be needed to register it, where to get them and how to register real estate.

It should be noted that after 2001, the right to lifelong inheritable ownership is not established, but, nevertheless, is retained for land transferred earlier. As a rule, such plots are part of garden and dacha associations and are provided for running a private subsidiary or farm.

When inheriting a dacha or inheriting a plot of land, first of all it is necessary to determine on what basis you are entering into an inheritance. There are two options here: If you are entering into an inheritance by law, then a sufficient condition for registering an inheritance for the land and house will be your relationship with the owner of the property that you are going to inherit. If you enter into an inheritance under a will, then in order to register an inheritance for the house and land, you need to have with you a will drawn up by the owner of the land in your favor and certified by a notary.

The first step in registering an inheritance plot is to open an inheritance case (this requires an application verified and certified by a notary).

Registration of inheritance for a land plot

Registration of inheritance for a land plot begins with the opening of an Inheritance case. An inheritance case is opened based on an application written by you to a notary. The notary authorized to open and conduct your inheritance business is determined by reference to the last place of registration of the deceased. For example, if the deceased was registered in the Leninsky district of the Moscow region, then you need to find notaries in this area who handle inheritance matters.

How to inherit a dacha

In the recent past, a dacha was intended for gardening and cultivating a plot of land in order to get a harvest from their beds. For this purpose, gardening communities and partnerships were created, membership in which gave the right to a piece of land and the erection of a building on it. Currently, the concept of a dacha has significantly transformed. And often a house built on a summer cottage is absolutely similar to an ordinary residential building, has all the amenities and all kinds of communications are connected to it. In this regard, one should not confuse a country house and a dacha, although outwardly they may not differ in any way from each other.

We enter into inheritance of a land plot

If there is a will for a land plot, then along with it the notary is provided with the original title documents for the testator’s land plot, the original death certificate of the owner of the plot, as well as documents that confirm the degree of relationship between the owner of the land plot and the applicant for opening an inheritance case to his property.

The notary accepts your application and issues a list of documents that you need to prepare to inherit the land.

Is it possible to inherit a non-privatized land plot? )

The exception is cases of gratuitous acquisition of rights to land plots by persons who acquired before March 6, 1990 (before the Law “On Property in the RSFSR” came into force) real estate objects located on the specified land plots. If on the plot the “heir” has an object of real estate that belongs to him by right of ownership, and the plot itself is in municipal ownership, then the sale price of such a plot in accordance with paragraph.

How to inherit a summer cottage

He says that he didn’t sell us anything and is not going to sell anything, and we can consider the money that we paid his mother as payment for the use of the site for all these years, and even this is not enough and, in theory, we still owe him. All these years we have regularly paid all the fees for the plot and are even a member of the dacha community. As far as I know, her son did not inherit the inheritance immediately upon reaching 18 years of age.

Purchasing a plot from owners who missed the deadline for entering into inheritance

They just want to get the money and forget about it. I would like to purchase this plot myself in the future, but I would like even more so that no one else would acquire it (in particular, the board of the gardening partnership).

The question is: are there such notarized documents that, being issued to me by the heirs, are guaranteed to allow me not to worry in the foreseeable future,

Inheriting a dacha plot

Registration will depend on the compliance of the head of the cooperative, since the refusal to transfer the right of use cannot be contested. You can only prove that the country house located on the site was built by a deceased relative and ask for reimbursement of the cost of building materials. But the prospects for such a court case are controversial, since, in addition to everything else, it will be necessary to prove that there is consent from the neighbors to erect the building, and that all building standards were observed during construction.

Naturally she is shocked because... For each piece of paper there is an appropriate payment.

He’s thinking about selling his dacha and it turns out that the price will rise to such a level that there won’t be a buyer for his five hundred square meters with the dilapidated house. The first thing that confuses me about all this is why a repeat geodesy with all the ensuing certificates is needed if, literally two years ago, they formalized privatization with receipt of all the documents.

How to enter into an inheritance 7 years from the date of death of the father?

When an heir is called to inherit simultaneously on several grounds (by will and by law or by way of hereditary transmission and as a result of the opening of an inheritance, etc.), the heir may accept the inheritance due to him on one of these grounds, on several of them, or on all grounds . 4. An accepted inheritance is recognized as belonging to the heir from the date of opening of the inheritance, regardless of the time of its actual acceptance, as well as regardless of the moment of state registration of the heir’s right to the inherited property, when such a right is subject to state registration.

Inheritance of a land plot occurs on the grounds described in the Civil Code.

Inheritance of the property of a deceased person is a legal procedure regulated by law. Registration of inheritance ownership occurs in accordance with civil law, within the time limits established by the will or law. The heir or heirs of the deceased become the owners of land and other property after going through the standard procedure for entering into inheritance rights.

Registration of inheritance of a summer cottage

participants of the Great Patriotic War.6. The following documents are available for the dacha plot: - Certificate of land ownership (issued in the name of my dad in 1993) - Registration card for buildings and structures located on the plot (issued in 1990) - Cadastral passport of the land plot, in which the owner is listed as my dad (issued in 2009).7.

What needs to be done so that the summer cottage, which is registered in my father’s name, remains the property of our family, consisting of his children, grandchildren and great-grandchildren? 8.

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Inheritance of a house, apartment and land

We guarantee the lowest cost of inheritance for any real estate in the Moscow region.

Inheritance legal relations are regulated by one of the subsections (parts) of civil law, therefore they are also subject to all rules on property rights and real estate transactions. In this regard, inheriting an apartment, a plot of land, a house or other housing, or real estate requires special registration in accordance with the requirements of civil law.

SPECTRUM LLC provides assistance in various situations related to the emergence of inheritance rights. Our services include registration of inheritance in accordance with existing norms of civil law. We interact with all government and commercial structures, including private notaries who issue certificates of title to inherited property.

In order for the inheritance of a house to proceed without interference and legal delays, it is necessary to properly draw up all documents confirming the inheritance rights that have arisen in a person. Our company, carrying out a preliminary analysis of the documentation provided by the client, determines the legality of the relationships that have arisen and compiles (prepares) the required package of documentation for entering into inheritance rights legally.

Inheritance of a plot

In legal practice, the concept of inheriting a plot is no less common. which is necessary to secure rights to real estate (land). SPECTRUM LLC will help you enter into an inheritance in relation to any type of real estate: apartments, households, land plots, commercial and other non-residential real estate. Our employees will prepare and execute all documents for legal entry into inheritance.

We will do all the work ourselves. All you need to do is contact our specialists by phone and they will advise you free of charge on any issue related to inheritance.

Sincerely, SPECTR LLC.

POPULAR QUESTIONS ABOUT INHERITANCE:

Sergey Gennadievich asks:

Is it possible to enter into an inheritance without registering land?

Answer from an employee of SPECTRUM LLC:

Good afternoon Sergey Gennadievich. You can inherit a land plot only if the inherited land plot is privatized, otherwise you need to obtain a number of documents. After this, you will be able to inherit this plot of land. Our company will be able to obtain all the necessary documents for entering into inheritance. Call our specialists and get a completely FREE consultation about entering into an inheritance. We are always happy to help you.

Irina Andreevna asks:

Hello. Tell me, how does the whole process of entering into an inheritance take place? And what documents do you need to collect to inherit a land plot and a house?

Answer from an employee of SPECTRUM LLC:

Good afternoon Irina Andreevna. To enter into an inheritance, you need to contact a notary, it is very important before the expiration of 6 months from the date of death of the testator. After writing an application to a notary, he will give you a list of documents that you need to collect. If you want to get a free consultation from our lawyers, call our numbers right now. We will definitely help you.

Viktor Stepanovich asks:

Tell me, how long can I collect documents from the list that the notary gave me?

Answer from an employee of SPECTRUM LLC:

Good afternoon, Viktor Stepanovich. The most important thing you must do when entering into an inheritance is to write a statement to a notary within 6 months after the date of death of the testator. After this, you are not limited by time for collecting documents. Call us and we will advise you in more detail, completely free of charge. We will be happy to help you.

Vasily Ivanovich asks:

I want to order the full range of your services for entering into an inheritance! I need to inherit a plot in the Pushkinsky district, in the Krasnoarmeysky district I need to inherit a plot with a house and an apartment in the city of Pushkino! How much does it cost for an employee to visit your home in Pushkino? Convenient on a weekend.

Answer from an employee of SPECTRUM LLC:

Good afternoon Vasily Ivanovich. We are glad. that you contacted our company. We can help you with the issue of inheritance! An employee of our company will leave on a day convenient for you! For the Pushki district, our departure is completely FREE.

Inheritance of a land plot

Legally significant actions with land, as an object of private property, raise many questions among citizens. This is especially true for inheritance of land. But since land use regulation in the Russian Federation is still being established, and many plots of land have been acquired under now-abolished standards, controversial issues arise constantly.

Let's consider how to enter into an inheritance of a land plot without conflicts in the future.

DISCOVERY AND ACCEPTANCE OF AN INHERITANCE

Land belongs to the category of real estate and is included in the inheritance estate. Registration of legal rights occurs according to the general procedure for conducting inheritance cases:

• — The inheritance opens on the day of the actual death of the testator, as well as his recognition as dead by a court decision.
• — In certain situations, relatives of the deceased can inherit a plot as a result of the voluntary renunciation of their rights by the heirs of the first priority or their exclusion from inheritance by court.

Options for inheritance

The inheritance right to land is realized through the adoption of the object according to the norms of the Civil Code of the Russian Federation.

The procedure involves submitting an application to a notary at the place of registration of the testator, who will open an inheritance case. In special cases, other options for inheritance are allowed:

• — registration through a representative when the legal heir is unable to attend for a good reason
• - actual acceptance of the inheritance, when the applicant manages the testator’s property, bears maintenance costs, and contributes to the preservation of the object. This method is resorted to if legal deadlines are missed.

Regardless of the form used, the heir must take possession of the land within 6 months after the opening of the inheritance (the day of the owner’s death).

In accordance with the provisions of the Civil Code of the Russian Federation, it is possible to inherit a land plot, as well as other property, as a result of a testamentary disposition of the deceased owner or on a legal basis.

INHERITANCE BY WILL

During his lifetime, the testator can distribute the property at his own discretion, determining the circle of applicants from among relatives, formal strangers, or even legal entities.

A will does not eliminate the need to submit an application to a notary. Registration of inheritance for a plot will require the provision of originals and copies of the following documents:

• - legal basis for ownership of land in the name of the testator
• - death certificate.

These papers, together with documents for the rest of the inheritance, must be submitted to the notary within 6 months after the opening of the inheritance. If there are no other applicants for the inheritance, then after collecting the full package of documents, a certificate of the right to inheritance under the will is presented. It should be noted that there is no time frame for obtaining a notarized certificate of inheritance rights. But it is still not recommended to delay the registration of land.

INHERITANCE OF A PLOT BY LAW

If there is no will, the registration of inheritance for the land plot occurs in accordance with Chapter 63 of the Civil Code of the Russian Federation. There may be several applicants. Property is distributed among all applicants if there are legal grounds.

Applicants for inheritance submit attachments of the above documents to the application, supplementing the package with confirmation of family ties with the testator.

For any form of inheritance, a number of specific documents will be required from the legal owner of the land plot:

• - cadastral plan of the site - provided upon application
• — tax confirmation of the absence of payment debts
• — a certificate from the Unified State Register confirming the absence of arrests and restrictions on the use of the facility
• - if the plot was acquired by the owner before the entry into force of Federal Law 122 “On state registration of rights to real estate and transactions with it”, the notary may request an extract on the legal “purity” of the land plot
• — Agreement of purchase and sale, donation, exchange of land, which was the basis for registering ownership of the plot. If the land is in perpetual possession with the right of inheritance (this was practiced until 2001), you need to support the grounds with decrees, orders of the administration of the municipality, rural settlement - a copy is ordered from the city archive.

Having received a notarized certificate of ownership of the plot, you need to proceed to registering ownership with the Federal Registration Service.

HOW TO REGISTER LAND ALLOCATIONS

The law provides two options for registering land rights.

1. 1. In the first case, you can certify ownership of the plot without unnecessary hassle. A documentary package identical to the notary's is submitted to the registration chamber. Thirty days later, the service issues a certificate of state registration of property rights in the name of the applicant.
2. 2. The second option involves clarifying the boundaries of the land plot, determining the exact area of ​​the plot, and eliminating possible contradictions with neighbors. The process begins with the work of specialists from a geodetic company. At the request of the copyright holder, land surveying is carried out, cadastral documents (land survey plan) are developed and agreed upon with the owner.

Currently, the Land Code of the Russian Federation does not oblige owners to carry out land surveying. However, the procedure has enormous legal and practical significance: in the process of work, many inconsistencies are revealed that can be eliminated in a timely manner and the boundaries of your land can be fixed on paper.

What can be corrected during land surveying?

1. 1) The actual area of ​​the site turned out to be larger than the documented one. According to the “dacha amnesty law” (Federal Law 93), the owner annexes “extra” squares of land free of charge, but not more than 595 square meters. m. Additionally, the consent of the owners of neighboring plots and the approval of the municipality will be required.
2. 2) The plot turned out to be smaller than the declared area. The situation is fraught with paperwork:
3. - you will have to order a situational plan for the development of the area
4. — acts granting ownership rights to a plot
5. — contact the administration at the location of the land, the HOA or the board of the DPK for primary documents.

But it’s worth it, since the old documentation indicates the area of ​​the allocated land, geographical coordinates and the shape of the location on the ground.

In most cases, a decrease in land ownership may be a consequence of neighboring “abuses.” For example, neighbors, while erecting a fence or outbuilding, “grabbed” part of the surveyed site. To clarify the situation, surveyors compare the latest coordinates of the disputed plots with cadastral registration data, with the documentary basis for granting land use. Based on the results of a survey of the land by the geodetic service, the neighbors will have to vacate the illegally occupied area.

BENEFITS OF LAND REGISTRATION THROUGH LAND SUPPLY

Direct registration of property rights after inheritance without land surveying will save time and money. I submitted the documents and received the certificate a month later. And the land is owned. However, there is no way to clarify and fix the real boundaries of land ownership. Neighbors can also make claims, which are not always justified.

Geodetic work is guaranteed to eliminate land problems in the future:

Inheritance of a land plot

The opening of an inheritance occurs upon the death of the testator. From this moment, all persons claiming an inheritance have the right to contact a notary’s office, within six months, with a statement of claim to the relevant property. According to current legislation, the inheritance may include money, things, objects of movable or immovable property, including land.

Types of inheritance

Current legislation provides for 2 types of inheritance:

Inheritance according to a will

Entering into an inheritance of a land plot on the basis of a will involves contacting a notary's office with a will, documents confirming the testator's ownership of the land and the fact of the applicant's relationship with the deceased, his death certificate and a corresponding statement. The notary, in turn, will accept the application and issue a list of necessary documentation. The law provides six months for its preparation. If during the specified period no one claims rights to the inheritance. then, if all the documents are available, the notary will issue a certificate of the right to inheritance.

Inheritance according to law

In the absence of a will, the person claiming the inheritance submits to the notary all the same documents, except the will. In this case, the property will be distributed among all applicants in accordance with the priority established by law.

Documents required to inherit a land plot

1. A document that serves as identification of the applicant
2. A document indicating the fact of relationship with the deceased (for example, a birth certificate)
3. A document confirming the ownership right of the deceased to the plot (certificate of ownership, gift agreement, purchase and sale, etc.)
4. Will (if any)
5. Information about the place of registration of the deceased at the time of his death
6. Site plan and cadastral passport for it. The passport is obtained at the cadastral chamber
7. Extract from the Unified State. register of rights to the plot. The document is issued by the Rosreestr branch at the location of the land
8. Valuation of real estate required to establish the amount of state duty
9. You may also need a certificate from the tax office confirming that there is no debt to pay land tax.

If you have all the necessary documents and there are no questions about them from the notary, after the expiration of the 6-month period, he will issue a certificate of the right to inheritance of the land plot.

Registration of land rights

After receiving the certificate, you must:

If the total land area is greater than that stated in the certificate, the new landowner is assigned the right to add free of charge to the existing territory the excess area (no more than 595 sq.m.). If the area turns out to be smaller than indicated in the certificate, an Act under which the land was provided or a situation plan will be required.

If you encounter difficulties in connection with entering into an inheritance or lack of time to deal with it yourself, seek legal assistance from specialists who will advise you on all issues of interest, help in resolving controversial situations, draw up an algorithm of necessary actions or carry out this procedure for you and more. short time. On our website you can get legal advice for free!

Sources: lawyersfree.ru, cnk-nalog.ru, spektrzem.ru, 4107318.ru, www.nasledconsult.com

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Registration of a plot that was the property of the deceased

Registration of inheritance for land that was owned by the testator is much easier. The entire process of registering the rights of the new owner will not take much time. To transfer rights to the heir, you need to contact Rosreestr. The body chosen is the one that is geographically related to the location of the property. You need to have the following package of documents:

• Death certificates of the previous owner, his title documents for the plot.
• Applicant's passport, grounds for transfer of property rights (inheritance certificate).
• An application written by the applicant for registration of land rights, a check for payment of the state duty (2,000 rubles).

Heirs can begin registration the very next day after receiving the certificate of inheritance. You can submit documents through the multifunctional center or use the Internet service (government services website).

There is no deadline within which to apply for registration of rights. The entire procedure takes 1-2 weeks. After consideration of the application, the heir will be issued an extract from the register (as a title document).

Design nuances

It is worth knowing that by accepting property, the heirs assume all obligations to bear expenses.
If the testator has accumulated arrears of taxes and other payments for the plot, then this amount will go to the receivers. The heirs will need to pay off all debts of the deceased. How to register land as an inheritance if there are buildings on it? If the buildings are legalized and there are ownership rights to them, then you need to submit separate documents for re-registration of rights to the house (or other buildings). It will be more difficult if there is an object on the ground that is not shaped in any way. You will need to contact the registration authority with a request to legalize the construction (if the house has not been completed). If the building is ready, then it will be necessary to obtain registration in court.

If there are several receivers for one land plot, then each of them can apply at any time to register their share. In this case, each of them will need to pay a state fee of 2,000 rubles.

Features of land inheritance

The peculiarities of inheriting land plots are primarily related to the fact that land is a natural resource, the quantity of which is limited. In accordance with the current legislation of the Russian Federation, a land plot can become an object of inheritance if it previously belonged to the testator by right of ownership or if the testator had the right of lifelong inheritable possession, i.e. was endowed with the right of permanent and unlimited use. Moreover, in the latter case, it is not the land plot that passes to the heir, but the right of lifelong inheritable possession, that is, the right to permanent and indefinite use of this plot.

As for other rights to a land plot, they are not included in the inheritance. For example, there can be no question of inheriting a leased plot or inheriting easement rights, etc.

If everything is clear with the right of ownership, the same cannot be said about the right of lifelong inheritable ownership, which is part of the inheritance. In this case, individuals acquire the right of lifelong inheritable ownership only in relation to those land plots that are part of state or municipal property.

The right of unlimited and permanent use is granted on the basis of a decision of the relevant government body of the Russian Federation. Accordingly, in order to inherit the right of lifelong inheritable ownership, the notary must be presented with this decision, on the basis of which the use of the land plot was carried out.

The right of lifelong inheritable ownership is subject to registration. Registration is carried out on the basis of a corresponding decision. If this right has not been registered in accordance with the current legislation of the Russian Federation, then it cannot be inherited.

How is land inheritance carried out?

In accordance with the current legislation of the Russian Federation, inheritance of land plots is carried out according to general rules. The order of inheritance is provided for in civil law.

As already mentioned, the object of inheritance can be the right of ownership and the right of lifelong inheritable possession. After the end of the inheritance process, the right of ownership or the right of lifelong inheritable possession are transferred to the heirs, respectively. In the second case, the heir acquires the right of unlimited and permanent use.

To inherit, you must present a corresponding application to the notary. However, this must be done within the period prescribed by law. This period is 6 months. Moreover, this period applies both to inheritance by law and to inheritance by will. If the period has expired, the inheritance can be accepted if it is restored.

The application is submitted both in case of inheritance by law and in case of inheritance by will. Along with it, certain documents must be presented to the notary. In particular, it is necessary to present the grounds for acquiring the right of ownership or the right of unlimited and permanent use of this land plot (for example, an agreement, a decision on the basis of which the use was carried out, etc.), documents confirming identity and documents indicating the presence of a family connection and rights to inheritance if inheritance is carried out according to law.

Registration of the inheritance is carried out after the expiration of the period provided for by the legislation of the Russian Federation for accepting the inheritance, and either the right of ownership or the right of unlimited and permanent use of the land plot is transferred to the heir, i.e. state registration of his rights is carried out.

An estate includes property owned by a person at the time of death. The procedure for registering an inheritance depends on the type of property, as well as the type of inheritance (by will or by law). A land plot, as a piece of real estate, is part of the inherited property.

Types of inheritance: by law and by will. The procedure for accepting an inheritance

The Civil Code of the Russian Federation provides for two types of inheritance: by law and by will.

A will is a document in which a person disposes of his property in the event of death. Article 1118 of the Civil Code of the Russian Federation establishes the following mandatory requirements for the execution of a will:

1. At the time of making a will, the person must have full legal capacity;
2. The will is executed only in person, the participation of representatives is not allowed;
3. One will can only contain the dispositions of one person;
4. A will is a unilateral transaction that creates rights and obligations after the opening of the inheritance;
5. Until the opening of the inheritance, information relating to the will is not disclosed (secrecy of the will).

A will requires notarization; failure to comply with this form will result in its invalidity. The Civil Code of the Russian Federation provides for several exceptions to the rule of mandatory certification of a will (Articles 1125, 1127, 1128 of the Civil Code of the Russian Federation); in these cases, officials of local authorities or consular offices of the Russian Federation can certify wills.

Freedom of will is limited only in cases where a mandatory share in the inheritance is established (Article 1149 of the Civil Code of the Russian Federation).

Inheritance by law takes place in cases where there is no disposition in the form of a will regarding the property of a deceased citizen. In this case, the heirs are called upon to inherit in order of priority; heirs of the same order receive equal shares of the inherited property.

When inheriting by will or by law, the time of opening of the inheritance is the moment of death of the citizen, and the place of opening is the last place of residence of the testator.

The acquisition of an inheritance implies its acceptance. The heir of any form of inheritance can decide to refuse the inheritance, while acceptance of the inheritance under a condition is not allowed.

Article 1154 of the Civil Code of the Russian Federation establishes a general period for accepting an inheritance - six months from the date of its opening. If there are good reasons for missing the deadline, it can be restored in court.

Peculiarities of inheriting a land plot and a residential building located on it

The general rule for transactions is that land and capital construction projects located on it have a common destiny. The transfer of the right to a building is accompanied by the transfer of the right to the plot underneath it.

If the inheritance included a residential building and a plot of land that belonged to the deceased by right of ownership, their inheritance is carried out in the general manner: according to the terms of the will or by law, observing the order of the heirs.

Inheriting a residential building implies inheriting a plot of land. Alienation and other disposal of the right to a house and a land plot, if they are owned by one person, are carried out inextricably. Thus, even if the plot under the house belongs to a different right (for example, lifelong inheritable ownership), it is also part of the inheritance.

When inheriting by will, these rules may change at the discretion of the testator. The will may name different heirs for the house and land. In this case, the heirs either have to agree on determining the procedure for using the plot of land (including in court), or re-register the rights to one of the specified objects through a transaction.

If a person inherited only a plot of land, he has no rights in relation to a house inherited by another person. In this case, the heir of the house has the right of unhindered access to his property, which is formalized by agreement of the parties or registration of an easement. The owner of the house will be required to pay for the part of the land located directly under the building, as well as additional payments as agreed by the parties.

Inheritance of lease and lifelong inheritable ownership of land

Article 1181 of the Civil Code of the Russian Federation provides that a land plot that belonged to the deceased on the right of lifelong inheritable ownership is included in the inheritance and is inherited on a general basis. The law does not provide for the issuance of additional permission from state or municipal bodies to inherit the specified plot of land.

The peculiarities of inheriting a plot owned by the deceased on a lease basis are determined by the specific duration of the lease agreement. Article 1112 of the Civil Code of the Russian Federation includes in the inheritance the property rights of the deceased, including the right to lease a land plot.

In the event of the death of the tenant, his rights in relation to the plot pass to his heir, unless the law or the terms of the lease agreement expressly provide otherwise. The rights of the heir to the leased land plot will be limited only by the duration of the lease agreement - upon expiration of the agreement, the rights arising from the acceptance of the inheritance will terminate.

Registration in the absence of property rights

Often, when inheriting a land plot, it may be discovered that the documents are lost or drawn up according to the old model. From the point of view of the law, there is a difficulty in recognizing the rights of the testator to the land and, consequently, the rights of new successors to it. Let's look at two main situations that receivers may face.

Documents are drawn up according to the old format

If the testator had old-style documents for the land, then it will not be difficult for the heirs to formalize the inheritance of the land. The existing papers will only be needed to submit them to the notary’s office to formalize the inheritance case. Receivers will also need to conduct an assessment of the land plot. This is necessary for the notary, who, based on the established amount, will calculate the state fee for entry.

To register an inheritance for a land plot, it is necessary to survey the plot and contact the cadastral authority for registration. Heirs must contact Rosreestr to obtain new documents for property, register the land and obtain rights under inheritance.

If there are no property documents

In the absence of title documents for the land, the right of the testator and his successors will need to be proven in court. As a rule, disputes occur regarding dacha plots that were used by relatives. When filing a claim in court, heirs must provide evidence of the use of the land. They may be:

• Statements of payment of taxes, membership fees and other partnership fees.
• A document from the partnership indicating information about the allocation of the plot to the testator.
• Cadastral passport (if available).

If the deceased did not have documents for the plot, then his successors need to survey the land and contact Rosreestr for delivery to cadastral registration.

After a court decision is made on the recognition of property rights and the execution of all the necessary documents, the receivers can formalize ownership of the land by inheritance.

What is regulated

The procedure for registering rights to land plots is subject to the general rules of inheritance regulated by Part Three of the Civil Code of the Russian Federation . There are no special features or nuances for the inheritance of land plots, since land is included in the inheritance base on a general basis.

Upon completion of the inheritance case, the notary’s office will need to record the resulting rights to land in the manner prescribed by Federal Law No. 218-FZ .

1. Art. 14 of Federal Law No. 218-FZ specifies the submission of a certificate of inheritance as one of the grounds for registering rights.
2. Federal Law No. 218-FZ also establishes a list of documents that will be required to re-register land rights, including the procedure for preparing boundary plans when distributing a single plot among several heirs.

Inheriting a plot that is under long-term lease

The Civil Code of the Russian Federation provides for the possibility of transferring a plot of land that is leased by inheritance. In this case, the successors of the land plot user have the opportunity to use the land for the remaining period of the lease under the agreement.

To transfer the rights to the leased plot, the receivers need to go to court or directly to the lessor. After this, it will be possible to obtain the land for further use.

You cannot inherit a plot of land if the lease agreement contains a clause on termination of the lease in the event of the death of the tenant. It is also impossible to obtain land if the heirs have not claimed rights to it within one year.

Basic Concepts

The transfer of land by inheritance, like the inheritance of other property, is a unilateral transaction, that is, the will of one party is sufficient for the consequences of such a transaction to arise. No special permission is required to transfer and receive inheritance.

Article 1181 of the Civil Code of the Russian Federation states that a land plot owned by the testator is included in the inherited property. Inheritance occurs on the same grounds that are established by law for other types of property.

Article 1181 of the Civil Code of the Russian Federation. Inheritance of land plots

The land plot owned by the testator or the right of lifelong inheritable ownership of the land plot is included in the inheritance and is inherited on the general basis established by this Code. No special permission is required to accept an inheritance that includes the specified property.

When inheriting a land plot or the right to lifelong inheritable ownership of a land plot, the surface (soil) layer, water bodies, and plants located on it within the boundaries of this land plot are also inherited, unless otherwise established by law.

Land inheritance is the transfer, unchanged, of a piece of land (including the soil, water and plants on it), having a fixed boundary, to another owner. There are two ways to receive an inheritance: by will and by law.

Inheritance of a summer cottage

If the deceased used land that was in a gardening partnership, then his successors may also receive the right to use this territory. To do this, you need to contact the head of the cooperative with a certificate of inheritance and an application for admission to the ranks of members of the partnership.

Registration of a land plot, especially in the absence of documents, is always a troublesome process. Not each of the heirs is familiar with the procedure and is aware of what actions need to be performed. If you have become a successor and inherited a land plot, then on our website you can get free legal assistance. Ask your question to a qualified specialist and receive a detailed answer about your rights and options.

Consultation with a specialist on video

The chairman of the court panel, Anna Sergeevna Vasilyeva, talks about the procedure for inheriting land plots.

People purchase and rent land with different intentions: building a summer house, gardening, agriculture (agriculture), etc. But all these aspirations serve one purpose: to improve the well-being of their family. Therefore, it is not surprising that many owners and tenants of plots are interested in the issue of transferring their rights by inheritance

. This topic is complex and requires detailed consideration.

Taxation

This issue is covered in the Tax Code of the Russian Federation. There is a burden that a person has to pay after registering the property.

Owners of plots must pay additional taxes if they grow garden crops as part of their business or raise domestic animals. These funds go to the regional budget. The state budget receives taxes that citizens pay for property and for the use of their land. The tax amount is determined depending on the cadastral value.

If the owner of a land share does not pay his bills, he may be held liable. Do not forget about the land tax in case of unlimited use of the territory.

Difference between deed of gift and will

If the testator, during his lifetime, decided to dispose of the land he owned, he most likely made a will. With the help of this document, in accordance with Art. 1119 of the Civil Code, he has the right to transfer the property included in his property to anyone, rejecting inheritance by law and depriving his relatives of inheritance.

Thus, any person can receive a will for land if it was the will of the deceased. The exception is the mandatory share, which, according to Art. 1149 of the Civil Code, the testator has no right to circumvent.

In particular, it must be in writing, be notarized and express the will of one person - otherwise it will be considered void.

In addition, the testator himself must be of clear mind and sound memory, otherwise his will may be challenged by interested parties in court.

More detailed information on this subject can be found in the publication “Inheritance by Will”.

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According to Art. 1120 of the Civil Code, any property of the testator can be included in the inheritance mass transferred by will, so he can transfer not only the land, but also the real estate located on it, in particular, a house.

This whole process also occurs in the general manner, but with a caveat: if the house and land belonged to one person, transferring one object without the other is prohibited by law.

This means that the will cannot contain the will of the testator, according to which the property is bequeathed without a land plot, or vice versa.

The only exception is when a house or other inherited building is located on someone else's land. In this case, the successors can be bequeathed only the right to use the plot to the extent that the testator had.

The material “Will for a house and land” will tell you more about this.

If the will for land and other property of the deceased contained unacceptable provisions, did not comply with the form required by law, or violated other conditions for its content, it can be challenged in court.

According to Art. 1131 of the Civil Code, such a will, upon the claim of any interested person, can be declared invalid, but only after the death of the testator and if the will violates the rights of the applicant. Therefore, before registering an inheritance for land after the death of a relative who transferred it under a will, you should verify the validity of the document.

The publication “Who can challenge a will for a house” will help you get more information on this topic. By the way, it is not at all necessary that such an interested person (for example, a first-degree heir) will be able to challenge the entire will. According to Part 4 of Art. 1131 of the Civil Code, it can be declared invalid only partially, in relation to individual orders of the deceased.

If inheritance rights arise among several successors, the division of plots between them requires compliance with a special procedure. So, according to the norms of Art. 1182 of the Civil Code, it requires taking into account the minimum sizes of land plots established for land for a specific purpose.

If such division is impossible, the plot may be transferred to the legal successor - the holder of the preemptive right determined in accordance with Art. 1168 Civil Code.

These are, in particular, heirs who owned the land on equal rights with the testator, as well as those who used it, provided that others had not previously used this land and did not have the right of common ownership.

Such an heir is obliged to compensate other claimants for their losses in accordance with the requirements of Art. 1170 GK.

In the absence of successors with priority rights, all applicants have the right of common shared ownership.

This rule does not apply to land ownership, which was unconditionally inherited.

After six months from the date of death of the testator, the notary issues a certificate of right to inheritance to the successors. However, by virtue of Art. 131 of the Civil Code, ownership of it is subject to state registration.

The procedure as established by Art. 3 of the Federal Law “On State Registration of Real Estate” can be carried out at the branches of Rosreestr or through the MFC.

Registration of land as property by inheritance requires payment of a state fee, the amount of which is determined by Art. 333.33 NK in sizes:

• for a whole plot – 350 rubles,
• for a share in it - 100 rubles.

When contacting the registrar, the heirs must submit a package of documents, which includes:

• application for state registration;
• identification documents;
• certificate of inheritance;
• documents establishing property rights;
• documents for land: cadastral passport, plan and others.

A will is always an expression of the will of the testator, according to which someone may be deprived of the inheritance, and someone may receive a larger share. There are no restrictions regarding the bequeathed plot of land.

Important! You just need to remember the basic requirements imposed by law on the form and procedure for drawing up a will. They are fixed in

1124 article of the Civil Code of the Russian Federation.

Main contents of the requirements:

1. written form;
2. notary certified;
3. without the date of its certification and the place of execution is invalid.

This article explains how to correctly draw up a will for a plot and a house.

What is better to choose - a deed of gift or a will - is discussed here.

Russian courts today are overcrowded with cases of inheritance disputes. This often happens due to citizens’ ignorance of the laws. Therefore, you should carry out all actions established by the state in time to receive an inheritance, so that it is easier to defend your rights.