RENEWAL OF TITLES TO LAND ACCORDING TO THE LAND CODE OF THE RUSSIAN FEDERATION

Grounds for re-registration of land to another person

To convert a land plot into ownership, it is necessary to have not only title documents, but also certifying ownership. It is also necessary to draw up a civil agreement on the conclusion of a transaction between the parties.

The legislator defines such transactions as:

• gratuitous transfer of land (donation);
• paid transfer of land (purchase and sale).

After the type of transaction has been determined, it is necessary to draw up a civil agreement that specifies the conditions for the transfer of the land plot.

It is necessary to complete the procedure for transferring a plot in accordance with the requirements of Federal Law No. 122-FZ of July 27, 1997. To do this, you need to contact a modern multifunctional center, provide all the required documents, and after the expiration of the established period, receive a document registering the plot of land in the name of the new owner.

How to transfer land to another owner

Transfer of a land plot into ownership of another person (individual or legal) is possible only if the transferring party has already registered ownership rights. In all other situations, re-registration of a plot on which buildings are already located occurs upon acquisition of the right to this property.

Regardless of the closeness of relationship between the persons transferring property rights, in such cases the legislator does not allow direct re-registration. Property rights to property can only be transferred by drawing up an appropriate legal agreement.

Documents for re-registration

In order to re-register a land plot, it is necessary to provide the necessary package of documents to the registration organization, namely:

• identification card of both parties to the contract (passport);
• if the interests of one of the parties are represented by an attorney, then a notarized power of attorney is required;
• three copies of the agreement on concluding a property transaction;
• registration certificate of ownership;
• confirmation of land ownership;
• cadastral passport of the plot involved in the transaction;
• a receipt indicating that the state duty has been paid.

For this type of property transactions, the state duty is set at 2,000 rubles. The deadline established by the legislator for making changes to the real estate register and issuing documents is 21 days (excluding weekends and holidays).

After this time, the new owner is issued:

• transaction agreement certified by the relevant authority;
• certificate of registration of ownership;
• cadastral passport.

How to register a plot of land as a property?

How to register land ownership without documents,

Re-registration of land upon sale

In order to re-register a plot of land to a new owner using a sales contract, several mandatory conditions must be taken into account:

• the land plot that is the subject of the agreement must have a cadastral number;
• When selling, the person alienating the property is obliged to notify the buyer whether there are any encumbrances placed on the land (subject of litigation, loan collateral, etc.).

In order to protect both the buyer and the seller as much as possible, the property agreement is signed directly in Rosreestr. Thus, the relevant employee representing the interests of the state, before accepting the agreement for registration, must verify the identities of the representatives of each of the parties to the transaction. This is necessary primarily in order to prevent fraudulent activities.

To register ownership rights, it is necessary, in addition to the property agreement itself, in three copies (a copy of each party and a copy to Rosreestr), to provide the following documents:

• passport of the representative of each party;
• a document giving the right of ownership to the seller (donation agreement, privatization agreement, registration certificate);
• cadastral passport of the transaction object;
• notarized power of attorney, if a representative is involved in the transaction;
• payment of state duty.

When the re-registration of ownership of a land plot occurs between individuals, the state duty is set at 2 thousand rubles. The legislator regulates the period for registration of title documents by a state body - 21 working days.

Then the originals of the documents submitted for registration are returned to the parties, and the new owner is given an extract from the unified state real estate register and a cadastral passport. Also, both the seller and the buyer are given certified copies of the property agreement, certified in the prescribed manner.

Re-registration of a land plot upon donation

Often, when registering a land plot, the question may arise whether it is possible to avoid paying a tax in the amount of 13% of the cadastral value of the land. Yes, the legislator gives such an opportunity - to draw up a gift agreement. However, if the conditions for the transfer of ownership free of charge are violated, then very unpleasant incidents may subsequently occur, which may result in the cancellation of the contract in court or prosecution for non-payment of taxes.

Before making a final decision on the method of registering ownership, it is necessary to take into account the family ties between the parties to the transaction. If the land is received from a close relative, then donation will be the ideal way to register it.

To register a gift agreement with government agencies, the same package of documents is required as when registering a purchase and sale agreement. But unlike the purchase and sale agreement, various intangible conditions may be included in the deed of gift.

For example, the donor obliges the recipient to build a house on the plot within the next five years, or that the gift agreement will come into force only after the recipient enters into an official marriage, or the person taking away the land obliges its new owner to obtain a higher education. There may be several such conditions included in the contract, but each of them must be strictly non-material in nature.

Inheritance

This case provides for the procedure for transferring the right to the new owner either by will or by law. After the death of a citizen, the land that was in the public domain migrates to relatives along with all existing property. If the closest relatives are absent, then more distant relatives in the next line can apply for it. With this method, the totality of the allotment is divided among all those entitled to it. However, upon reaching an agreement between those interested, this allotment can be transferred into ownership:

• with the allocation of the share due to each;
• redemption of a smaller number of heirs;
• redemption by one heir;
• refusal of some heirs in favor of others.

Re-registration of a land plot to another person after death

The procedure for registering ownership of a plot after the death of the previous owner has several features. A plot of land, which is registered as a property in accordance with the provisions of the Law, after the death of the owner is inherited by his relatives. The order of priority for receiving an inheritance is regulated in the Civil Code of the Russian Federation.

If the relatives of the deceased cannot come to a common decision and several people claim the land, then an agreement can be concluded that allows:

• shared ownership;
• redemption by some heirs;
• redemption by the sole heir of all shares;
• refusal of some heirs to inherit.

If the agreement is not formalized, then all heirs own the land without allocating shares.

To establish the right to property, you must contact the MFC with all documents for the land and documents on entry into inheritance. A state fee of 2,000 rubles is also required.

Sale of land

In accordance with Article 14 of the Land Code of the Republic of Belarus dated July 23, 2008 No. 425-Z, citizens of the Republic of Belarus may have land plots provided to citizens of the Republic of Belarus before the entry into force of the Land Code of the Republic of Belarus dated July 23, 2008. 2008 No. 425-Z, land plots, the right of lifelong inheritable ownership to which was transferred to them in the prescribed manner, as well as land plots granted for lifelong inheritable ownership to citizens of the Republic of Belarus:

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- for the construction and maintenance of a residential building - in cases established by the President of the Republic of Belarus, when land plots are provided without an auction; (In accordance with part ten of paragraph 6 of the Decree of the President of the Republic of Belarus dated December 27, 2007

How to re-register a plot of land to a relative

Naturally, every person who wants to give their land to someone close to them is afraid that during re-registration they will have to spend not only a lot of time, but also money. However, the legislator allows you to avoid paying taxes if a donation procedure is carried out.

When such an agreement is concluded, the plot of land is alienated into the possession of the new owner free of charge.

For such a procedure, it is necessary to provide the owner’s title documents (certificate of registration of rights, purchase and sale agreement, inheritance) to the appropriate authorities. You will also need to provide a cadastral passport of the site, technical documentation for all buildings located on the site.

After registering the donation agreement with a government agency, the new owner of the plot is issued a certificate of registration of ownership and he can dispose of the newly acquired plot at his own discretion.

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Re-registration

The final point of re-registration is the state re-registration procedure. Confirmation by the state of the fact that the new owner has acquired rights to own the plot. Information about the land property is entered by Rosreestr. To make this entry by the registrar, the interested person applies in writing to the territorial department of the State Register on whose territory the property is located. The following documents are attached to the application:

• paper that served as the basis for the transfer of ownership;
• passports;
• cadastral number of the land plot;
• technical documentation on land management;
• Act of Handover;
• a receipt confirming payment of the state duty.

After checking the received materials, the state registrar makes an entry in the electronic database and hands the new owner the document in the form of an extract from the register.

Re-registration of a plot of land: regulations, grounds

Registration of land transfer takes place in accordance with regulatory act No. 122-FZ of July 27, 1997 and the Land Code (Land Code of the Russian Federation). In addition, owners take advantage of the new law (No. 93-FZ of June 30, 2006), which provides for a “dacha amnesty,” which is a simplified way to change the owner of a land plot.

There are several reasons for changing the owner of land:

• inheritance;
• privatization;
• sale;
• renting a plot owned by the municipality (more details on how to rent municipal land);
• transfer of ownership for lifelong use;
• donation.

In these cases, the process starts and the preparation of documentation begins. After determining the type of transaction, an agreement is drawn up describing all the terms of the acquisition.

Re-registration of land ownership: step-by-step instructions

In this case, inheritance is not considered, and registration occurs exclusively under a property transaction agreement in 2 options: donation and sale and purchase.

Step 1. Documents

First of all, you need to have on hand the papers that establish ownership, and other acts necessary for registration. Strict execution of instructions is a guarantee of a successful transaction.

The owner often does not have a cadastral passport, which will be a serious obstacle in the purchase and sale process. From January 1, 2017, instead of a passport, an extract from the Unified State Register is issued. You can get help in several ways:

• personal visit to the Cadastral Chamber or Rosreestr;
• submitting an application to the MFC;
• official portals (State Services, Rosreestr).

The service requires payment of a fee, the amount of which is 350 rubles.

Step 2. Contacting the administration

The absence of some papers puts the owners in a difficult situation; problems may arise during re-registration. For example, ownership of a summer cottage does not require confirmation of ownership with a special document, but the transaction cannot take place without it. To obtain a certificate, perform the following steps:

• land surveying of a garden area (read about what land surveying is);
• contacting the dacha association or SNT for an extract;
• registration of the act in the management of the Federal Reserve System.

The old document issued before 1998 is replaced with a new one.

Step 3. Transfer of papers to Rosreestr

Having received the necessary acts, both parties go to Rosreestr to transfer the package and purchase the plot. The main document will be a donation or sale agreement, which specifies the clear terms of the agreement, the buildings located on the site, and the agricultural purpose of the property.

After a period determined for the authorities, the right of ownership passes to the receiving party, which is confirmed by certified acts.

Transfer of land by sale and purchase: instructions

Stage 1. Collection of documentation

Required documents:

1. Identity cards of the parties (passports).
2. Ownership of the transferred plot.
3. Property transaction agreement. Provided in 3 copies.
4. Extract from the Unified State Register or cadastral passport.
5. Receipt confirming payment of the state duty.
6. Notarised power of attorney. Submitted if a representative of one of the parties participates.
7. A deed confirming ownership.

The price for a gardening project may be formal if the buyer is a relative.

Stage 2. Applying and submitting the package to the registration authorities

Having collected a package of papers, the parties apply to the MFC, and then to Rosreestr.

After paying the state fee in the amount of 350 rubles, after 21 working days the receiving party receives papers confirming the status of the owner of the land plot: an approved contract, a new cadastral passport and a certificate of ownership. To make changes to the real estate register, 3 weeks are given.

Re-registration of a plot to a relative: procedure and features

The most beneficial option for both parties would be a change of owner through a donation. You can also issue a bill of sale, but you will need to pay taxes and fees. The main distinguishing points of transferring land to a relative:

• minor relatives can only accept land as a gift;
• when selling land to an individual who is related, the 13% tax is not refunded;
• the sale procedure is taxable if the plot has been owned for less than 3 years;
• concluding a gift agreement is tax-free;
• Only official spouses can participate in the donation - general rules apply to cohabiting people;
• In the case of joint ownership of the land plot by both spouses, the transaction requires the notarized consent of each.

To successfully carry out the transfer, documentary proof of relationship is required.

The costs of the procedure will be much less in the case of a deed of gift. The main thing is that the main papers are correctly drawn up. You need to take care of their availability in advance.

Transactions with real estate and land

Marino4ka0610 February 3, 2020, 09:53 Marina, Kiev region.

Please answer the following question: Are the house and land given as a gift subject to division between other family members? Can a Deed of Gift be contested at all, and if so, in what cases?

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Hello! During the lifetime of the donor, only he himself can challenge the deed of gift. And after the death of the donor, his relatives can file a lawsuit in the following cases: the notarized conclusion of the gift agreement took place under pressure; the donor was incapacitated; drawing up a contract by deception; forgery of documents. The owner of real estate has the full right to dispose of his property during his lifetime, including selling or donating.

Donation of land: step-by-step scheme

The main positive aspect of this option is the tax exemption. Thus, there is no need to pay cadastral fees. The main thing is to carry out the entire process in accordance with the law - otherwise, if violations are identified, cancellation through the court is possible.

The general package of necessary certificates and acts is similar to what is submitted when selling a land plot. Only the contract is different. It is drawn up in the form of a deed of gift, which is certified by a notary. The clauses of the agreement may contain special conditions that are not related to the material side. For example, the former owner may oblige the future owner to build a residential building on the property or to marry within a certain period of time.

Step 2. Determine the essential provisions

Points, failure to comply with which threatens to declare the agreement void or voidable:

• name indication of the donee and the donor;
• a clear definition of the subject of the agreement, indicating all the characteristics of the object;
• transfer timing (may be delayed for several years);
• terms of transfer and termination of the agreement, if any;
• force majeure circumstances.

Agreements are provided in 3 copies: one for each party, the third - to the authorized body.

Step 3. Payment of duty

Each participant is required to pay a fee of 350 rubles on a receipt and provide a receipt to the registration authority when submitting a package with documentation.

As you can see, there are a lot of subtleties in drawing up an agreement. To competently resolve the issue and avoid undesirable consequences, it is recommended to contact lawyers who know all the nuances of executing such transactions.

Purchase and sale

A transaction that also requires drawing up an agreement and registration with a notary. The contract necessarily provides for the following points: area and category of the plot, cadastral number and location of the plot, cost (determined on the basis of an expert report), old and new owner. The main point is to sign the transfer and acceptance certificate, which must contain similar information about the land specified in the agreement.

When registering a donation or purchase or sale, the absence of prohibitions in relation to the object, paid taxes, lack of a loan, or collateral is required. In addition to the above, the number of co-owners, including married persons, matters. If the husband or other co-owners decide to carry out a real estate transaction, there must be a written consent of the remaining co-owners, certified by a notary.

Inheritance of land

After the death of the owner, after 6 months, the next of kin apply to the registry office to re-register the property. Be sure to include a will, if one was written, and proof of relationship, as well as a death certificate. Process Features:

• in the absence of close relatives, distant relatives take over;
• several heirs enter into equal shares or those designated according to the will;
• one heir has the right to buy out the share of another;
• the refusal of one successor in favor of another is possible;
• refusal of all heirs is possible.

You may be interested in how to formalize a waiver of the right to a land plot.

Documentation

To determine ownership it is necessary:

• death certificate;
• will;
• documentary evidence of relationship;
• significant acts on land.

Submission to authorities

After collecting the information, you need to contact the nearest MFC. Before this, each citizen pays a fee of 350 rubles.

Legal disputes

Quite often, legal proceedings arise regarding the cancellation of a deed of gift for a land plot. There may be several reasons for this:

• improper handling of the object of donation, if it is of value to the donor;
• death of the donee before the donor;
• causing significant harm to the donor by the donee;
• donation under pressure;
• conducting a transaction in violation of the law.

A striking example is the cancellation of a deed of gift written under the influence of external factors.

Citizen N goes to court with a claim to invalidate a deed of gift received in violation of the law. As a basis, it was stated that she, the sole owner, under pressure from relatives, wrote a deed of gift for her daughter. The plaintiff was not explained the consequences when registering with a notary. During the signing of the papers, the citizen was in a depressed state due to the death of a close relative.

It was stated that living in the donated house became impossible due to pressure from the recipient. The claim contained a demand to recognize the deed of gift as void in accordance with Article 178 of the Civil Code of the Russian Federation.

The defendant categorically did not accept the demands. The plaintiff’s daughter indicated that neither she nor her relatives had any influence on her mother. The notary, according to the instructions, explained to the plaintiff the consequences of signing the agreement. The court did not satisfy the plaintiff’s demands; the appeal also did not find any violations in the agreement due to the lack of evidence of misrepresentation and the inability to make informed decisions.

The process of registering and changing the owner of a land plot has many pitfalls. Incorrect collection of certificates or incorrect filling out of applications is fraught with refusal, and sometimes even legal proceedings. In order to avoid problems, save time, nerves and money, you need to contact a specialized law firm. Professional practicing lawyers who know a lot about these types of transactions will do the bulk of the work and certainly won’t make a mistake. Entrusting the case to lawyers means saving yourself from difficulties and achieving your goal with small sacrifices.

In order to register ownership of another person, you will need documents confirming the rights of the current owner and documents for the land. It is necessary to conclude an agreement formalizing the transaction for the transfer of the site.

Attention! According to civil law, such transactions can be divided into two types:

• gratuitous transactions (donation),
• paid transactions (purchase and sale).

After choosing the type of transaction, an agreement is drawn up defining the conditions under which the land is transferred into the ownership of one of the parties. When completing this transaction, it is necessary to comply with the provisions of the Federal Law on State Registration of Rights to Real Estate and Transactions with It dated July 21, 1997 No. 122.

Contact the MFC, submitting the required documents in full, to receive documentary evidence of the transfer of rights to the land plot to the new owner.

Registration of a land plot from lease to ownership.

RENEWAL OF TITLES TO LAND ACCORDING TO THE LAND CODE OF THE RUSSIAN FEDERATION

RUSSIAN FEDERATION G.A. VOLKOV Volkov G.A., Candidate of Legal Sciences, Associate Professor of the Department of Environmental and Land Law, Faculty of Law, Moscow State University. M.V. Lomonosov. A number of legal norms of the Land Code of the Russian Federation are aimed at solving the problem of re-registration of rights to previously allocated land plots. Even at the dawn of land reform, an attempt was made to solve this problem. Law of the RSFSR dated November 23, 1990 N 374-1 “On Land Reform” provided for the re-registration of the right to use land plots for citizens and legal entities. The provisions of the RSFSR Law “On Land Reform” were supplemented by the legal norms of the RSFSR Land Code of 1991, as well as a number of decrees of the President of the Russian Federation. ——————————— Lost power. Same. See: Golichenkov A.K., Volkov G.A. Commentary on the decrees of the President of the Russian Federation guaranteeing the constitutional rights of citizens and legal entities to land for the period 1991 - 1996. // Legislation. 1996. No. 2. Re-registration of the right to use land was difficult for legal entities, as evidenced by numerous judicial practices. There were fewer problems with regard to citizens, but the situation became more complicated after the adoption of Decree of the President of the Russian Federation of January 25, 1999 N 112 “On invalidation and amendment of certain acts of the President of the Russian Federation.” This Decree affects the most important previously adopted decrees of the President of the Russian Federation regulating land relations. An analysis of the amended and repealed legal norms gives reason to conclude that the adoption of this Decree is primarily related to the Federal Law “On State Registration of Rights to Real Estate and Transactions with It.” Among the fundamental changes we can highlight the following. The procedure for issuing documents certifying land rights has changed. In Decrees of the President of the Russian Federation N 631 of June 14, 1992, N 480 of April 23, 1993, N 1767 of October 27, 1993, the legal norms establishing the procedure for registering land rights and the procedure for issuing documents certifying land rights became invalid . The procedure for obtaining information about registered rights to real estate objects and their accounting data has changed, since the procedure for obtaining information about registered rights to real estate objects and their accounting data was established by Articles 7 and 8 of the Federal Law “On State Registration of Rights to Real Estate and Transactions” with him". Decree of the President of the Russian Federation N 2130 of December 11, 1993 “On the state land cadastre and registration of documents on rights to real estate” was canceled, by which the registration and execution of documents on rights to land plots and real estate firmly associated with them were entrusted to the State Committee for Land Resources of Russia and its local territorial authorities. At the same time, the rights of citizens to re-register land plots as their own were significantly affected. Decree of the President of the Russian Federation No. 112 of January 25, 1999 invalidated paragraph 4 of Decree of the President of the Russian Federation No. 480 of April 23, 1993 “On additional measures to provide citizens with land plots,” which provided for: a) the form of provision of land plots (property , lifelong inheritable ownership or lease) is determined AT THE WISH of citizens; ——————————— Here and below it is highlighted by the author. b) THE RESPONSIBILITY of the local administration to make a decision on the re-registration of a land plot WITHIN A MONTH FROM THE MOMENT OF SUBMISSION OF THE APPLICATION, i.e. in fact, the obligation of the local administration to make decisions on re-registration of land rights was established; c) charging ADDITIONAL amounts of money during re-registration is not allowed; d) upon re-registration of a land plot previously provided free of charge for the use of a citizen, the plot or part of it is transferred to his ownership FREE OF CHARGE within the limits of the maximum norms for the provision of land plots in force at the time of re-registration. After Article 7 of the RSFSR Land Code of 1991 and the RSFSR Law “On Land Reform” were declared invalid by Decree of the President of the Russian Federation No. 2287 of December 24, 1993, the right of citizens to the FREE transfer of land plots into ownership that had previously been provided for use was established by two legal norms: paragraph 4 of Decree of the President of the Russian Federation No. 480 of April 23, 1993; paragraph 14 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”, which provides that land plots allocated for personal farming, gardening, housing construction in rural areas are transferred to the ownership of citizens for free. Only the last legal norm remained in force. The remaining regulatory legal acts provided for the right of citizens who had previously been given land plots for use to be granted ownership of them. However, they did not resolve the issue of free provision. ——————————— See: Law of the Russian Federation of December 23, 1992 N 4196-1 “On the right of citizens of the Russian Federation to receive private ownership and to sell land plots for running personal subsidiary and dacha farming, gardening and individual housing construction", article 1 // Gazette of the Council of People's Commissars and the Armed Forces of the Russian Federation. 1993. N 1. Art. 26; 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”, paragraph 4 // Collection of acts of the President and Government of the Russian Federation. 1993. N 44. Art. 4191; Decree of the President of the Russian Federation of March 7, 1996 N 337 “On the implementation of the constitutional rights of citizens to land”, paragraph 1 // Collection of legislation of the Russian Federation. 1996. N 11. Art. 1026. Therefore, Decree of the President of the Russian Federation No. 112 of January 25, 1999 brought into order the previously adopted decrees in accordance with the Federal Law “On State Registration of Rights to Real Estate and Transactions with It.” At the same time, the Decree significantly narrowed the rights and guarantees of citizens to re-register land plots as their property. Another attempt to solve the accumulated problems regarding the re-registration of the right to use land plots was made in the Land Code of the Russian Federation. Re-registration of rights to previously granted land plots is a type of emergence of rights to land from acts of executive bodies of state power and local government bodies. In the cases established by the Law, entities to which land plots were previously provided for use have the right to re-register the previously acquired right to a land plot. In some cases, re-registration of the right to a land plot is the responsibility of the relevant entity. At the same time, land rights that previously arose before the entry into force of the Land Code of the Russian Federation are preserved. Thus, the right of permanent (indefinite) use of land plots in state or municipal ownership that arose among citizens or legal entities before the entry into force of the Land Code of the Russian Federation is preserved (clause 3 of Article 20). This equally applies to the right of lifelong inheritable ownership of a land plot (clause 1 of Article 21). The preservation of previously arisen rights is confirmed by a special legal norm in the Federal Law “On the Entry into Force of the Land Code of the Russian Federation.” State acts, certificates and other documents certifying rights to land and issued to citizens or legal entities before the entry into force of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It” have equal legal force with entries in the Unified State Register of Rights to Real Estate real estate and transactions with it. These provisions must also be applied taking into account Article 6 of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It,” which provides that rights to real estate that arose before the entry into force of the said Federal Law are recognized as legally valid in the absence of their state registration introduced by this Law. ——————————— Clause 9 of Article 3 of the Federal Law of October 25, 2001 N 137-FZ “On the implementation of the Land Code of the Russian Federation” // Collection of Legislation of the Russian Federation. 2001. N 44. Art. 4148. The Decree of the President of the Russian Federation “On the implementation of the constitutional rights of citizens to land” dated March 7, 1996 N 337 stipulates that land plots received by citizens before January 1, 1991 and located in their lifetime inheritable possession and use, including in excess of the established maximum sizes, and used by them for running personal subsidiary plots, collective gardening, housing or dacha construction, are retained by citizens in full. It is prohibited to oblige citizens who have these land plots to buy them or lease them. The Decree of the President of the Russian Federation is currently applied to the extent that does not contradict the Land Code of the Russian Federation. ——————————— From change. and additionally introduced by the Decree of the President of the Russian Federation of January 25. 1999 N 112 // SZ RF. 1996. N 11. Art. 1026; 1999. N 5. Art. 651. The issue of preserving the right to use a land plot was the subject of consideration in the Constitutional Court of the Russian Federation “In the case of verifying the constitutionality of part two of Article 16 of the Moscow City Law “On the basics of paid land use in the city of Moscow” in connection with the complaint of citizen T.V. Blizinskaya." The Constitutional Court of the Russian Federation concluded that until 1990, in the conditions of the existence of exclusively state ownership of land, the main form of citizens’ exercise of the right to own and use land plots was permanent (indefinite) use, which was intended to guarantee them the stability of rights to land and other real estate located on it . Subsequently, during the implementation of land reform - both before and after the adoption of the Constitution of the Russian Federation, which established the right of private ownership of land (Article 9, part 2; Article 36, parts 1 and 2), - the legislator, in parallel with the process of reviving this form property, provided citizens, at their choice, with the opportunity to continue to use land plots on the right of permanent (perpetual) use, lifelong inheritable ownership, lease or temporary use, or re-register the existing legal title to any other. In this case, in any case, both automatic changes in land titles were excluded (re-registration was carried out on the initiative of the citizens themselves), as well as any restriction of the right to use a land plot in connection with the non-re-registration of the existing legal title for rent. Thus, regardless of whether citizens used the opportunity to re-register the right of permanent (perpetual) use of a land plot to the right of lifelong inheritable possession or not, they retained their former land plots (which fully applied to the applicant). As a result, the Constitutional Court of the Russian Federation, by Resolution No. 16-P of December 13, 2001, recognized the provision of part two of Article 16 of the Moscow City Law “On the basics of paid land use in the city of Moscow” as inconsistent with the Constitution of the Russian Federation, its Articles 19 (parts 1 and 2), 35 (parts 2 and 3) and 55 (parts 1, 2 and 3). The conditions for re-registration of rights to land of citizens differ from the conditions for re-registration of rights to land of legal entities. Citizens who own land plots under the right of permanent (perpetual) use or lifetime inheritable possession have the right to acquire ownership of them. Every citizen has the right to acquire ownership of a land plot that is in his permanent (perpetual) use or lifetime inheritable possession free of charge one time, while the collection of additional amounts of money in addition to the fees established by federal laws is not allowed. The same rule applies to citizens of the Russian Federation who have in actual use land plots with residential buildings located on them, acquired by them as a result of transactions that were completed before the entry into force of the USSR Law of March 6, 1990 N 1305-1 “On property in the USSR”, but which were not properly formalized and registered. In these cases, the procedure for the provision of land plots established by Articles 30 - 34 of the Land Code does not apply. The decision to grant ownership of a land plot must be made within two weeks from the date of submission of the application in writing to the relevant executive body of state power or local government body (Article 29 of the Land Code of the Russian Federation). For legal entities, special conditions are provided for the re-registration of land rights. Legal entities, except for state and municipal institutions, federal government enterprises, are obliged to re-register the right of permanent (perpetual) use of land plots to the right to lease land plots or acquire land plots into ownership at their own request before January 1, 2004 in accordance with the rules of Article 36 of the Land Code RF. The rent for the use of these land plots is established in accordance with the decision of the government of the Russian Federation. At the same time, the amount of rent for the use of land plots that are in state or municipal ownership and occupied by transport systems of natural monopolies cannot be higher than the land tax rates established for lands of industry, energy, transport, communications, radio broadcasting, television, computer science, lands for space activities, defense lands, security lands and lands for other special purposes. In relation to legal entities that have land plots with the right of permanent (perpetual) use, a “forced” procedure for re-registration of the right has been established. Legal entities, with the exception of state and municipal institutions, federal government enterprises, are required to re-register the right of permanent (perpetual) use of land plots to the right to lease land plots or acquire land plots as their own at their own request before January 1, 2004. It should be noted that Article 45 of the Land Code of the Russian Federation does not provide for the termination of the right to permanent (indefinite) use of a land plot as a result of non-re-registration of the right. Therefore, the “forced” procedure for re-registering the right to permanent (indefinite) use of a land plot may encounter opposition in practice. A similar example took place. Article 7 of the RSFSR Law “On Land Reform” provided for a period for legal entities to re-register the right to use a land plot (until February 1, 1993). This has caused legal disputes throughout

LEGAL REGULATION OF PROPERTY (LEGAL OF OBLIGATIONS) RELATIONS IN THE LAND CODE OF THE RUSSIAN FEDERATION »

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How to register land in the name of another owner

Only a person who has legal ownership of such a plot can transfer a plot of land into the ownership of another person. Otherwise, the initial acquisition of ownership of the land will be required.

It should be noted that the degree of relationship does not affect the procedure for re-registration of rights; in any case, documentary evidence of such a transfer will be required. The transfer of ownership of the plot is carried out exclusively within the framework of the contract.

agreement for the gratuitous transfer of land into ownership free of charge in word format

To register the transfer of ownership of a plot of land, you will need to submit the following documents to Rosreestr:

• passports of each party,
• if a representative acts on behalf of a party, a power of attorney is required,
• agreement confirming the transaction for the transfer of the site, in triplicate,
• document confirming ownership of the plot,
• cadastral passport of the land plot that is the subject of the transaction,
• a receipt confirming payment of the state duty.

In this case, the state duty is 2000 rubles. It takes 21 working days to complete the transfer of rights, make changes to the register and prepare new documents.

ATTENTION! Look at the completed sample agreement for the gratuitous transfer of land into ownership:

Important! After this, the owner receives the following documents:

• a certified agreement formalizing the transaction for the transfer of the site,
• certificate confirming registration of ownership,
• cadastral passport.

Is it necessary to join SNT if the land is owned?

Read here how to abandon a plot of land to avoid paying taxes.

free land purchase and sale agreement in word format

Before submitting your application, you should prepare a number of documents. You can obtain up-to-date information about their list at the Rosreestr branch.

To complete a purchase and sale transaction for a plot of land, the following documents will be required:

• passports of each party,
• a copy of the purchase and sale agreement,
• if a representative acts on behalf of a party, then a power of attorney is also required,
• cadastral passport and certificate confirming the rights of the seller as the owner of the plot,
• application to Rosreestr.

ATTENTION! View the completed sample land purchase and sale agreement:

How to obtain a cadastral passport through the MFC?

For a gift agreement, it is necessary to collect similar documents. If the transfer of the plot is carried out to a relative, a document will be required that confirms the existence of a family relationship between the parties.

The advantage of a gift agreement is the fact that the transfer of land to relatives is not taxed, which is economically beneficial. The land obtained as a result of a purchase and sale transaction is subject to tax.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

The owner of the land died

Advice from lawyers:

1. How to find the heirs of a deceased owner of a land plot in SNT?

1.1. You don’t have to look for them, if the heirs do not inherit within 6 months after death, the property of the deceased becomes state income (considered escheat). If you urgently need to find it, then no way.

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1.2. How to find the heirs of a deceased owner of a land plot in SNT? The chairman of SNT did not keep the contacts of the deceased: his registration address, home telephone number? Regarding the previous answer - the heir can claim the rights to the inheritance, and formalize it even after 40 years. So, if the plot has not been registered, this does not mean that it will fall into escheat and that there are no heirs.

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2. How to find the heirs of a deceased owner of a land plot?

2.1. Hello! Make a request to the Russian Register about the owner of the plot in six months. GOOD LUCK TO YOU.

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3. The owners of the country house and land died in 2004. The son died in 2006, leaving behind his wife, who lives in another locality. No one has formalized the inheritance and no one still wants to formalize it. And we need to agree on the boundary of the land plot. The administration refused to give us approval. What should we do? Where to go next?

3.1. Good afternoon The border can be agreed upon by advertising in the newspaper about holding a meeting on the issue of border approval. In the Border Approval Act, a mark is placed that it was agreed upon by issuing an announcement.

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3.2. Nina Borisovna, If none of the heirs accepted the inheritance, the property passes to the municipality as escheat. Refusal of escheatable property is not permitted. So, whether you like it or not, the Administration will have to deal with this area.

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4. The owner of the land plot and the residential building located on this plot died. The wife inherited only the land and gave it to her brother as a gift. Question: how can a brother take ownership of a residential building located on this site?

4.1. Why was the inheritance for the house not registered?

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5. I am selling my land plot. I ordered a survey. When surveying, the consent of all neighbors is required. One of the neighbors is not the owner of the land plot, but has been cultivating this land plot for many years and paying fees. The owners died a long time ago, no one took over the inheritance. Who will sign the land survey document for me from this neighbor?

5.1. Good afternoon If the neighboring plot does not have a legal owner, boundaries will have to be established in court.

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6. In 2013, we made a survey of the land plot with a neighbor, the approval was carried out in the newspaper because the owner died in 2005 and there was no information about the new owner. In 2020, the heir showed up and began to survey the plot and it turned out that my plot had moved 1 meter in On his side, a registry error was revealed, can it be corrected without the consent of the neighbor who is categorically against it, although there is no infringement in the area.

6.1. Hello. Can.

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7. I am the owner of 1/2 share of the land plot. The boundaries of the land plot have not been formed. There was a need to establish the boundaries of an entire plot of land. The owner of the other share is now deceased. Is it possible to order a survey and how can the results of the survey and the survey plan be agreed upon?

7.1. Good afternoon You can order land surveying at any time; as a rule, the coordinates of the boundaries of the plots are agreed upon by adjacent owners, and if the owner of the neighboring plot is not within reach, the cadastral engineer publishes a corresponding announcement in the local media.

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8. Is it possible to formalize the purchase and sale of a land plot if the only owner is the husband, his wife died and he did not enter into the inheritance.

8.1. Hello! Such a transaction may be suspended by Rosreestr, since the inheritance must be accepted.

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8.2. Good afternoon To answer the question, you need to know whether the plot is joint property. If the husband bought the land before marriage, or received it as a gift or inheritance, the plot is not jointly acquired and the husband can freely sell it.

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9. The owner of the land plot died. The wife enters into an inheritance and wants to immediately change the documents for the land to another person, whether it is necessary to pay any money to both parties and how much. .

9.1. Hello, Alena, property received by inheritance is not subject to tax. As for the alienation of a land plot, when selling Article 549 of the Civil Code of the Russian Federation, the wife will have to pay personal income tax of 13% on an amount exceeding 1 million rubles, since the tenure period is less than 3 years. If a donation agreement is concluded under Article 572 of the Civil Code of the Russian Federation, the recipient will pay 13% of the cadastral value of the plot.

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10. The owner of the land plot died on 06/05/2020. We discussed with him the issue of purchasing this plot. We want to buy it now, is this possible? His wife and children agree. What document can be drawn up without waiting for the time of inheritance.

10.1. Only after entering into inheritance can they sell you the plot. Now you can draw up a preliminary DCT with them (Article 429 of the Civil Code).

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10.2. To secure the deal, you sign a preliminary purchase and sale agreement, and everything else only after the heirs accept the inheritance and register it with Rosreestr. It is unknown whether any of those on the first line (wife, children, parents) will accept the inheritance. Perhaps the deceased has obligations, debts. Look at the deceased on the website of the FSSP of Russia.

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11. The land plot is registered for two people, one owner died 5 years ago. How can the owner transfer the second share to himself?

11.1. Buy it from the heir, if no one has entered into the inheritance, then contact the municipal administration.

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11.2. The heirs of the deceased owner must enter into the inheritance. Then, through a notary, you can register the property. But since the deadline for entering into inheritance has passed, you need to go to court.

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11.3. Simply transferring the second share to the owner for himself will not work. This is not permitted by the laws of the Russian Federation. To do this, you have to go through several procedures, starting with contacting the administration. I believe that you do not know the heirs, and perhaps this property is escheat. Accordingly, you should contact the administration.

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12. There is a plot of individual housing construction. There is an old house on it, which is divided between two owners. The plot is not registered and there are no documents for it (ownership is not established (in lease)). I own one part of the house, the other part of the house belongs to my deceased brother. His relatives have already missed registering the inheritance by 20 years and do not want to register the second part of the house. How can I at least register half of the land plot? Privatize it without the participation of the second owners, who do not need anything.

12.1. Gleb, in this case, it is better for you to make an appointment in person with a lawyer with all the documents you have for this property. You can choose a lawyer or law firm here on the website. There is always a way out, the main thing is to build the right legal position. In parallel, several questions: 1. Do you live in this house and use the land? 2. Do relatives also live and use the site?

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12.2. Gleb, if you used the house all the time after the death of your brother, other than you, other heirs did not use the house, you did not create obstacles for them to use the house, and none of his heirs turned to the notary for registration of inheritance rights (not only the house, but also that something else), then you have a chance to register the rights to the entire house and plot, since you have entered into an inheritance in fact. But this can only be done through the courts. You should contact a specialist to analyze the situation and prepare documents.

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13. There is a plot of land, the owner has died, there are no heirs. How to register land ownership?

13.1. After the land plot becomes escheat. Until the procedure is completed, you will not be able to register the land.

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13.2. Hello! Regarding the presence or absence of heirs to the plot, I advise you to check with the local administration so that problems do not arise later. If there are still no heirs, you will be able to acquire ownership of the land only by virtue of acquisitive prescription, i.e. after 15 years (Article 234 of the Civil Code of the Russian Federation). However, now you can become its owner if you openly and conscientiously own it, use it for its intended purpose, monitor it, and improve it. And after 15 years, claim the rights to it.

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14. There is a house with the territory of the owner who died. By inheritance, the house and grounds go to me. The problem is that before his death, the owner entered into a purchase and sale agreement for the land plot and all other documents with the neighbor, but they have not yet been formalized, and I do not want to sell this land. Do I have the right to do this?

14.1. Transfer of ownership of real estate (land) to the buyer after state registration of this transaction. So this citizen has no rights to this area. However, he may make demands on you as a legal successor for the return of the amount of money if any was paid, however, this demand can also be disputed.

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15. Owned plot of land, the owner died in 2011, the inheritance has not been formalized. The house is privatized for my son. Can he sell the house without inheriting the land?

15.1. Not anymore. And we still need to look for a buyer who will agree to buy a house without land.

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15.2. You should apply to the court for recognition of ownership rights to this land plot by inheritance. After this, the son can sell the house along with the land.

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16. 2 years ago my mother died, she was the owner of several dacha plots, there was a trial regarding one of these dacha plots, and a decision was made to demolish the building on this plot. Due to non-compliance, the rest of the land plots that my mother owned were seized. Now we are her children entering into an inheritance, can we remove the seizure of land plots due to the death of the owner.

16.1. Yes you can. To do this, you need to apply to the court to cancel interim measures, if the arrest was imposed by a judge. If the bailiffs, then you need to contact them with the same statement.

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17. 9111.ru Hello. Resolve this situation. There was a house for two owners. One part was owned by a relative. She died in 2004. She has a husband and 3 children, now adults. Everything in this house is registered. After death, no one entered into the inheritance. The house burned down. Now there is a question about selling at least a plot of land. How to do it. The owner of the second half of the house is not against it. The building as such no longer exists.

17.1. Register inheritance and sell.

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18. By a court decision dated March 17, 2020, the son was recognized as the owner of the residential building of his mother, who died in 1984, as having actually accepted the inheritance. When owning a home, does the land need to be purchased or is it given for free? At whose expense is land surveying carried out?

18.1. Land surveying at the expense of the house owner. And the plot can be purchased for free.

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18.2. The land plot can be transferred either free of charge, leased or purchased, as agreed by the parties. Land surveying at the expense of the person wishing to receive the plot.

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18.3. Hello! You need to contact the administration with an application to obtain ownership of a plot of land without bidding, due to the fact that the house on this land. plot. First you need to dissociate it.

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19. I wanted to buy a house, but it was unclear whose it was. Only the land plot is registered in Rosreestr, the owner is not indicated. There is no house in Rosreestr. The woman who lived there died, but as I understand, after her father’s death she did not register the house in her name. She has 2 children who are selling this house for cash. Is it worth buying?

19.1. Uv. Maria, if the house is not registered in the cadastral register and the ownership of it is not registered, then you cannot buy it. Invite the seller to independently register the title to the house, and then buy it.

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19.2. This is a risk of being left without money and property. Even an attractive price will not be able to compensate for the problems that you may encounter in the future, without knowing the details (there are assumptions that the sellers had problems with registration and why the property has not yet been registered).

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20. My son owns a share in a private house (house for 4 people). In October, one of the owners died and his wife, after entering into an inheritance, offers to buy out their part. But, as I know, they only have a green card for the house, and the land plot is not registered. Is such a deal possible? Is it possible to put greenery on the ground later?

20.1. Hello, Natalia. Such a deal is possible, and the parties agree to it. Then your son, with all the documents, can apply to register the land plot. But the most optimal and simplest option is to first register the land and then buy out the shares of both objects. You can enter into an agreement with the seller and indicate that you intend to buy her shares, pay for the registration of her share of the land at your own expense, and she is obliged to deduct this amount from the total cost of the sale. Then there's a chance she won't quit. And your son has peace of mind that she will sign everything and then sell it to him.

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20.2. Dear Natalia. First, you need to understand what is the permitted use of the land plot on which the house stands and what rights the owners have to this land plot. By “greenback” you mean a document certifying ownership. To answer your question whether it is possible to register a plot of land as your own, you need to look at the documents, and you can purchase inherited shares of a house after state registration of the right on the basis of a certificate of the right to inheritance by law.

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The owner of the land, my grandfather’s house burned down, I can register the land for myself, 20 years have passed.

Please, I have the inheritance of my deceased brother. Land plot and apartment.

There is a plot of land in SNT, no one has needed it for many years, the owner died a long time ago, his son will not inherit. How can one purchase such a plot?

Moscow region. Common house, property in shares. And everyone owns land plots.

In 2012, we bought a house and land. The owner of the house and part of the land was one person. The second part was sold by proxy.

We sold a residential building and a plot of land in 2020. Part of the house belonged to me since 2013 under a will from my father - 3/8 of the house.

Can I register ownership of a garage in the ASG, 'where I have been a member for more than 15 years' (the owner has died.

The certificate of the right to inherit the land plot has been lost. My deceased mother is registered in Rosreestr, I pay taxes as the owner.

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).

I have a plot of land in a gardening partnership. In 2013, I took ownership of it and registered it with Rosreestr.

There is a private plot. There is a separate iron garage on it. Can I sell it if the owner of the house and land died within 6 months?

How to re-register land when donating

As a rule, ownership of the plot passes to the donee upon completion of the paperwork, however, the moment of transfer of the plot may be determined in a different way in the agreement.

Donation is prohibited, the condition of which is the transfer of property after the death of the donor.

You can use a standard form for drawing up an agreement, for example, the 1994 model developed by the Russian Federation Committee on Land Resources.

land donation agreement for free in word format

Please note! The contract must include the following information:

• names of the parties (they are the donor and the donee),
• information about the subject of the contract, with the help of which you can clearly individualize it. In the case of a land plot, such information includes: its area, cadastral number, information about the buildings located on it (both residential and non-residential),
• cadastral value of the plot,
• information about the existence of other rights to the site on the part of third parties,
• rights and obligations of each party,
• applications.

If you are going to seek advice from a law firm, carefully study the cost of the services they provide. They can charge from 5,000 to 10,000 rubles for preparing the contract.

If a plot of land is transferred to a person who has not reached the age of majority or is legally incompetent, then the consent of his legal representatives in writing is required. A minor citizen cannot be a donor of a plot of land.

Remember! To have a deed of gift certified by a notary, prepare the following documents:

• three copies of the contract,
• documents that prove the identity of each party,
• cadastral plan,
• a document containing information about the cadastral value of the site (based on the results of the assessment),
• a certificate confirming the absence of buildings on the site, or an extract from the Unified State Register of Real Estate confirming the rights to them,
• documents confirming the rights to the site.

Separate registration of the agreement itself with the Rosreestr authorities is not required.

ATTENTION! Look at the completed sample land donation agreement:

The process of re-registration of a plot after the death of its owner has a number of distinctive features. A plot of land is included in the inheritance mass, the rights to it are transferred by inheritance by law or by will.

The heirs according to the law are the relatives of the deceased, who form several lines depending on the degree of relationship, and the heirs under the will can be persons who are related to the testator or not.

As a general rule, within the framework of one inheritance line, the inheritance is divided equally, shares are not allocated, however, the heirs can enter into a special agreement on the division.

Within the framework of such an agreement, the following options are acceptable:

• redemption of the plot by one heir,
• registration of property of all heirs, allocation of the share of each of them,
• redemption of the plot by part of the heirs,
• the heir's refusal of his share in favor of another heir.

Re-registration of rights to a plot is carried out at the MFC.

Required documents:

• death certificate of a relative,
• passport and birth certificate of the heir. This is necessary to confirm the relationship between the heir and the testator,
• a certificate confirming ownership rights to real estate located on the site (please note that you do not need to submit a technical passport),
• state act on the right to use a plot of land,
• other documents confirming the existence of property (for example, a passbook, etc.)

Documents for an old-style plot

Advice from lawyers:

1. There is a house in the village, individual housing construction, the land is registered as the property, land surveying was carried out in 2020, and the data is entered into Rosreestr. There are old-style documents for the house, from the late 80s, is it necessary to register the house and enter it into Rosreestr in order to pass it on as an inheritance with subsequent sale? Or are the documents for the land enough?

1.1. Good afternoon, Maya. In accordance with Art. 57 of the Federal Law of July 13, 2015 N 218-FZ (as amended on July 13, 2020) “On state registration of real estate” “Features of state registration of rights to an object of real estate when registering the transfer of rights to it” during state registration of the transfer of ownership of a building , structure, structure or other real estate, at the same time, on the basis of an application, state registration of the transfer of ownership of the land plot occupied by such real estate and which belonged to the previous owner of such real estate by right of ownership is carried out (clause 1). At the same time, you need to determine whether your documents for the house meet those specified in Art. 69 “Recognition of previously arisen rights, rights arising by force of law. Previously recorded real estate” conditions and make a decision on your issue.

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2. There is a plot of land with a residential building; we have old-style documents for the plot of land, but they are not in the archives. As a result, we were told that a delegation was coming to us to take away a plot of land and a house for the ownership of the village council. Tell me, please, what should we do?

2.1. Address the issue of proper registration of home ownership rights. Contact a lawyer for professional assistance. Sincerely, lawyer – Stepanov Vadim Igorevich.

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3. My father purchased the land in 1994. There is an old-style certificate of ownership. At the moment, he has written a general power of attorney for me in this area. How can I quickly complete all the documents and sell this land? I've never been there.

3.1. Good evening! Where is the land plot located?

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3.2. It won't work any faster. Contact the multifunctional center at your place of residence (stay) with documents for the land plot. If the boundaries of the plot have not been previously established, then it is imperative that the plot be surveyed first, otherwise the transaction on the transfer of ownership will not be registered.

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4. I have in my hands, from the documents, a certificate of ownership in 1993 (in the name of the person Drugova), also a notarized certificate for me and this person, i.e. all the data + the husband has no claim about the sale of the plot by his wife, also notarized. In general, this is a married couple, a house on the ground without a fence, they did not have land surveying, only an old-style certificate from SNT. There is also a written receipt stating that she received the funds in a simple form. Sincerely, Vladimir.

4.1. Clear. What's the question? Registration of ownership? Register the plot and house according to the declaration. The simplest solution.

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4.2. Good afternoon. If there was no land surveying, it needs to be done, the house according to the declaration in a simplified manner. But if your certificate of ownership was issued to another person and only a receipt for receipt of funds from the sale of the plot, you will have to recognize the ownership in court.

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5. I plan to buy a plot of land in Crimea according to the old state act of the Ukrainian model. The owner has a Russian cadastral passport. What other documents are needed to submit to the state register for a purchase and sale transaction? How long will it take for me to become an owner? When (at what stage) should the landowner be paid money for the plot?

5.1. Hello! Documents for the sale of real estate (Articles 16 - 18 of the Law dated July 21, 1997 N 122-FZ; clause 29 of the Methodological Recommendations, approved by Order of the Ministry of Justice of Russia dated July 1, 2002 N 184): 1. purchase and sale agreement on the basis of which property was acquired; 2. certificate of ownership; 3. extract from the house register 4. notarized consent of the co-owner’s spouse for the sale, if the property was acquired during marriage!

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5.2. You can buy a plot of land. You will need a title document, a cadastral passport, an agreement, your passports with the seller, a state duty receipt. You can hand over the money to her, take a written receipt. Article 454 of the Civil Code of the Russian Federation. good luck to you.

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5.3. Good evening. First, it is necessary for the seller to formalize the title of ownership. To do this, you need to contact the local administration to transfer the ownership of this land plot to it and it registers the right. After that, you need to conclude a purchase and sale agreement and register it also in the Russian register. Have a nice pleasant evening.

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6. I am the owner of a land plot in the ST since 1997, among the supporting documents there are: a certificate of ownership of the 1997 model, an annex to it (plan for the land plot), approval of boundaries. The certificate indicates the cadastral number of the old format. What actions must I take in order for my plot to be assigned a new cadastral number and accordingly put on the cadastral register?

6.1. Hello. You need to contact the cadastral center to clarify your question. It is possible that nothing needs to be changed, and the previously assigned cadastral number is valid.

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7. I own a plot of land, 1/2 share of a house that stands on my plot. This part of the house is recognized as unsafe, there is a conclusion. How to liquidate ownership of 1/2 shares of a house? The owner of the second share died. Her documents were of the old type (probably drawn up in the late 80s, early 90s).

7.1. The ownership of the 1/2 share that belonged to the deceased passes into the ownership of either her heirs, or, if the heirs do not accept the inheritance, then into the ownership of the municipality (escheatable property). In this regard, it will not be possible to “liquidate” the second share on the grounds that the owner has died. Thus, at present, the owner of the second share is either the heirs or the administration.

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8. We have a plot of land purchased in 2004 and have a state certificate. registration of rights. Do I need to change this document to a new sample? Will the notary formalize the purchase and sale according to the old model?

8.1. The title document (certificate of state registration of rights to real estate) does not need to be changed; it is valid.

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9. Dacha question. What is the procedure for restoring the correct document of the owner of a summer cottage? In the old-style property document and in the archival certificate (received at the MFC), the owner's middle name is incorrectly indicated due to an old mistake by the board; in the tax service, the middle name is indicated correctly (in the land tax document). Where to go to get a land ownership document. site with the correct data?

9.1. In court, recognize the fact that documents belong to one person and, based on a court decision, make changes to the information contained in the registration chamber. You can successfully resolve your issue with legal assistance. Thank you for using the site's services!

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10. What is the way out in my situation. I wanted to purchase an empty adjacent plot in SNT. The owner, born in 1916, died; the documents for the land were of the old type. I called the address where the man lived, wanting to talk to relatives. They don’t make contact and don’t want to hear anything about THIS site. For 10 years, no one appeared on it. There is no information in Rosarest about this land. Thank you.

10.1. Contact the settlement administration about purchasing an escheated plot.

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10.2. Contact the district administration where the site is located. There is no ownerless land.

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10.3. Order an extract from the cadastral chamber and contact the local administration regarding registration of an escheated land plot.

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11. How to sell a house by proxy along with land. plot, if the documents contain only a certificate of ownership of the land. I love the old model and the purchase and sale agreement from 1995. There is practically nothing left of the house (it was abandoned).

11.1. Draw up the documents, only after that you can sell, or sell by receipt, shifting the burden of paperwork to the buyers.

Did the answer help you?YesNo

12. I want to buy a neighboring plot in SNT. The owner died, no one appeared on the site for 10 years. The documents are of the old type and are registered to the old owner. Relatives do not make contact. But there is another plot, also with old documents, and they are ready to sell it. Can the SNT board change the numbers of plots?

12.1. Hello. Who took over the inheritance? Do you have a certificate from the Unified State Register?

Did the answer help you?YesNo

13. Parents died and there was a dacha plot left, which they did not have time to privatize, the documents for it / the old-style certificate was lost / what to do.

13.1. We need to look at the documents. First, try restoring your documents.

Did the answer help you?YesNo

13.2. You can file a claim in court by first contacting the Cadastral Chamber.

Did the answer help you?YesNo

Consultation on your issue

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14. I am a citizen of Ukraine, I have a residence permit, my husband is a citizen of the Russian Federation. I had an old-style certificate of ownership, now I am applying for a new certificate of state registration. Tell me, when obtaining Russian citizenship, will you need to redo the documents for yourself, a citizen of the Russian Federation, or can you issue a deed of gift for the child before receiving it? Can I give a child a plot of land while being a citizen of another state?

14.1. You can also draw up a gift deed using old documents.

Did the answer help you?YesNo

15. Passions, I have a plot of land with a house on it and it is not privatized, I have old-style documents, can I donate this plot.

15.1. Hello, you can only donate your property, but you write that the plot is not privatized.

Did the answer help you?YesNo

16. We want to buy a garden plot. The site was privatized in the 90s. There is a small house on it, which is not decorated. The seller invites us to register it after the purchase and sale transaction. Shouldn't he do it himself? Does he need to change the old-style documents to the new brilliant green?

16.1. New documents are not needed and he can register this house himself in a declarative manner and it will take one week, the fee is 1000 rubles, and then he will sell it to you.

Did the answer help you?YesNo

17. After my father’s death, we found documents for a plot of land in the Kaluga region (we ourselves live in the Moscow region). Old-style documents (certificate of ownership, decree on land allocation, etc.), the plot was not registered in the cadastral register. The notary where we opened the inheritance case received a response to the request about the lack of information on this site. What to do to register a plot.

17.1. It is necessary to recognize ownership through the court and include it in the estate.

Did the answer help you?YesNo

17.2. Good afternoon It is necessary to make a request to the archive of the locality where the site is located or to the regional register to begin with. Then go to court.

Did the answer help you?YesNo

18. Tell me, there are documents for an old-style house, but there is no greenery, 15 years have passed, there is no longer a house on the site, is it possible to return the site?

18.1. What legal rights did the site have? Perhaps it was rented and the owners are now completely different people. Find out who owns the site.

Did the answer help you?YesNo

18.2. Good evening To answer your question, you need to know additional information, which you can get by contacting the Region. TsTI, Rosreestr, State Archive, Notary Chamber. Only after receiving answers from these organizations can you say whether you will receive a plot or not.

Did the answer help you?YesNo

19. A house was bought from my parents in the village in 1980 on a plot of 30 acres. There is a purchase and sale agreement and a certificate of title to the old-style plot for perpetual use; the parents demolished the old house and built a new one in 1990. Now they want to sell everything and we don’t know the procedure for processing documents for a house. Can you help?

19.1. First, you need to update all documents. Land, architecture, contact these organizations and they will help you, for starters, land (surveyors)

Did the answer help you?YesNo

20. Grandmother wants to sell a plot of land with a house. Ownership was registered before 1998 based on a court decision. Consequently, old-style documents - a certificate for land (komzemresursy) and a technical passport for the house, a court decision. There are also new cadastral passports. Tell me, is it possible to carry out a transaction using these documents or is it necessary to obtain new documents (that is, new certificates of ownership for both the house and the land), and only then formalize the sale and purchase?

20.1. I recommend that you first obtain new documents, and only then complete the transaction, in order to avoid possible suspensions of registration.

Did the answer help you?YesNo

20.2. No, not necessarily. Draw up a purchase and sale agreement in simple written form and contact Rosreestr to register ownership. To draw up an agreement, contact a lawyer or lawyer.

Did the answer help you?YesNo

We want to buy a house under the residential improvement program. conventional young family. House 1969

In the old-style land title certificate the size of the land plot is 0.33, and in documents from the village council it is 0.34.

I want to buy a dacha, but the documents are old 1995, the seller offers to write a power of attorney for me with the right to all transactions with the dacha.

I have an old-style certificate of ownership from 1994.

I want to purchase a plot of land in SNT, but the seller has old documents from 2000 or earlier.

We decided to buy a summer cottage, but there were problems with registration. The seller has only an old-style property certificate in his hands.

What to do - we came for a cadastral passport to our land plot,

This is the situation we have. There was a need to sell a summer cottage with a house,

Please, what documents are needed to draw up a purchase and sale agreement for a plot on SNT?

5 years ago, my father, the owner of the land and house, died. After death within the prescribed time frame, mother and 2 daughters (me and sister)

I have a document on the ownership of a plot in the old-style SNT and an unregistered house on the plot. How can I put all this in order and calm down?

How to register land in the name of a relative

The Family Code of the Russian Federation establishes the circle of close relatives. Such persons do not pay tax when re-registering a country house. Other citizens pay personal income tax, which is 13% of the price of the purchased house.

If a parent is going to transfer the dacha to their child, he can draw up a deed of gift.

The registration procedure can be divided into the following stages:

• collection of documents for the land plot and the house located on it in full,
• obtaining consent from the spouse to carry out such a transaction. If the property is jointly acquired, the consent must be notarized,
• drawing up a deed of gift in triplicate. You have the right to have the contract certified by a notary at your discretion, but such an obligation is not legally established. Indicate in the document that the transfer of real estate is confirmed, so as not to draw up an additional transfer and acceptance certificate,
• registration of property rights in Rosreestr,
• obtaining an extract from the Unified State Register of Real Estate.

The entire procedure will take approximately one month.

You can submit your application in the following ways:

• upon personal contact with Rosreestr,
• through the State Services portal,
• through MFC.

If the application is submitted by your representative, a power of attorney is required.

Watch the video. How to properly register a plot of land as your property:

Cost of the procedure

The amount of state duty varies depending on the intended use of land:

• if the plot provided for individual housing construction is part of the land of a settlement, then the state duty is 2000 rubles. for citizens and 22,000 rubles. for legal entities,
• if this is a summer cottage plot, or it is provided for private household plots, gardening, orchard farming, then the state duty is 350 rubles. for citizens,
• if the plot belongs to lands with agricultural purposes, then the state duty is 350 rubles,
• The state duty for registering a share in the common ownership of a plot related to agricultural land is 100 rubles.

If the plot is owned by several persons, the state duty is paid by each of them in full.

If the legal basis of the procedure is a certificate of the right to inheritance, then the state fee is divided among all heirs in proportion to their shares.

Is it possible to build a house in SNT?

According to legislative innovations, a certificate of ownership is currently not issued. The owner receives an extract from the Unified State Register of Real Estate containing all the necessary information about the property.

Such an extract is also subject to a state fee, the amounts of which are as follows:

• For a paper extract you will have to pay 400 rubles. citizens and 700 rubles. legal entities,
• For an electronic statement you will have to pay 250 rubles. citizens and 1100 rubles. legal entities.

What happens if you don’t re-register the land in time?

A careless attitude to land registration issues entails a number of negative consequences.

Please note! The ability of the property to participate in civil circulation is lost, namely:

• the plot cannot be sold,
• the plot cannot be mortgaged,
• the plot is not inherited either by law or by will.

If there are no permanent buildings located on the site, the local administration has the right to seize it and then sell it at auction. If there is a building, then the local administration retains the right to reduce the area of ​​the site. These actions are legal, since it is the municipality that is the owner of the site, the rights to which have not been re-registered.

The exception is plots that are in lifelong inheritable ownership. In this case, the plot is inherited.

Now that you know how you can re-register ownership of a plot, it will be useful to get information on how to maintain your legal rights to the plot. Remember about the three forms of ownership operating on the territory of the Russian Federation: state, private, municipal.

Do not forget that it is the right of ownership that gives you the widest range of powers with respect to real estate; you can dispose of it through entering into transactions of various kinds, actually own it and use it for your needs.

Watch the video. Donation of land:

Re-register a land plot

Modern understanding of property rights

One of the unshakable rights of an individual is the ability to own property. The land is the main asset of the power and is on its special account. Every citizen has ownership of this thing, and this reality is enshrined in the main Law of the country. It is important to focus on the fact that its ownership should not cause damage to other people, the interests of society, or negatively affect the natural and environmental indicators of the soil.

The right of ownership of a plot consists of three components, that is:

• possession – expresses physical dominance;
• disposal is nothing more than the owner’s ability to carry out any action with the plot (sell, donate, rent out for free use, etc.);
• use - a method of exploiting an allotment for the purpose of extracting resources.

Land, in the legal sense, is property that can be expressed in the following forms of ownership: state, municipal, private. The very meaning of the term “land plot” is the surface of the earth’s crust with determined lines, existing location, and directly arising rights. The property covers the surface layer, including water bodies, forests and perennial plantings located on it.