Filatova Tamara (04/13/2012 at 02:25:27) Hello! The procedure for registering and removing a land plot from cadastral registration is regulated by the provisions of the Federal Law “On the State Cadastre” (hereinafter referred to as the Law). In accordance with Art. 2 of the Law, deregistration of a property is carried out on the basis of an application for cadastral registration and the documents required in accordance with the Law for such registration, submitted by the applicant or submitted in the manner of interdepartmental information interaction. The form of this application is established by the regulatory body in the field of cadastral relations. According to paragraph..4. Art.
The status of a land plot has been deregistered: what does this mean?
In order for the plot not to become “cancelled”, it is necessary to register the rights to this plot within two years from the date of cadastral registration. In this case, the site will acquire the status of “registered”.
Info
If this does not happen within the specified period, then the process of registering the site will have to start all over again, and this procedure will take time and a considerable budget for collecting and preparing documents.
However, the status “temporary” does not always change to “cancelled” due to the lack of registered ownership rights or lease of the site. The owner of the plot can submit an application with a request to deregister the land plot, after which it will also acquire the status of “cancelled”. Canceled or deregistered. There are situations when, when studying land documents, you come across records with the status “canceled” or “deregistered”.
How to remove a property from the cadastral register?
- Contact the nearest MFC that provides state and municipal services.
- Send the notarized documentation by mail, making sure to provide an inventory of the enclosed documents and a notification of delivery of the postal item to the employees of the Cadastral Chamber located at the location of the ceased-to-exist real estate property.
- After submitting the application, you can independently monitor the result of consideration of the submitted documents using the electronic service “Checking the status of the request”, posted on the Rosreestr website. It is possible to find out the status of the application using the specified service, regardless of the chosen method of submitting documentation. When a request to deregister a property is received by employees of the cadastral authority, it is registered on the same day.
If, after one year from the date of registration of the land plot, state registration of the right to it has not been carried out within two years (or state registration of the lease has not been carried out), such information is canceled and excluded from the state real estate cadastre. In this case, the cadastral registration body, no later than the working day following the day of exclusion of such information from the state real estate cadastre, sends, in accordance with the procedure established by the regulatory body in the field of cadastral relations, the documents submitted along with the application for cadastral registration of this property, as specified in this application to the postal address.. By virtue of clause 5 of Art.
The procedure for removing a land plot from cadastral registration
It would be naive to assume that simply at the request of the owner (and in most cases the land registered in the cadastral register is owned) the information contained in the database can be withdrawn. Grounds The law provides for several cases when a registered plot of land is removed from the cadastral register.
Attention
Let's list them:
- Loss of the site as a whole. It ceases to exist because several sections (including the one indicated) are merged into one.
There is another reason: the division between heirs (or for other reasons) of one plot into several.
- The new plot must be registered in the cadastral register and assigned a new unique number. Registration of a newly formed site has its own nuances.
Reasons for removal
You won’t be able to simply come and remove a property registered in the cadastral register. There are good reasons for this:
- destruction of real estate (for example, burned down);
- consolidation of a communal apartment (rooms that will be combined into one apartment are removed from the register);
- combining several land plots into one (land plots that will be merged into one are deregistered);
- dividing a large plot of land into several plots (a large plot is deregistered);
- merging several buildings into one (buildings that are being combined are removed from the register);
- division of one building into several (a building that is divided into several is removed from the register).
You may be interested in an article on how to find a land plot by cadastral number. How to obtain a cadastral passport of a land plot, read this article.
The owner of the property or the owner of the land on which the property is located can remove an object from cadastral registration.
Without an application from the owner, real estate can be deregistered only on the basis of a court decision.
What to do if a land plot is removed from the cadastral register?
They relate to the land surveying procedure and clarification of the boundaries of the site.
This document is drawn up and submitted by the owner himself, or his representative by proxy. The application is completed at the local branch of Rosreestr, at the address of the land plot.
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Important
Rosreestr. Another option is a multifunctional center (MFC). The centers are more suitable for those who can only visit institutions outside of working hours.
The MFC usually has a different daily routine from the work of government agencies. In addition, the centers are open on one of the weekends. Documents In 2020, the following documents are required in order for a site to be deregistered:
- application for deregistration;
- applicant's passport;
- documents that confirm the applicant’s rights to the site: Certificate of ownership, extract from the Unified State Register of Real Estate;
- title documents;
- receipt of payment of state duty (about 2500 rubles);
- an act of inspection of the allotment in the case where the cause was a man-made or natural disaster.
An employee of Rosreestr takes copies and originals of documents and informs about the timing of the procedure.
What does Suspension of Cadastral Registration mean for a Land Plot “Archival”
To register ownership, a country house or garden house is registered in the cadastral register on the basis of a technical plan. Now you can simultaneously submit an application for cadastral registration within 2 weeks and register ownership of real estate.
Cadastral registration is carried out by Rosreestr registrars; previously this function was performed by the cadastral chamber. Important: Until January 1 of the year, it was possible to register a residential or non-residential property on agricultural land in a simplified manner using a declaration.
Real estate documents issued before January 31 of the year indicate that the real estate is not included in the unified state real estate register of the Unified State Register of Real Estate.
Such documents include an extract from the household register, archival copies, a certificate of inheritance, an old purchase and sale agreement, donations or exchanges, etc.
VIDEO ON THE TOPIC: Removed from cadastral registration. No site. There is evidence. No rights.
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- Question answer
- Cadastral disputes
- Suspension of state cadastral registration
- Land status
- Ministry of Economic Development of Russia
- Registration of ownership of real estate
- How to obtain copies of documents from the archives of the Cadastral Chamber
- What does Suspension of Cadastral Registration mean for a Land Plot “Archival”
Question answer
The Real Estate Department of the Ministry of Economic Development of Russia further - the Real Estate Department has considered the appeal received on the portal of the Ministry of Economic Development of Russia and reports.
In accordance with the Regulations on the Ministry of Economic Development of the Russian Federation, approved by the Decree of the Government of the Russian Federation dated June 5.
In addition, the information contained in the appeal, including the cadastral numbers of land plots, is not enough to prepare a substantive answer. At the same time, we believe it is possible to note the following regarding the issue raised in the appeal.
In accordance with Part 4 of Article 24 of the Federal Law of July 24
Such information loses its temporary nature from the date of state registration of the right to the formed real estate object or other moment from which the right to the formed real estate object is considered to have arisen.
Based on the provisions of paragraph 53 of the Procedure for maintaining the state real estate cadastre, approved by order of the Ministry of Economic Development of Russia dated February 4, an exception to this rule is the formation of land plots from lands owned by the state before its delimitation.
In this case, the basis for changing the status of cadastral information is the receipt of documents on registered property rights to at least one of the formed land plots.
The problem indicated in your appeal requires additional regulatory regulation, including amendments to the Cadastre Law, and will be taken into account by the Real Estate Department when improving legislation.
Regular version of the AA A website. Russian English. page.
About the ministry. Appeals from citizens. Director of the Real Estate Department A. Return to the list. Ministry of Economic Development of the Russian Federation Ministry of Economic Development of Russia. Form of appeals and procedure for their consideration Public reception Personal reception of citizens Answers to questions Written appeals Archival requests. Krasnaya Presnya, building 3, bldg.
Cadastral disputes
Previously registered, according to the norms of the law, is a land plot, the registration of which was made before the entry into force of the new law, or the rights of ownership, use, development rights, leases for which arose and were registered before March 1 of the year, but cadastral registration was carried out was not. To the chagrin of owners of previously registered land plots, it should be said that if there is a need to deregister such a property, problems arise no less than when entering information. And even much more. After all, such a procedure is not provided for by the legislator.
Regular version aa a. Pictures off Standard settings.
Rosreestr of Tatarstan held a Unified Day of Consultations throughout the republic. Tatarstan residents who came to the EDC were advised by representatives of Rosreestr of Tatarstan, the Cadastral Chamber, Executive Committees, the tax service, as well as the self-regulatory organization of cadastral engineers. In total, almost Tatarstan residents were consulted as part of the EBC.
The Single Day of Consultations is not the only opportunity to receive qualified assistance on real estate registration issues.
The essence of this service is that any citizen with access to the Internet, without leaving home or leaving his workplace, can take part in a video reception and ask questions that concern him in real time.
Suspension of state cadastral registration
The Real Estate Department of the Ministry of Economic Development of Russia further - the Real Estate Department has considered the appeal received on the portal of the Ministry of Economic Development of Russia and reports. In accordance with the Regulations on the Ministry of Economic Development of the Russian Federation, approved by the Decree of the Government of the Russian Federation dated June 5.
In addition, the information contained in the appeal, including the cadastral numbers of land plots, is not enough to prepare a substantive response. At the same time, we believe it is possible to note the following regarding the issue raised in the appeal. In accordance with Part 4 of Article 24 of the Federal Law of July 24
Such information loses its temporary nature from the date of state registration of the right to the formed real estate object or other moment from which the right to the formed real estate object is considered to have arisen. Based on the provisions of paragraph 53 of the Procedure for maintaining the state real estate cadastre, approved by order of the Ministry of Economic Development of Russia dated February 4,
An exception to this rule is the formation of land plots from lands that were in state ownership before its delimitation. In this case, the basis for changing the status of cadastral information is the receipt of documents on registered property rights to at least one of the formed land plots.
The problem indicated in your appeal requires additional regulatory regulation, including amendments to the Cadastre Law, and will be taken into account by the Real Estate Department when improving legislation.
Land status
Switch to English registration. Phone or email. Another's computer. Cadastral Chamber for the Chelyabinsk Region. View topic 1
Citizens and legal entities often need copies of documents to conduct real estate transactions, to confirm rights to it and for other real estate transactions.
Cadastre is a qualitative and quantitative recording of real estate. By real estate we mean a building, structure, premises, or land. Boundary plan is a document on the basis of which information about the main characteristics of a land plot is entered into the State Register of Real Estate.
Ministry of Economic Development of Russia
In accordance with Part 10 of Article 4 of the Federal Law of July 24. In accordance with the Federal Law of July 24.
N Federal Law “On the State Real Estate Cadastre” 1 hereinafter – the State Real Estate Cadastre Law hereinafter – the State Property Committee is a systematized set of information about real estate, about the passage of the State border of the Russian Federation, about the boundaries between the subjects of the Russian Federation, the boundaries of municipalities, the boundaries of settlements, about territorial zones, zones with special conditions for the use of territories, about the geodetic and cartographic basis of the State Property Committee and the cadastral division of the territory of the Russian Federation, hereinafter referred to as cadastral information and consists of sections containing such information:. The procedure for maintaining the state real estate cadastre below - The procedure establishes the structure, composition of cadastral information and the rules for entering cadastral information into the Register of Real Estate, as well as the structure, composition and rules for conducting cadastral affairs.
WATCH THE VIDEO ON THE TOPIC: Removal from cadastral registration is a violation of the constitution.
Any reason that directly or indirectly indicates a violation of legal requirements, including during cadastral work, may be considered grounds for suspension of registration of property rights.
Registration of a land plot for cadastral registration is a procedure carried out according to certain rules and on the basis of data received from a cadastral engineer. Sometimes, instead of the planned cadastral registration of a land plot, the applicant receives a decision to suspend cadastral registration.
The grounds for suspension of cadastral registration when carrying out state cadastral registration of a land plot are provided for by law. It is important to understand that the basis for the suspension, that is, its reason, must be eliminated.
This means that if the reasons for the suspension are eliminated before the expiration of the period specified in the notification, the state cadastral registration of the property will be resumed as soon as possible.
Registration of ownership of real estate
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Thus, cadastral disputes are not only land disputes, as archival cadastral plans of a land plot help resolve cadastral registration, which became possible only after the suspension.
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How to obtain copies of documents from the archives of the Cadastral Chamber
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Source: https://abazis.ru/byudzhetnoe-pravo/chto-oznachaet-priostanovka-kadastrovogo-ucheta-zemelniy-uchastok-arhivniy.php
The land plot has been removed from the cadastral register, what does this mean?
In addition, a land plot can receive this status at the request of the owner. If the status “cancelled” concerned situations where the right of ownership was not registered, then the status “deregistered” indicates the cessation of the existence of the site as a land plot or its transformation.
- application for deregistration;
- applicant's passport;
- documents that confirm the applicant’s rights to the site: Certificate of ownership, extract from the Unified State Register of Real Estate;
- title documents;
- receipt of payment of state duty (about 2500 rubles);
- an act of inspection of the allotment in the case where the cause was a man-made or natural disaster.
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I was faced with the problem of registering a residential building on a land plot. As they told me over the phone, this issue can only be resolved in court. The city company “Cadastral Engineer” gladly offered me help in resolving this issue.
After consulting with experienced specialists, I collected all the necessary documents and handed them over to the specialists. After receiving the interim results, a lawyer contacted me, with whom we later went to court. I was afraid that nothing would work out and that I would have to demolish our house. After all the work, they handed me the finished document.
I couldn't believe my own eyes! I would like to express my deep gratitude to the specialists of the Cadastral Engineer company for the work done!
You leave a request and come to our office to conclude an agreement. If it is inconvenient for you to go to the office, then we agree on the cost over the phone, and our specialist arrives at the work site with a contract.
Suspension of cadastral registration of a land plot
Previously, when there were two separate registers (Unified State Register and State Register), it was necessary to register it before registering the right to a land plot.
In accordance with Law No. 218-FZ, according to which the databases of both registers were combined in one USRN, the owner was able to register his property and register ownership at the same time.
This approach simplifies the process and reduces registration time. As a result, the applicant is issued an extract from the Unified State Register of Real Estate, which contains generalized information about the site.
For most cases, this period is limited to 3 months. To eliminate some causes, different deadlines are given. For example, 1 month is given to wait for the receipt of delayed documents. In the event of a trial regarding the right to land plot, the suspension of registration may last until the court makes its decision.
Suspension of cadastral registration of a land plot - how it works
If a decision is made to suspend cadastral registration, the reasons for this situation are determined and stated. This may be an error in the documentation or data from the state real estate cadastre. The decision reflects the deficiencies found and provides recommendations for eliminating them. For example, if there are not enough papers in the transferred package, a list of missing documentation is indicated.
4. The decision on suspension must contain the reason for the suspension of cadastral registration with a mandatory reference to the relevant provisions of part 2 of this article.
If such a decision is made in accordance with paragraph 1, 2, 3, 5, 6 or 7 of part 2 of this article, it shall indicate the circumstances that served as the basis for its adoption, as well as the possible causes of these circumstances identified by the cadastral registration authority and recommendations for eliminating given reasons. If the decision on suspension is made in accordance with paragraph 4 of part 2 of this article, such a decision must contain an indication of all documents that are missing and that must be submitted for the implementation of the appropriate cadastral registration. If such a decision is made on the basis of paragraph 5 of part 2 of this article, it must also contain recommendations for finalizing the submitted documents.
Archival status of the land plot
If the plot has not undergone the procedure of cadastral work (land surveying), then the land plot will be taken into account in the State Property Committee without boundaries. To enter information about the boundaries, it is necessary to carry out cadastral work in relation to the previously registered land plot. What document is used to individualize the land plot. Is it possible to claim rights to a land plot without this document?
The cadastral passport and cadastral extract contain the entry “Nature of state cadastral registration information (status of land plot registration).” Land registration statuses can be “temporary”, “registered”, “previously recorded”, “archived” or “cancelled”. And each one carries certain information about the land plot.
Registration of a land plot for cadastral registration
In relation to a plot not included in the cadastre, transactions for its transfer are not allowed. Such property can be disposed of only after registration in the cadastral register. By carrying out this procedure, the site is legitimized, that is, its boundaries are officially recorded. It allows you to avoid disputes and litigation with neighbors.
- Claimed and previously registered rights are in conflict.
- The copyright holder indicated in the application does not have the right to the land plot or the authority to dispose of it.
- The application was submitted by a person who does not have the right to do so.
- The applicant has not submitted all the necessary documents.
- No documents were received in response to interdepartmental requests.
- The documents are not authentic or contain false information.
- Documents were signed by unauthorized persons.
- The documents do not comply with legal requirements in content or form.
- The act of a state body or local government body, on the basis of which cadastral registration is carried out, was issued in violation of the powers of the body or official.
- The plot is not an object that can be registered in the cadastral register.
- The boundaries of the plot referred to in the application intersect with the boundaries of the plot that has already been registered in the cadastral register.
- The boundaries of the site that is being formed intersect with the boundaries of forest parks, forest districts or territorial zones.
- The boundaries of the site cross the boundaries of the populated area.
- The size of the lot after its formation or conversion will not correspond to the maximum or minimum size established by law.
- The area of the plot, which is allocated from the common property, differs by more than 10% from that indicated in the land surveying project.
- The area of land, compared to the data already contained in the register, changes by more than the size of the minimum plot or by more than 10%.
- Access to the site for which the application has been submitted is not provided from public areas.
- Violations were discovered in accordance with the approval process when establishing the boundaries of the site.
- Objections were received regarding the boundaries of the site, which is allocated from the common property.
- The area of the site or the position of its boundaries are not determined by the formation of the site or the clarification of the boundaries.
- The validity period of the decision that approved the layout of the site on the cadastral plan, or the decision to approve the design documentation, has expired.
- The plots from which the new one is formed belong to different categories of land.
- A court decision or an act of a government body has been received to seize the plot, place it in collateral, or prohibit the performance of certain actions with it.
Source: https://lawcapital.ru/test_category/chto-oznachaet-priostanovka-kadastrovogo-ucheta-zemelnyj-uchastok-arhivnyj
The Cadastral Chamber of the Altai Territory is protecting property rights!
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And each one carries certain information about the land plot. When and under what conditions does the status of a land plot change? Federal Law No. When registering a property, information about it was entered into the state real estate cadastre of the State Property Committee as temporary.
In order for them to cease to be temporary, rights or restrictions on the encumbrance of rights to it, for example, a lease on such a property, must be registered.
The period during which the registration of the right must be completed is 5 years from the date of registration of the land plot in the cadastral register.
After which the entire process of registering it with cadastral registration will have to begin again. If the plot has not undergone the cadastral surveying procedure, then the land plot will be taken into account in the State Property Committee without boundaries.
To enter information about boundaries, it is necessary to carry out cadastral work in relation to the previously registered land plot. How to check the status of a land plot? The status of a land plot is easy to find out. It contains all the information about land plots contained in the State Property Committee.
Technology of state cadastral registration of real estate objects
In accordance with Part 10 of Article 4 of the Federal Law of July 24. In accordance with the Federal Law of July 24.
N Federal Law “On the State Real Estate Cadastre” 1 hereinafter – the State Real Estate Cadastre Law hereinafter – the State Property Committee is a systematized set of information about real estate, about the passage of the State border of the Russian Federation, about the boundaries between the subjects of the Russian Federation, the boundaries of municipalities, the boundaries of settlements, about territorial zones, zones with special conditions for the use of territories, about the geodetic and cartographic basis of the State Property Committee and the cadastral division of the territory of the Russian Federation, hereinafter referred to as cadastral information and consists of sections containing such information:. The procedure for maintaining the state real estate cadastre below - The procedure establishes the structure, composition of cadastral information and the rules for entering cadastral information into the Register of Real Estate, as well as the structure, composition and rules for conducting cadastral affairs. The procedure does not apply to linear structures and the like located on the territory of more than one cadastral district.
Any reason that directly or indirectly indicates a violation of legal requirements, including during cadastral work, may be considered grounds for suspension of registration of property rights.
Registration of a land plot for cadastral registration is a procedure carried out according to certain rules and on the basis of data received from a cadastral engineer.
Sometimes, instead of the planned cadastral registration of a land plot, the applicant receives a decision to suspend cadastral registration.
Previously registered, according to the norms of the law, is a land plot, the registration of which was made before the entry into force of the new law, or the rights of ownership, use, development rights, leases for which arose and were registered before March 1 of the year, but cadastral registration was carried out was not. To the chagrin of owners of previously registered land plots, it should be said that if there is a need to deregister such a property, problems arise no less than when entering information. And even much more. After all, such a procedure is not provided for by the legislator. Personally, the owner or a person acting on his behalf under a notarized power of attorney applies to the cadastral chamber, attaching the necessary documents. The application indicates the basis for deregistration of the land plot, as well as the number of required copies of the decision.
What is temporary cadastral registration of a land plot?
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Thus, cadastral disputes are not only land disputes, as archival cadastral plans of a land plot help resolve cadastral registration, which became possible only after the suspension.
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Land plot status: deregistered
Deadlines Consideration of the application and documents attached to it lasts by law 18 calendar days. It is during this time that if the result is positive, all information about the site should be excluded from Rosreestr. If a site inspection report is required among the documents, then you need to add a few more days, since the report is drawn up only with the participation of a cadastral engineer. If the procedure is carried out by court decision, then the deadlines are different.
It will take approximately 2-3 months, depending on the situation. But in this case, only 2 documents will be required: an application and a court decision, where there is a mark on entry into force.
Consequences After deregistration of a plot, it ceases to exist as a unit of real estate that was registered with Rosreestr. Thus, ownership of this plot cannot be registered.
Olga Bregnova | Judicial protection | 03/20/2018 21:50 0 Comments
How to remove a land plot from the state cadastral register based on a court decision
An application for implementation, on the basis of a court decision, of state cadastral registration (in terms of deregistration of a land plot) and state registration of rights (in terms of termination of rights) can be submitted by an interested person, including the plaintiff or defendant, or persons acting on their behalf on based on a notarized power of attorney.
Let's say that a real estate object, the rights to which are registered in accordance with the procedure established by law, has ceased to exist. This means that state registration of termination of the right is simultaneously required in relation to it. To do this, you need to submit the relevant documents to the rights registration authority in the manner prescribed by law. The grounds for this are, among other things, judicial acts that have entered into legal force.
