What is it for?
A household ledger is documentation that serves as primary accounting, which was formed during the Soviet period, which made it possible to reflect in its information a precedent for the emergence of citizens' rights to a land plot (LZ) and other property rights.
The responsibility for its maintenance was assigned to local governments and was initially focused on the purposes of tax accounting. The entry of data is guided by the standards established by the Order of the Ministry of Agriculture of the Russian Federation, which entered into force on October 11, 2010, No. 345. The structure of the Book and the standards for its maintenance by an authorized official of the administration of the locality are determined here. The standards are focused on the conditions of Article 8 of the Law adopted on July 7, 2003, No. 112-FZ “On personal subsidiary plots”.
Currently used as legal information, on the basis of which you can:
- confirm the allocation of the land plot to the owner or testator;
- the right to own certain property of a person or testator;
- transfer of property rights to successors;
- area of the land plot and its boundaries.
If an interested person has lost title documentation for real estate or the right to use real estate due to unlawful actions of an authorized body or third parties, an extract from the household ledger allows for the restoration of violated rights. It is submitted to the administrative authority at the location of the property. If the municipality refuses to restore the violated rights, it is attached to the statement of claim.
Extract from the household register for a land plot: sample for downloading
Storage of household ledger
The document is stored in the administration of the locality. It refers to a type of special accounting documentation, which requires its storage in a fireproof cabinet (safe).
These documents are kept along with the cash and accounting records of the village council.
Access to this documentation is given to an authorized official, determined by order of the village council or district administration of the city. Responsibility for the safety of information rests personally with the head of the local executive committee.
The right to receive an extract from the household register for a land plot
An extract from the household register for the land plot is required for the municipal authority in whose archives it is stored. Therefore, when deciding the issue of restoration of property rights through the local administration, citizens have the right to appeal to information from a designated source.
Then, to the application for restoration of property rights, the applicant attaches a request for the issuance of an extract from the household register , on the basis of which he asks to restore ownership of the plot or building.
If such a request is not attached to the application , the authorized person responsible for determining the property rights of citizens has the right to request information from the household register. On the basis of these, the right of ownership is recognized, or a refusal is issued to citizens in the form of a reasoned extract from the administrative decision.
If an extract is required to conduct an arbitration dispute, it is requested by the plaintiff or defendant on the basis of a request issued by the court. Arbitrary receipt of the indicated information from third parties is not permitted. When requesting an extract you must:
- presence of motivating reasons;
- submitting an application to the administration;
- request from the court.
In this case, the document is issued only to the owner of the property or the copyright holder restoring his own property rights. And also - an attorney acting in the interests of the property owner on the basis of a notarized power of attorney.
Extract from the household register for a land plot: form form
Every landowner should know what is allowed to be used on land:
- for running personal farming;
- DNP, DNT and SNT (read more about SNT here);
- agricultural purposes.
It’s also worth knowing how to transfer memory from one category to another.
The land register sheet allocated for a plot consists of three parts:
- header
- inventory list with all cadastral parameters (community boundaries, communal land number, communal land plot number, size and method of use)
- three sections (owners and method of acquiring the site; encumbrances and restrictions; pledge)
A separate land file contains evidence and court documents on the basis of which changes were made to the land register.
The land register records all rights to a land plot. A separate sheet is created for each of them. In total, 61.3 million plots are registered in the land registers of Germany.
State land plots that are not in circulation are not required to be included in the land register, unlike the cadastre.
All contracts regarding real estate are subject to notarization in Germany (with the exception of mortgages, when only signatures are certified).
Information from real estate registers in Germany is non-public. Only the Ministry of Justice, representatives of municipalities when contacting the Department directly, as well as the owner, who gets acquainted with the records without printing them, have the right to free access to information.
Any person who has confirmed a legitimate interest in accessing information about a specific plot of land can obtain an extract from the Land Register (including the address of the property) in accordance with § 12 of the Regulations on the procedure for maintaining Land Registers (Grundbuchordnung). Representatives of certain professions (for example, notaries) are exempt from the obligation to justify their interest in obtaining information from the land register. Other applicants must provide the relevant Land Office with a justification for the need to obtain information from the Land Register.
The information provided by the applicant is checked by department employees in each specific case for possible violation of the interests of the owner of the land plot by providing the applicant with certain data. The creditor of a person recorded in the Land Register as the owner of a property has a legitimate interest in obtaining an extract from the Land Register if he provides specific information about the possible foreclosure of the debtor’s real estate as part of enforcement proceedings (even in cases where the creditor still has the there is no writ of execution). The position of judicial practice is that a legitimate interest is present if the applicant presents to the Land Office convincing arguments of his interest in obtaining information from the Land Register. The actual or economic interest of the applicant may also be sufficient if the justification provided by him makes it possible to exclude that the applicant is pursuing illegal goals or is guided by simple curiosity.
You can receive an extract from the Land Register in three ways: an online request within the framework of automated access, during a personal visit to the Land Office, or by mail in a simple form or certified by the department.
Geodetic engineers carrying out cadastral work undergo strict selection and receive a special certificate.
Objectives of cadastral registration in Germany: determination and establishment of ownership rights to individual plots; providing legal guarantees of property rights; registration of encumbrances.
Document overview
The issue of entering into the State Real Estate Cadastre (GKN) information about a land plot provided before the entry into force of the Land Code of the Russian Federation, including for personal subsidiary plots, on the right of ownership, lifelong inheritable possession or permanent (perpetual) use.
If the source of information is a household ledger, then the data is entered into the State Property Register on the basis of an extract from it.
Regarding the extract from the land register, it is indicated that it cannot be a document establishing or certifying a citizen’s right to a land plot, and the basis for including information about a previously registered object in the State Property Code.
The land cord book is more important than the constitution
Ambiguous evidence of land rights
Currently, the protection of rights to land plots provided for personal subsidiary farming is impossible without referring to household and land cord books. In court decisions they are referred to as a carrier of information about the subject and object of law or about the characteristics of such an object. Despite the importance of these books and extracts from them in the process of protecting rights to land plots, judges and lawyers often have a rather vague idea of their nature, content and even name.
Household book
Sometimes in judicial acts, legal literature, and on legal forums, a land cord book is incorrectly called a land cord book, simply a cord book, or even a land cord book; the household book is called non-household book.
Paragraph 3 of the Resolution of the Council of People's Commissars of the USSR dated January 26, 1934 No. 185 “On primary accounting in rural councils” obliged the councils of people's commissars of the union and autonomous republics, regional and regional executive committees to introduce forms of primary accounting no later than April 1, 1934. The primary accounting forms approved on the basis of this Resolution became official documents of village councils and had to be maintained in strict accordance with the instructions of the Central Directorate of Economic Accounting of the State Planning Committee of the USSR. Moreover, separate books were introduced for collective farmers and individual farmers.
At the legal level, maintaining household books was enshrined in Art. 11 of the Law of the RSFSR of July 19, 1968 “On the township and rural Council of People’s Deputies.” The new form of the book was introduced by Decree of the USSR State Statistics Committee of December 5, 1989 No. 219, and after some time the same body issued Decree No. 69 on May 25, 1990 “On approval of instructions for maintaining household records in rural councils of people’s deputies.” According to paragraph 18 of the Resolution in the book of form No. 1, section IV “A” “Land in the personal use of the farm”, for each farm the entire land area allocated to the farm in the prescribed manner for a personal plot, a service land plot, as well as provided to peasant farms. The last “bookmark” of land records in the USSR occurred at the end of 1990. Entries were made in them from January 1 to January 15, 1991 (Order of the Council of Ministers of the RSFSR dated March 16, 1990 No. 294-r “On household books of rural Soviet accounting”) and until December 1995 inclusive, considering that they were “laid down” once every five years .
With the beginning of the agrarian reform, the Procedure for the issuance and registration of certificates of land ownership, approved. Roskomzem on May 20, 1992, explained that the basis for the privatization of land plots allocated earlier were: state acts, decisions of the relevant authorities on the provision of land plots, and in their absence - land records and household books. Land registers received legislative support at the federal level in Art. 8 of the Federal Law of 07.07.2003 No. 112-FZ “On personal subsidiary plots”: registration of personal subsidiary plots is carried out in household books maintained by local governments of settlements and urban districts. Currently, the mandatory form of extract from the household ledger is approved by Order of the Federal Registration Service dated August 29, 2006 No. 146.
