Who can recognize a land plot as ownerless? Lawyer Zhmurko Svetlana Evgenievna

How to register ownership of an ownerless land plot?

First, you should try to find heirs. And if they confirm the fact of abandonment of the land, then you can conclude a peace agreement in a notarial manner or receive an official power of attorney on their behalf to perform certain actions.

First of all, it is worth signing a preliminary purchase and sale agreement for a specific land plot. It specifies the rights and obligations of persons involved in the registration of a specific property

.
To avoid possible adverse consequences in the future, it is recommended to formalize an agreement of this kind in a notarial manner. At the same time, you can also request a certificate of acceptance of the inheritance from the notary, even if all the deadlines have long expired
. But this is only on condition that the site will be used for its intended purpose.

If it is no longer possible to obtain this document, then this issue will need to be resolved in court. By contacting our leading specialists, you will receive qualified advice on how to register an ownerless plot of land as your property, as well as get assistance in registering
according to the Land Code of the Russian Federation.

https://www.youtube.com/watch?v=28-DuUhUmbE

How to register ownership of a vacant plot of land?

In accordance with Art. 225 of the Civil Code of the Russian Federation, ownerless is a thing that does not have an owner or the owner of which is unknown or, unless otherwise provided by law, the right of ownership to which the owner has refused

. Ownerless real estate is accepted for registration by the body that carries out state registration of rights to real estate, upon application from the local government body in whose territory they are located.

After a year has passed from the date of registration of an ownerless immovable property, the body authorized to manage municipal property may apply to the court with a request to recognize the right of municipal ownership of this thing.

An ownerless immovable property, not recognized by a court decision as having come into municipal ownership, may be again taken into possession, use and disposal by the owner who abandoned it, or acquired into ownership by virtue of acquisitive prescription.

Thus, it is possible to acquire ownership of such a plot after 18 years of open ownership of the plot (15 years + 3 years of limitation) by filing a claim in court for recognition of ownership of the garden plot due to acquisitive prescription.

As you can see, it will take a lot of time when it comes to property rights. Moreover, you will have to prove that you owned such land in good faith, openly and continuously for 15 years, i.e.

looked after him, covered all the necessary expenses, etc.

However, there is no guarantee that the owner of the plot or his legal successors will not appear.

In any case, first find out who the owner is and whether there is one at all. If not and the site is registered, i.e.

. it has been assigned a cadastral number, then you can contact the local administration with an application to transfer such a plot to you for use (indefinite or lease), possibly for ownership, it all depends on the interest of the administration.

If there is no owner or it is impossible to identify him, but the plot is not registered in the cadastre, then you can begin to own it, and then, as indicated above, recognize ownership through the court.

Abandoned dacha. How to register ownership of an abandoned land plot?

What do you need to know when registering an abandoned plot of land as your property?

It is important to know that even if the owners of the plot of interest to you have not been found or the land is in an abandoned state, which allows you to think about the absence of owners, this does not mean that anyone can occupy this territory. All land that is not privately owned is owned by the state. Thus, before seizing such areas, request permission from the government authorities in charge of these territories. Begin the process of legitimizing your rights to an abandoned plot of land by looking for evidence that the land is free from claims by others. For this purpose, contact the Federal Reserve Service with a request to provide information on the area of interest to you. If you are given a document confirming the absence of owners of the land, the next step should be to prepare an application to the municipality with a request to consider the possibility of providing you with a plot of land as your own or on a lease basis. As a rule, abandoned plots are sold through auctions. Thus, after issuing preliminary permission for the possibility of purchasing an abandoned plot, the authorized body will organize an auction in which any person interested in purchasing the land can take part. According to the rules for holding relevant auctions, the government agency will determine the starting price of the land plot. Accordingly, the citizen or organization that offers the maximum price for the plot becomes its potential owner.

How to register ownership of an abandoned land plot?

To legitimize rights to a land plot that, at first glance, seems abandoned, start by finding its real owner. If the owner of the land is found and you manage to persuade him to sell, then the procedure for registering ownership of the plot takes place in the standard mode, according to the principle of purchase and sale. If there are no legal owners of the land (there is confirmation from the Federal Reserve Service), contact the local administration with a request to organize an auction for the purchase of the ownerless territory. If the participant manages to win the auction, the authorized government body prepares the appropriate documentation, on the basis of which the winning bidder will be able to register his rights to the land in the Rosreestr service.

How to find the owner of an abandoned plot?

To be able to purchase an abandoned plot of land, first try to find as much information as possible about it. In this case, you need to find out who owns the land you are interested in. For this purpose, make a request to provide an extract from the Unified State Register to the Rosreestr service or to the MFC. Pay the state fee in advance in the amount of 200 rubles for registration actions according to the details indicated on the information stand (information on the procedure for transferring the state fee can also be found on the official website of Rosreestr). The extract will be provided no later than 5 days from the date of application.

How to register an abandoned land plot if it is municipal property?

If the site is owned by the municipality, it can only be purchased through an auction. The winner is the bidder who offers the highest price for a plot of land. An agreement is concluded with him on the transfer of ownership of the site. If only a single participant has expressed a desire to buy the land, then in this case no bidding is held and an agreement is concluded with the applicant.

How to register an abandoned plot as property by acquisitive prescription?

If the actions aimed at finding the owner of the plot are unsuccessful, then in this case the current legislation provides for a special procedure for the possibility of acquiring the plot. Ownership of an abandoned plot can be obtained by virtue of the so-called acquisitive prescription. This basis for purchasing a plot provides for the fact that the land plot was cultivated by the applicant for its acquisition for a long period of time (more than 15 years). And over the years, none of the legal owners have declared their rights. Thus, a bona fide user of the site has the opportunity to legalize his rights to the land. The main condition for such an acquisition is continuous care of the land for at least 15 years. An important factor in this case is the openness of the use of the land plot; this fact should not be hidden from anyone.

How to calculate the period of acquisitive limitation?

The acquisitive limitation period begins to run after the end of the limitation period of 3 years. During this time, the legal owners (heirs of the owners) can declare their rights to the site. If this circumstance occurs, the plot must be immediately returned to the owner. If the owner does not show up within the period specified by law, you can submit an official appeal to the local administration with a request to provide ownership of the plot of land that you have been cultivating for a long time. In most cases, the right to own a plot under such circumstances has to be defended in court. For the court, prepare all the evidence at your disposal of conscientious cultivation of the land. A positive outcome will depend on how convincing the evidence you present is. For these purposes, enlist the support of neighbors who can confirm the fact that the land has been cultivated for a long time (at least 15 years).

The procedure for registering ownership of an abandoned land plot.

Notify the municipal authority that you want to become the owner of an ownerless plot of land. Please attach an extract from Rosreestr to your application confirming the absence of legal owners of the land. After a land plot is recognized as ownerless, the municipality must carry out work to register this plot with the cadastral service.

You must then wait a year before beginning the land title process to allow the rightful owners to claim their rights to the land.

After 12 months, the local administration submits a petition to the court with a request to recognize the site as ownerless and transfer it into the possession of an authorized government body. In the future, the municipality has the right to put the site up for auction, giving the winner the right to lease the land.

Then, in the process of faithfully fulfilling lease obligations, submit an application to the municipality about the possibility of purchasing the land plot without holding a tender. The legislation gives a period of no more than a month for consideration of such requests.

Submit an application to the administration to purchase the land before the expiration of the lease agreement. Otherwise, the plot will be sold through auction.

After receiving a response from the authorized government agency regarding preliminary permission to purchase the site, initiate the land surveying procedure. For this purpose, enter into an agreement with a land management organization that has permission to carry out such work.

The next stage in the registration of a land plot will be the coordination of boundaries with the owners of neighboring territories. Formalize the agreements reached into an official agreement with your neighbors and submit this document to the engineer of the geodetic company . The result of the land delimitation procedure will be the issuance of a land survey plan to the applicant.

Based on the results of boundary work, register the land plot with the cadastral service.

Cadastral registration and registration of property rights can be carried out in parallel on the basis of an application.

Application for the provision of land ownership.

When filling out the application form, be sure to provide the following information:

The name of the authorized body whose competence includes registration of ownership of real estate;
Technical characteristics of the land plot (location, cadastral registration number of the plot, etc.);
Handwritten signature and date of filling out the application;
List of documents attached to the application.

As a rule, registration actions are carried out no later than 20 days.

Documents for registration of ownership of an abandoned land plot.

To legalize rights to a land plot, collect a package of the following documents:

An official appeal about the need to register property rights;
A document confirming payment of the state fee for registration actions;
Cadastral registration passport;
Land survey plan.

The above documents are accepted only upon presentation of a passport. If you submit an application through a representative, do not forget to legalize his rights with a notarized power of attorney.

Registration of ownership of an abandoned land plot through the court.

The ownership of a plot whose owners have not been identified is formalized in court if it is obtained by virtue of acquisitive prescription. During the court hearing, you must prove that you have been conscientiously cultivating the land for 15 years and there are witnesses to this fact. The use of the land must be open and continuous. If the cultivation of the land occurred sporadically, then the applicant does not have the right to count on receiving the plot within the framework of acquisitive prescription. Conscientious care of the land, in addition to cultivation, also means the safety of property (installation of fencing) and maintenance of the site (material costs). The facts of care for the land must be confirmed in court. These may be receipts for payment of tax fees, certificates of work performed confirming the installation of fencing, as well as other documents that are evidence of careful treatment of the land. If there are strong arguments, the court will make a decision in favor of the applicant for the land plot.

(Land surveying, Technical plans, Technical inventory, Survey reports, Land management work, Legal support

Instructions: how to register a plot of land as your property

If a representative will act on your behalf, then his passport and certified power of attorney.

Come with all the documents to Rosreestr and fill out an application for registration
of property rights there.
If they provide it for a fee, they will send you a sales contract.
Take an extract from the cadastral plan.
Contact the authority that owns the site with an application (they will provide the form).
Receive a written decision from them after 2 weeks (on providing the site for free, or for a fee, or on refusal).

How to register an abandoned land plot as property

ZK RF);

Lands located under military facilities or facilities related to the Armed Forces of the Russian Federation and other military formations, as well as military courts;
Lands located under objects that belong to various government agencies;
Cemetery lands;
Public lands;
Lands from the forest and water resources, also related to specially protected sites, etc.

The procedure for registering ownership of a land (dacha) plot after purchase in 2020 After signing a contract for the sale and purchase of a land plot, it is necessary to carry out state registration of the right to this plot of land. To do this, you need to submit the following list of documents to the Rosreestr office that is geographically related to the address of your land plot:

Statement.

Annexation of land from municipal property, personal experience

To do this, I wrote an application to the local Administration with a request to provide me with an Extract from the PZZ for a specific plot of 10 acres with a specific cadastral number and the adjacent plot.

I attached a printout from the Rosreestr Public Map with my drawings to the application. Every realtor must be able to work with the Public Cadastral Map.

Exactly 30 days later, I received an official response with diagrams, from which I understood that the land I was claiming was absolutely free and I could begin the registration procedure.

Nobody likes abandoned plots of land - the chairmen of the SNT, since their owner cannot be found to pay membership fees, and the neighbors - since the grass is not cut and the weeds spread throughout the area.

The most effective way to deal with abandoned land plots, but it is also the most difficult, is to find the owner.

If the owner is found, then it will be possible to understand whether he intends to use the land. If he is not going to, then you need to offer him either to sell the land by concluding a land purchase and sale agreement, or to abandon it by submitting an application to Rosreestr.

Another option for solving the problem with abandoned plots is to contact the district administration with an application to recognize the abandoned land plot as ownerless and to recognize the right of municipal ownership to this plot.

Ownerless property is a thing that does not have an owner or whose owner is unknown, or the owner has abandoned this thing.

Ownerless real estate is accepted for registration by the registering authority at the request of the local government body.

In relation to ownerless real estate, paragraph 3 of Article 225 of the Civil Code of the Russian Federation defines the procedure for recognizing the right of municipal ownership of these things.

The norms of civil procedural legislation (Articles 22, 262, 290 of the Civil Procedural Code of the Russian Federation) provide for a judicial procedure for the consideration of disputes regarding the recognition of ownership of an ownerless immovable property, which are within the jurisdiction of the courts, which resolve such cases in a special proceeding.

A special entity that has the right to appeal to both the registration authority and the court is the municipal authority, since if a real estate property has signs of being ownerless, only the right of municipal ownership can arise.

By virtue of clause 3 of Art. 225 of the Civil Code of the Russian Federation, ownerless immovable things are accepted for registration by the body carrying out state registration of rights to real estate, upon application from the local government body in whose territory they are located

An ownerless immovable property, not recognized by a court decision as having come into municipal ownership, may be again taken into possession, use and disposal by the owner who abandoned it, or acquired into ownership by virtue of acquisitive prescription.

In relation to an ownerless immovable thing, only the body authorized to manage municipal property can go to court, and not with a statement to recognize the immovable thing as ownerless, but with a statement to recognize the right of ownership of the ownerless immovable thing.

An appeal to the court must be preceded by the registration of this property with the body that carries out state registration of rights, on the basis of an application from the local government body in whose territory it is located. Appeal to the court is possible only after a year has passed from the date of registration of the ownerless immovable property.

A citizen who actually uses an abandoned land plot can apply to the court to declare ownerless only movable things, the category of which a residential building and land plot does not belong to (Part 1, Article 290 of the Code of Civil Procedure of the Russian Federation, Art.

. 130 Civil Code of the Russian Federation).

Lawyer Svetlana Zhmurko

Make an appointment for a consultation with a lawyer by phone: 8(985)998-58-08

Land and construction

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Many residents of our vast homeland have dachas, plots of land, and garden houses. Often driving through a holiday village you can come across completely empty abandoned areas

. Sadness grips your heart when you imagine that in the place of desolation there used to be beautiful gardens and vegetable gardens that brought rich harvests.

And next to the empty abandoned lands, beautiful colorful flower beds bloom, neatly trimmed lawns instead of meter-long weeds, fragrant gardens.

The owners of such well-kept plots often want to purchase extra acres from an unscrupulous neighbor who has never appeared on his land.

Everyone has different goals. Someone doesn’t want such a deplorable appearance of the neighboring plot to darken the beauty of their lands

. And some just want to expand their holdings.

But in order to buy a neighboring plot, you need to know who owns it and whether the land plot is ownerless.

According to the legislation of the Russian Federation, land plots are classified as real estate. Ownership can only come after registration

necessary documents at the registration services.

Based on the norms of the Civil Code of the Russian Federation, an ownerless thing does not have an owner, or he waives his right, or the owner is not known at all. That is, if a person, having a plot of land, did not register it as ownership and did not appear on it for a long time, then he could well lose it without even knowing it.

In this case, it takes into account the fact that the site is not being cultivated and this is disturbing the neighbors. The gardening non-profit partnership organizes a meeting at which it becomes clear whether the owner is using the site.

If the owner of the abandoned land does not appear in the partnership for a long time, he is expelled from the membership, and the plot is confiscated in favor of the SNT. This land is then sold to the new owner at cadastral value. Another important factor may be that the land plot is confiscated from the owner if the land intended for housing or other construction, or for agricultural production, is used for other purposes, as well as in case of non-payment of taxes, the amount of which reaches a critical level.

So, from the above it follows that if the heirs of the land plot have not registered it in their name, then any outsider will be able to do this. Moreover, he will not be called a fraudster! How can you acquire ownership of an ownerless plot?

If you like an ownerless plot of land and decide to buy it, first try to find the owner. And in the event of his death - his heirs.

To do this, you need to write an application to the department of the Federal State Registration

cadastre and cartography, where to request an extract from the Unified State Register of Rights to Property and Transactions with It.

It is also necessary to obtain information from municipal government and architectural authorities. If there are heirs, politely and correctly ask them to inherit. But don't go too far.

If you really want to get this land, it is better to talk about its negative aspects: how much needs to be done to bring it into a normal state suitable for certain purposes; tell us about all the land debts that have accumulated over so many years.

A very convenient solution to many problems would be to issue a power of attorney for you. With this power of attorney, you will be able to perform all the necessary manipulations yourself in order to re-register the land in your name.

IMPORTANT!!! Be sure to conclude a preliminary purchase and sale agreement with your heirs, in which you indicate all rights and obligations! This agreement will be useful if, when the price of the plot changes, the heirs want to terminate the oral agreement.

If there are no heirs or they cannot be found, or they do not “make contact,” do not be upset. You will still be able to purchase the property you like.

There is one very interesting clause in the legislation of the Russian Federation - “acquisitive prescription”. Acquisitive prescription is one of the grounds for the emergence of property rights

According to it, a citizen who is not the owner of property can obtain ownership of this property if he has owned this property openly in good faith and continuously, as his own for 15 years. Based on the definition of the law, ownership in this case must be continuous

However, the law does not establish specific circumstances under which the statute of limitations may be suspended.
.
Also, a claim for reclaiming property cannot serve as a basis for suspending the term
. Possession in good faith implies that the person did not know and should not have known about the illegality of his possession.

However, according to innovations in the Civil Code of the Russian Federation, conscientiousness and reasonableness of actions of participants in civil legal relations are assumed. A bona fide purchaser is a person who, when purchasing property, did not know and could not know about the rights of other persons in relation to this property and means that the owner does not know and should not know about his lack of ownership rights.

At the time of acquiring a thing, the owner believes, perhaps mistaken in factual circumstances, that the basis on which the thing came to him gives him the right of ownership to it.

Also, ownership of the property must be open. That is, the participant - the long-standing owner must not hide the ownership of such property from the public.

In addition, ownership of the property must be made as one’s own. It is assumed that the owner by prescription must own the property not by contract.

IMPORTANT!!! If a civil contract is concluded between the parties, then recognition of a person’s right of ownership on the basis of acquisitive prescription is impossible!

Based on the above, recognition of a person’s right of ownership on the basis of acquisitive prescription is possible only if these conditions are met.

So, where should we calculate the 15-year period? The 15-year period begins to run, not earlier than the statute of limitations expires, during which the owner’s heirs could claim their property from your possession.

The statute of limitations, according to the legislation of the Russian Federation, is 3 years

. After which you must contact the local administration and write an application regarding the provision of this abandoned site to you.

If the decision is positive, you, with a cadastral passport and an act of transfer of land into ownership, contact the Rosreestr authority, where you can register your property rights
.

If the administration’s response to your application is negative, you can file a lawsuit in court to recognize the ownership of the land

.
The acquisition of property rights on the basis of acquisitive prescription applies only to private property
.
That is, according to the law, by virtue of acquisitive prescription, only property that belongs to another person by right of ownership or ownerless property can be acquired
.

However, at the same time, the legislation of the Russian Federation does not recognize land as ownerless. According to the Civil Code of the Russian Federation, lands and other natural resources that are not owned by citizens, municipalities and legal entities are recognized as state property.

Therefore, first you should find out who owns the lands you are interested in. State or municipally owned lands cannot be recognized as ownerless. Lands that are in municipal or state ownership are made available to civil or legal entities for a fee.

Questions arising in the field of land law can rarely be given a clear answer. Having many difficulties and so-called pitfalls, land law is considered one of the most complex in the legislation of the Russian Federation. If you have any problems in the area of this law, please contact legal experts.

. Professional lawyers will give you full legal advice, answer your questions and help you understand such a complex area of Russian legislation!

Author of the article: Victoria Rozhnova

If the decision is positive, you, with a cadastral passport and an act of transfer of land into ownership, contact the Rosreestr authority, where you can register your property rights
.
If the administration’s response to your application is negative, you can file a claim in court to recognize the ownership of the land
.
The acquisition of property rights on the basis of acquisitive prescription applies only to private property
.
That is, according to the law, by virtue of acquisitive prescription, only property that belongs to another person by right of ownership or ownerless property can be acquired
. However, at the same time, the legislation of the Russian Federation does not recognize land as ownerless.

How to recognize a plot as ownerless and then register it

You will have to spend money on topographic survey of the land. By ordering a topography, you answer several questions at the same time:

Firstly, if the land is state property or belongs to a municipality, then for constructive communication the representative of the state or municipal body must have an idea of what is located on the site. Topography helps to track all objects located on the ground. And this, in turn, guarantees that any section of the road or creek will not be allocated to private ownership.
Secondly, the presence of this document is directly related to the formation of the site plan. It will be needed when allocating a plot of urban or state land.
Thirdly, topography will help you make the final decision whether to purchase a plot of land.

Important

You can obtain information about the amount of state duty from a consultant. The registration period will be about fourteen calendar days. The timing of the procedure largely depends on the region.

Attention

If the administration refuses, you have the right to go to court. It is almost impossible to give an unambiguous answer to questions related to the field of land law. Its competent interpretation requires considerable experience and deep knowledge. It has a large number of nuances and pitfalls.

When solving land issues, you should not rely on your own strength. We recommend that you contact professional lawyers. With their help, it will be much easier to navigate this very complex area of legislation. And the likelihood of the issue being resolved in your favor will increase significantly.

plot on how to buy a plot of land - advice from an arbitration judge

The article was written by professionals.

How to register ownership of an ownerless land plot

An ownerless plot of land is a plot
Questions and answers, case No. 130
How to register an ownerless plot as property in Russia?
How to acquire ownership of a neglected and uncultivated garden plot for many years, the owners of which are absent?
About ownerless land plots
Grounds and procedure for recognizing a land plot as ownerless
Recognition of a land plot as ownerless
Recognition of rights to abandoned land plots
Recognition of ownership rights to ownerless property

An ownerless land plot is a plot. It should be borne in mind that the right of ownership is retained by the person who abandoned the land plot for a year.

Recognition of a land plot as ownerless

To implement this, you must provide a package of documents to Rosreestr.

Another point worth paying attention to is that the legislation of the Russian Federation does not recognize land as ownerless.

The Civil Code of the Russian Federation regulates the fact that natural resources and lands that are not owned by citizens, municipalities and legal entities are recognized as state property.

Therefore, the first thing that needs to be done is to establish who owns the land plot of interest. Please note that lands that are the property of the municipality or the state are transferred to the ownership of citizens for a fee. This happens through an auction (bidding).

Find the owner of an ownerless piece of land? So, if you decide to buy an ownerless plot of land, first you need to find who owns it.

Recommendations on how to register ownership of an ownerless land plot

From what point should the fifteen-year period begin?

Its course will begin no earlier than the statute of limitations expires. According to Russian law, the statute of limitations is three years. During this period, the owner's heirs could bring a vindication claim. Simply put, demand the return of the site. After three years, you need to contact your local administration. Submit an application for ownership of this abandoned site. If the decision is positive, you will be given an act of transfer of land ownership. The next step will be to obtain a cadastral passport for the land plot. You can obtain this document at the branch of the Federal State Institution “Land Cadastral Chamber”. To obtain it, you must contact the Cadastral Chamber in person.

Who can recognize a land plot as ownerless?

Another important factor may be that the land plot is confiscated from the owner if the land intended for housing or other construction, or for agricultural production, is used for other purposes, as well as in case of non-payment of taxes, the amount of which reaches a critical level.

How to recognize a plot in SNT as ownerless

Recognition of the land plot as ownerless. I went to the village council, they looked at the documents to see if there were owners, as a result, two were registered (or whatever the records were) but they all left, it’s not clear where.

And they said that now you better go to the land department and resolve the land issue.

I went there and they made me understand that I had arrived and they said write a statement within 5 days, we will look at it and tell you who the owner is, if there is no co-owner, the land is put up for auction and depending on your luck, they also advised me to go to the BTI.

Recognition of the right to abandoned land plots If it was citizens first, and then SOT was formed, then SOT’s right cannot be recognized in any way. If the land was first allocated to SOT (although this is not entirely correct), then it is possible. 1.

In relation to an ownerless immovable thing, only the body authorized to manage municipal property can go to court, and not with a statement to recognize the immovable thing as ownerless, but with a statement to recognize the right of ownership of the ownerless immovable thing.

A citizen who actually uses an abandoned land plot can apply to the court to declare ownerless only movable things, the category of which does not include a residential building and land plot (Part 1 of Article 290 of the Code of Civil Procedure of the Russian Federation, Article 130 of the Civil Code of the Russian Federation).

Real estate
Land law
In our gardening cooperative, we have abandoned plots for 24 years without paying taxes, fees and lighting, and overgrown fire hazard areas. The problem is what to do with them, how to officially recognize them as ownerless? According to the chairman, according to the court, they are taken away after notification after 10-8 years. Two plots have already been awarded, but not to ours (the cooperative), but to the land administration of the Kaluga region. Explain our rights to the administration. privatization of a dacha plot, privatization of a garden plot, land ownership, gardening partnership, dacha cooperatives, privatization of house and land, rights and obligations of the owner of a land plot, registration of a dacha plot as a property. Answers from lawyers (4)

All legal services in Moscow Examination of a land lease agreement Moscow from 3,000 rubles.

After all, there is a possibility that some communications pass through the area. Their presence may complicate or even make any construction on it impossible.

And then it turns out that in this area, except to plant flowers or vegetables, nothing more can be done. So the results of a topographic survey may change your decision about purchasing land.

Methods of obtaining ownership rights to an abandoned land plot We will assume that the plot of interest belongs to an individual:

The first thing to do is find the owner. After this, you can agree on the sale and purchase with him or his heirs.
Secondly, it is mandatory to record all agreements reached by signing a Preliminary Sale and Purchase Agreement. It spells out in detail the rights and obligations of both the seller and the buyer.

Source: https://2440453.ru/kak-priznat-uchastok-beshoznym-a-potom-oformit/

Recognition of the site as ownerless

Attention

A special entity that has the right to appeal to both the registration authority and the court is the municipal authority, since if a real estate property has signs of being ownerless, only the right of municipal ownership can arise.

An ownerless immovable property, not recognized by a court decision as having come into municipal ownership, may be again taken into possession, use and disposal by the owner who abandoned it, or acquired into ownership by virtue of acquisitive prescription.

How to register ownership of an ownerless land plot

Info

With this power of attorney, you will be able to perform all the necessary manipulations yourself in order to re-register the land in your name. IMPORTANT!!! Be sure to conclude a preliminary purchase and sale agreement with your heirs, in which you indicate all rights and obligations! This agreement will be useful if, when the price of the plot changes, the heirs want to terminate the oral agreement.

If there are no heirs or they cannot be found, or they do not “make contact,” do not be upset. You will still be able to purchase the property you like. There is one very interesting clause in the legislation of the Russian Federation - “acquisitive prescription”. Acquisitive prescription is one of the grounds for the emergence of property rights.

Why do you need to know the owner of the land?

With any legal actions regarding real estate, first of all it is necessary to find out the owner of the land plot . First of all, so as not to stumble upon unscrupulous owners or scammers. Let's consider several situations.

When purchasing a plot. Very often, scammers try to sell property to which they do not have ownership rights. After receiving the money, it disappears, and you are left without funds and without land. To avoid falling into the hands of scammers, it is better to make sure in advance and find out the real owners of the land.

If the plot has several owners. To avoid disputes and problems during the purchase and sale, find out information about all owners. There are situations when some owners sell a property without the knowledge of others.

If you like an abandoned area. At first glance, such a site may seem abandoned and abandoned. But this does not mean that he does not have an owner. Perhaps it is in the possession of a legal entity and is mothballed for several years. Or it is owned by the state. In any case, in order not to guess, it is worth finding the owner of the land plot.

Do you want to collect information about your neighbors? New tenants have moved into the neighboring house, about whom you know nothing. Moreover, they do not behave very decently and do not make contact. The first thing you need to do is find out the owner of the land.

Recognition of a land plot as ownerless

Upon arrival at the government agency, take a ticket or take a place in the live queue to see a specialist. Use the help of a consultant to obtain the details to pay the state fee for the production of the document

Important

With the help of the employee, the application is filled out. It must be accompanied by a photocopy of the deed of transfer of land ownership and a payment document confirming payment of the state duty.

. The cadastral passport is provided to the applicant after fourteen calendar days.

The final stage will be state registration of the right to the land plot. You need to go to Rosreestr with an act from the administration and a cadastral passport

Before submitting documents to the registration chamber, you need to pay a state fee. The amount of the fee depends on the purpose of the land plot.

How to register ownership of an ownerless, abandoned plot of land?

This person may again possess, use and dispose of this land plot until the court makes a decision recognizing the right of municipal ownership of this land plot. During this period, a land plot can also be acquired on the basis of acquisitive prescription.
.
Questions and answers, case No. 130 236 of the Civil Code of the Russian Federation (Chapter 15). Acquiring ownership of ownerless property refers to the initial method of acquiring ownership
.
which is confirmed by Art
.
218 of the Civil Code of the Russian Federation (Chapter 14)
.
Cases on recognition of property as ownerless are considered by the court in a special proceeding. Before the municipal body (namely
, the property management committee of the KUI) goes to court with an application to recognize the right of municipal ownership of an ownerless thing.

How to register ownership of an abandoned land plot?

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How can we now register ownership of a land plot purchased under a general power of attorney in 2005?

Recommendations on how to register ownership of an ownerless land plot

The statute of limitations itself begins to run, not earlier than the statute of limitations expires, during which the owner’s heirs could claim their property from your possession. The statute of limitations, according to the legislation of the Russian Federation, is 3 years

After which you must contact the local administration and write an application regarding the provision of this abandoned site to you. If the decision is positive, you, with a cadastral passport and an act of transfer of land into ownership, contact the Rosreestr authority, where you can register your property rights

If the administration’s response to your application is negative, you can file a lawsuit in court to recognize the ownership of the land
. The acquisition of property rights on the basis of acquisitive prescription applies only to private property.

SNT in 2020

The existence of SNT is supported by a series of payments known as membership and target fees. Before the new bill came into force, funds were handed over to the chairman, who distributed them among individual expense items and made all types of settlements with counterparties. Starting this year, every gardening partnership must open a special bank account and carry out all types of financial transactions non-cash. These include:

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Law on SNT of January 1, 2020

re-registration of title documents for the use of land until 2020;
creation of new SNT on the lands of settlements and agricultural areas;
introducing amendments to the existing charter of SNT (including the adoption of its new edition);
registration of ownership of a residential building located on a summer cottage (this option is available to summer residents until March 1, 2020).

My neighbors at the dacha have not demarcated the site, do not pay fees for garbage removal and do not even show up. I thought that there were no owners at all, and I asked the district administration to allocate this land to me through an auction. But it turned out that it had already been allocated to a certain citizen in 1993. I found her and she stated that she sold the property 15 years ago.

Who can recognize a land plot as ownerless?

With sufficient persistence, it is usually possible to find the person, or if he died, then his heirs, with whom the issue of buying and selling the plot is resolved. Also, if the owner of the plot received a document certifying his ownership of the land plot, then through gardening you can make a request to receive a certified copy of the document from the local land committee. About ownerless land plots T.

j. the owner of the plot has died and there are no direct relatives or they cannot be identified

The owners of these plots have died, but there are no direct relatives, or for some reason they do not take possession of the plot. It is quite possible that the documents (gardener’s book, etc.)

etc.) lost over time. 2.

Is it possible to recognize a land plot as ownerless?

To carry out this action, you need to submit a certain package of documents to Rosreestr.
The Civil Code of the Russian Federation declares that lands that are not in the possession of citizens, organizations and municipalities are the property of the state.

Therefore, the first thing you need to do is determine who is the owner of the plot of land you are interested in. Remember that land owned by the municipality or the state can be transferred to the ownership of citizens for a fee. This action is carried out through trading.

How to find the owner of an abandoned plot of land

If you have decided to purchase an ownerless piece of land, first of all, you need to find who is its owner.

How to register ownership of an ownerless, abandoned plot of land?

You can obtain information about the amount of state duty from a consultant. The registration period will be about fourteen calendar days. Important The timing of the procedure largely depends on the region.

It has a large number of nuances and pitfalls.

Attention When solving land issues, you should not rely on your own strength. We recommend contacting professional lawyers .

With their help, it will be much easier to navigate this very complex area of legislation.

You can obtain this document at the branch of the Federal State Institution “Land Cadastral Chamber”. To obtain it, you must contact the Cadastral Chamber in person. Upon arrival at the government agency, take a ticket or take a place in the live queue to see a specialist.

Use the help of a consultant to obtain the details to pay the state fee for the production of the document. With the help of the employee, the application is filled out. It must be accompanied by a photocopy of the deed of transfer of land ownership and a payment document confirming payment of the state duty.

The cadastral passport is provided to the applicant after fourteen calendar days.

The final stage will be state registration of the right to the land plot. You need to go to Rosreestr with an act from the administration and a cadastral passport.

How to recognize a land plot as ownerless

With sufficient persistence, it is usually possible to find the person, or if he died, then his heirs, with whom the issue of buying and selling the plot is resolved. Also, if the owner of the plot received a document certifying his ownership of the land, then through gardening you can make a request to receive a certified copy of the document from the local land committee.

About ownerless land plots

j. the owner of the plot has died and there are no direct relatives or they cannot be identified.

The owners of these plots have died, but there are no direct relatives, or for some reason they do not take possession of the plot. It is quite possible that the documents (gardener’s book, etc.) were lost over time.

An ownerless plot of land is a plot

It should be borne in mind that the right of ownership is retained by the person who renounced the land plot for a year.

This person may again possess, use and dispose of this land plot until the court makes a decision recognizing the right of municipal ownership of this land plot.

During this period, a land plot can also be acquired on the basis of acquisitive prescription.

Questions and answers, case No. 130

236 of the Civil Code of the Russian Federation (Chapter 15).

Acquiring ownership of ownerless property refers to the initial method of acquiring ownership. which is confirmed by Art. 218 of the Civil Code of the Russian Federation (Chapter 14).

Cases on recognition of property as ownerless are considered by the court in a special proceeding. Before the municipal body (viz.

You can find it in the state registration certificate. After finding your site, find and view the abandoned site on the electronic map.

The red outline outlining the territory of the land indicates that this land was previously taken into account, which significantly simplifies the acquisition process. If it was not possible to familiarize yourself with the outlines of the ownerless site, therefore, it must first be formed from federal or city lands.

The right of ownership appears only after making a registration entry in the unified state real estate register.

How to recognize a land plot as ownerless

Recognition of a land plot as ownerless

I went to the village council, they looked at the documents to see if there were owners, and as a result, two were registered (or whatever the records were) but they all left, it’s not clear where.

And they said that now you better go to the land department and resolve the land issue.

Recognition of rights to abandoned land plots

If it was for citizens first, and then SOT was formed, then SOT’s right cannot be recognized in any way. If the land was initially allocated to SOT (although this is not entirely correct), then it is possible.

How to recognize a land plot as ownerless

To do this, you can contact Rosreestr and request an extract from the Unified State Register of Real Estate.

You can obtain information in several ways:

Contact the registration authority in person. Upon arrival at the institution and receiving a coupon, it is advisable to pay the state fee (200 rubles without commission). At the employee's request, fill out an application, after which the documents will be ready within five working days.
Contact the Russian Post or send documents by email. In order to use this method, you must fill out a sample application and pay the state fee. If you apply in person, the signature must be certified by a notary. If you send documents by email, an electronic digital signature must be attached. The period is also five working days.

With its help, you can track whether a previously abandoned area was formed.

Find your plot on the electronic map. This is quite easy to do. In the upper left corner of the page that opens, you must enter the cadastral number of your own land.

You can find it in the main document or in the state certificate. registration.

After you have found your own plot, all that remains is to find and view the ownerless plot on the electronic map. The red contours that outline the area of land indicate that the land has been previously taken into account.

And this already greatly simplifies the acquisition process. If it was not possible to see the outlines of an abandoned site, it means that it will still need to be formed from city or state land.

It is important to understand that at the legislative level, land plots are classified as real estate.

Only local authorities on whose land the plot of land is located have the opportunity to submit an application for registration.

The mechanism for registering an ownerless plot of land is established by Decree of the Government of the Russian Federation of September 17, 2003 N 580 “On approval of the Regulations on the registration of ownerless real estate.”

Simultaneously with filing the application, local authorities send to the Federal Registration Service a package of documents that can confirm that a certain piece of land does not have an owner, or the owner is unknown, or the owner has renounced the right of ownership.

If the owner of the land has renounced his right of ownership, then you need to attach a document that confirms this fact - a statement from the owner about the renunciation of ownership of the property.

Geodetic plan (you can order it from a geodetic organization);

Master plan (can be ordered from the Bureau of Technical Inventory);
Application for transfer of ownership of a plot of land (drawn up at the district administration).

Along with the application, send to the administration:

Act on temporary possession of a land plot;
General plan;
Cadastral passport (previously created in the Cadastral Chamber).

After submitting this package of documents, you will learn the answer within a period of one to three months.

If the verdict is positive, you are obliged to buy the land from the administration at their proposed price (usually the average market price) and enter into a purchase and sale agreement.

The next stage is carrying out land surveying in order to obtain a new cadastral passport.

What is an abandoned plot of land?

At the beginning, of course, it is necessary to define the concept of an ownerless thing.

According to Article 225 of the Civil Code of the Russian Federation, ownerless things (including real estate) can be considered:

Things that do not have an owner;
Items whose owner is unknown;
Items that have been relinquished by their owner.

It should be noted that in relation to the latter case, civil law does not specify what the owner needs to do to waive his right.

Turning to other legal acts, it can be noted that one of the ways the owner renounces his right of ownership may be a specific statement drawn up by him.

Source: https://helpbyavto.ru/mozhno-li-priznat-zemelnyj-uchastok-beshozyajnym/

Who recognizes the territory as such

Abandoned sites in 2020 are becoming a burden for many, so one of the ways to deal with such sites is to search for the owner.

Taking into account all of the above, recognition of a citizen’s right of ownership on the basis of acquisitive prescription is possible only if these factors are present.

From what point should the fifteen-year period begin?

Its course will begin no earlier than the statute of limitations expires. According to Russian law, the statute of limitations is three years. During this period, the owner's heirs could bring a vindication claim. Simply put, demand the return of the site. After three years, you need to contact the local administration . Submit an application for ownership of this abandoned site. If the decision is positive, you will be given an act of transfer of land ownership. The next step will be to obtain a cadastral passport for the land plot.

Popular methods of receiving

How to register ownership of an ownerless plot that belonged to an individual? First you will need to find the owner and subsequently agree on the purchase and sale of the site. Next, all agreements are documented. It is necessary to specify in detail all the responsibilities of the seller and the buyer so that the seller does not change the agreed upon decisions.

The main thing to know is that an indicative claim cannot serve as a basis for terminating the preliminary limitation period.

The latest characteristics mean:

Bona fide possession means that the owner, at the time of receipt of the object, assumed, perhaps in error, regarding the actual circumstances for the reasons for which he became its owner, and also that this gave him certain rights. That is, the owner did not and could not know about the illegality of his own possession;
Open possession means that the person did not perform any special actions to conceal the fact of possession of the object;
Continuous ownership means that the possession and operation of the plot must occur without interruption for the full period established by law for acquisitive prescription. Possession, which is carried out sporadically, demonstrates the lack of desire to possess the land and in this case terminates the period of acquisitive limitation.

certificate of heritage or privatization;
other documents confirming your right to own the territory.

An application for registration of land rights is submitted to the local administration, where it is determined whether the land has an owner.

The application must indicate:

on what grounds was the land received by the applicant;
basic parameters of the territory (technical and cadastral), location, etc.;
for how long the site was used and the applicant’s costs for its maintenance;
whether buildings or structures are located on the site;
indicate a request for the issuance to the applicant of a document that confirms the further privatization of the land.

Before starting the land appropriation procedure, the applicant must indicate for what purpose he will use the assigned territory.

There are two options for registering ownership of real estate: according to the conditions specified in Article No. 39.3, or through an auction if the site does not meet the requirements. These two methods are official and legal. Privatization To privatize a plot, you will first have to look for potential owners of the plot.

If they are found, they will need to inherit and sell the plot. The disadvantage of this method is obvious - you will have to transfer money in exchange for land. The second option is if there are no owners and they cannot be found, then you need to confirm that the citizen has been using the site for more than 15 years, without having a contract.

Next, you will need to contact the administration with a corresponding request, which will be considered within the prescribed time frame.

Source: https://plbarber.ru/mozhno-li-priznat-zemelnyj-uchastok-beshozyajnym/

How to recognize a plot in SNT as ownerless

How to register an ownerless plot as property in Russia? It is at such a moment that potential owners can lay claim to ownerless land. It is very important for them to have detailed information about how ownerless plots are registered as private property, so that in the future there will be no problems with local authorities

.
Due to the fact that the procedure for recognizing a land plot as ownerless is carried out in court, the applicant for land ownership must obtain legal support
.
How to acquire ownership of a neglected and uncultivated garden plot for many years, the owners of which are absent? To do this, you can submit a request to the registry office to determine the last place of registration
or conduct searches through the police department.

IMPORTANT!!! If a civil contract is concluded between the parties, then recognition of a person’s right of ownership on the basis of acquisitive prescription is impossible! Based on the above, recognition of a person’s right of ownership on the basis of acquisitive prescription is possible only if these conditions are met. So, where should we calculate the 15-year period? The 15-year period begins to run, not earlier than the statute of limitations expires, during which the owner’s heirs could claim their property from your possession.

The statute of limitations, according to the legislation of the Russian Federation, is 3 years

. After which you must contact the local administration and write an application regarding the provision of this abandoned site to you.

What to do with abandoned plots in SNT

Stage 2. Study the information received contained in the extract from the Unified State Register of Real Estate.

A simple extract from the Unified State Register will show who is the owner of the land plot and from when. From the extended extract you can find out the transfer of ownership rights and other information.

What to do with abandoned plots in SNT?

Stage 1. Order a simple or extended extract from the Unified State Register of Real Estate

(unified state register of real estate). This information is public, so knowing the cadastral number of the plot, any individual can receive it.

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The chairman is elected at the general meeting. But he does not have the right to certify powers of attorney for voting rights. The board is not allowed to be from among its own members. Payment of membership fees is carried out only through bank transfer. Unlawful extortions in the form of payments for unknown purposes will now be excluded. No one has the right to receive funds in their hands.

For the second type (gardening), it is possible to build a small shed where you can store agricultural tools or vegetable products. The construction of a residential building (house, cottage, dacha) is prohibited. The vegetable garden is intended for growing vegetables, fruits and berries, and flowers.

Where are membership fees spent?

Fruit trees, vegetables, berries, and melons are planted in the garden plot. A residential building, a garden house, and a summer kitchen are being built on it (with permission). The same things are grown on the garden land, except for planting fruit trees. It is not possible to build a fundamental structure on it, but it is allowed to erect a temporary shelter, a panel house, or an outbuilding for storing equipment.

making a decision on the status of the organization exclusively by the general meeting during voting;
payment of land tax within the established area by each member of the organization;
granting members of the SNT the right to build an individual residential building on the entrusted site;
eliminating the payment formerly known as the entry fee;
making a targeted contribution for the purchase of specialized equipment, as well as membership fees for a certain period of time;
introduction of restrictions on the minimum number of members of the organization;
election of a chairman and vesting him with certain powers for a period of 5 years;
storage of documentation for 49 years;
providing each member of the organization with the right to familiarize themselves with the financial statements of SNT at any time;
issuing a copy of the requested documents free of charge upon presentation to the government agency;
issuing copies of documents for a fee when using them for personal purposes. The amount of the fee should be approved by the general meeting of members of the organization;
deprivation of the right to vote at a general meeting for non-payment of fees for 2 months in a row (the ability to use infrastructure facilities is retained);
registration of shared ownership within the territory occupied by a member of the SNT.