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How to register an abandoned summer cottage property

 How to register an abandoned summer cottage property


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Sometimes gardeners who have traditional 6 acres and come to the country every season, there is a desire to expand the economy. There are all documents for the land on your plot, the contributions are paid regularly. And here, just behind the fence, there is another 6 acres of wasteland, which no one seems to need. There would be a dream garden, but where to look for the owner is not clear, and to arbitrarily engage in someone else's plot is against the law to go.

What land is considered ownerless

Land plot according to Art. 255 of the Civil Code of the Russian Federation is recognized as ownerless (ownerless), if the owner is unknown or died, there are no relatives. Situations are different: when contacting Rosreestr, it may turn out that the owner of the site at one time carried out a land survey and has all the documents in his hands, but over the past few years he has not appeared at the dacha and has not paid contributions (if it is SNT land).

Interested persons can obtain reliable information about the owner of the site from the chairman of their partnership or from neighbors. If it is possible to find the owner or his relatives, in most cases it is realistic to conclude a purchase and sale agreement.

Ask your neighbors who owns the abandoned plot - surely someone knows something

If it turns out that the owner is not alive, and the heirs do not have any documents confirming the ownership of the property (and, of course, they also do not deal with the site and do not pay fees), it is worth contacting the archive for the restoration of documents. In any case, it is easier to negotiate with the owners than to recognize the site as ownerless.

The official (documented) refusal of the owner from the right to own his real estate can be considered the basis for recognizing the site as ownerless.

The renunciation of ownership does not in itself entail the termination of the rights and obligations of the owner in relation to the relevant property until the title to it is acquired by another person.

The legal basis for the transfer of property from one owner to another is the Civil Code of the Russian Federation

As a rule, the person concerned initiates the recognition of the site as ownerless, for this you need to contact the Land Committee at the place of residence with a corresponding application. After consideration of the application, the plot is transferred not to private hands, but to the ownership of the municipality. From that moment, the partnership to this land no longer has any relation and only local authorities have the right to dispose of the site.

How to register an abandoned land property

Forum residents-summer residents agree that it is difficult to register an abandoned plot in ownership - almost always. Everyone has different obstacles - uneasy relations with the chairman of the partnership, disagreements with neighbors, the owner's move to another region, and sometimes to another country, the lack of documents for the plot of the heirs, and so on. In fact, it turns out that all these and other problems can be completely resolved with a few additional efforts - the main thing is not to abandon what was conceived (this is again advice from people who have gone through the entire procedure from concept to result).

The best place to start is looking for an owner. And you should prepare for a conversation with him and find out:

  • the cadastral value of the site that you want to register for yourself. This argument must be used if the owner overprices the land;
  • unpaid contributions and other debts on the site (if you want documentary evidence of the debt, you can go to the chairman of the partnership and get extracts on non-payment of contributions. But such certificates are additional expenses, and not at all necessary).

Rosreestr will help to clarify the cadastral value of an abandoned site

It is good if the owner or heirs are found and he (they) have all the documents for the site in their hands. If there are no documents, they will need to be restored and surveyed again (without it, the sale and purchase transaction will be invalid).

The owner must have in his hands all documents of title, including land surveying

If it was not possible to find the owner of the plot, or for some reason you did not start looking for him, you can immediately contact the district committee of property relations with a request to lease the land for running a subsidiary farm. Based on the results of consideration of your application, the land will be transferred to the ownership of the municipality, and then the new owner is determined through an auction.

Local governments, in accordance with the current legislation, place an advertisement in the local press about the bidding and set the starting price of the sale (usually it corresponds to the cadastral value or its share). Within the specified time frame, all citizens interested in purchasing the land plot can participate in these auctions. The winner, as in any auction, is the one who gives a large amount for the site. Beneficial categories of citizens - large families, for example, can apply for a free plot of land.

Video: an abandoned site and an administrative rake

In Russia, it is a widespread practice to look after someone else's land, to which the owners have not come for a long time. Neighbors can cultivate the land for 10-15 years, uproot trees, weed out and eat from this land. It will be good if such an "AWOL" goes unnoticed and the suddenly announced owner does not demand compensation from the person. To avoid such a problem, it is better to first register the land for yourself, and only after that expand the economy. Everything can be done according to the law, there are opportunities for this now.


Excess weaving: how to register ownership of an abandoned site in SNT

Weeds in greenhouses, rickety houses, heaped up fences - these plots in garden partnerships have been abandoned for many years. Neither build a barn here, nor break out the beds, the neighbors, of course, can not.

Important! There are times when unscrupulous SNT managers sell abandoned plots. Do not believe in all sorts of fairy tales about the fact that the chairman is in charge of the plots, that the garden book is the main document. It is illegal. Then you will be prosecuted.


How to register an abandoned collective farm garden in property or rent?

How to register an abandoned collective farm garden in property or rent. Where to go first.

Hello Rafik, contact the administration with an application, in the application indicate the approximate location and area of ​​the land plot on which the garden is located.

Indeed, you need to start with the administration, but keep in mind that the lease or purchase of the land will be done through tenders.

First of all, I recommend finding the land plot you are interested in on a public cadastral map. If there is no information about him, then you can contact the local government in the prescribed manner.


Abandoned garden plots, is it possible to take someone else's property?

You know, if a person has a plot, then I think first of all you need to start by putting up a fence! Fenced off from other people. Go there more often, ask the guard if you have to keep an eye on, sometimes go in or invite friends there, you can't let your friends come. There are people who have nowhere to live or their husband drinks, on the Internet you can find and offer those who like a vegetable garden to live on your site. Then what is in the video will not happen.

You can also buy a typer, sold in aquarium stores, and put it on so that the lights turn on in the house from time to time, to create the appearance of presence, you can leave the radio. With us, a neighbor does this, and you can't understand whether he is at home or not.

Regarding the abandonment of the site. My mother also has a plot with a house in the Kaluga region, or rather it is difficult to call it a house. It is located about 5 hours away, no one has issued it, no one comes there, I would not be surprised if someone lives there. People from villages began to move to cities, and now they understand that it is healthier and better to live in villages and many are going back to villages.

Many newcomers just go into someone else's house and live. Homeless people or neighbors steal everything - spoons, forks, light bulbs, boards - on the fire to warm up.

The video certainly deserves attention and is insulting, but first you need to deal with the site and apply all the conditions for protection.

If you are an honest and respectable person or citizen, and not just a thief or a criminal, then there can be only one answer to the question you asked - No and only no, since almost any garden plot in this case has one way or another or there must be a legal owner or heir to the given horticultural property. And you have just entered a territory that is alien by law, which in this case does not belong to you and cannot belong to you by law, in the established order, you are already violating the law in force at this time and, accordingly, you can not slowly be prosecuted for your illegal, that is, violating the current at this point in time, the law, your actions or deeds to administrative or criminal liability, depending on the severity of the illegal act committed by you. Be more careful in your actions and deeds, and although it is far from being a fact, the fortune of luck and success will turn to face you, and not its back as usual. Good luck in all your good endeavors. See you soon on the vast expanses of the Internet. Come to my page, see the answers to the questions asked and answer, if possible and desired, the questions I have asked. See you soon and good luck.

And we rented an abandoned plot.

It took a year of time and hours of visiting officials.

But the site was, indeed, ownerless. It was not owned, leased, and not processed for more than five years.

We turned to the City Administration, they themselves were looking for those who can apply for this site. They didn’t find it and gave us a resolution.

Then we turned to the cadastral department, they measured it for us. What else you need to do you will be prompted in the MFC of your city.

Then, however, there were also the same "businessmen" as we do. We also wanted to register it for ourselves, but we were already in the process, so nothing came of it.

Contact the Administration, if you can take it, they will give it back.

Abandoned plots are a headache for any gardening society. For example, we have almost half of them. The place is so impassable. Overgrown with weeds, then the fluff from the weeds flies in all areas. It is not always possible to find the owners, somewhere there is already no one, somewhere the owners have gone abroad for a long time. In our neighbors we try to keep each other's contacts, just in case, well, there the pipe will break through or the roof will be thrown off by the wind, so if something happens we have contacts and know who the owners are. In our contract it is written, in my opinion, that the land plot is withdrawn if it is not paid for it for 5 years. If they pay, then it’s overgrown. But we try to give such plots to someone for potatoes, so that people feel good and the plot does not overgrow.

You know, it seems to me that before trying to take someone else's something, it is more honest and decent to find the owner of an abandoned site and ask him to give him to you if he does not need him.

The woman worked as a foreman for her mother now she is retired and told the following story about her husband.

I do not know what made him a man in years having his own garden to visit a stranger, as it seemed to him abandoned, he decided to collect raspberries there.

He collected it and just wanted to leave, and a woman appeared in front of him: "Man, do you think this garden has no owner? I am the mistress!"

He bowed and left I don't know who the raspberries were left.

There are no completely abandoned sites. even if this site does not have a specific owner (no one cares for it), this does not negate the presence of an owner (a private person or a garden partnership / state).

The reasons for the abandonment of the garden may be different, but only

  1. garden owner
  2. council / meeting of this gardening partnership
  3. municipal authority on the territory of which the site is located
  4. court

And taking someone else's property is just theft ... whatever the excuses.

You need to know for sure whether the plot has an owner or if it is a leased land plot.

If the site is owned, then it does not matter whether it is abandoned or processed - this is the owner's business, which is with the site.

As for the gardening plots. then, according to the Charter or other provision, uncultivated areas can be seized and transferred for use to another owner.

Therefore, in any case, it is necessary to follow the legal path, otherwise it will be self-seizure.

Once upon a time we saw an abandoned site in a picturesque place.

Life scattered the heirs to different parts of the country and even beyond.

I had to look for heirs, and not of the first, but of the second order, in order to legalize the right to use the site. They formalized the right of ownership first to them, and then reissued to themselves. It all lasted more than one year, but it was worth it.

They made out in shares, because the owner at one time had six children, to whom the house and the land plot were bequeathed, and at the time of registration, the grandchildren were already the heirs, some did not even know about such an inheritance and did not enter into rights.

It was a troublesome business, but such an order.

If the property is ownerless, which is now unlikely, then after a certain period, according to the law, you can formalize the title to it through the court.

But if this is, for example, municipal land, then you may be asked to rent for the right to use this site. In this case, the limitation period is three years, so the rent will have to be paid for three years.

Thus, it is better to find out whose land this is and try to redeem or re-register at the minimum cost. It will be legal.


Register a house after 15 years of ownership

The Civil Code calls the most extreme way to get the coveted abandonment into property "acquisitive prescription" (Art. 234). That is, the Civil Code allows any of us to openly occupy an abandoned house and live in it. The main thing here is that in 15 years the owner or his legal heirs do not show up, and if they do not show up, then everything, success, your home. You can register ownership - but, as always, there are nuances.

  1. You must be a bona fide owner for 15 years. Take care of the plot, mow weeds, plant cultivated plants and carry out other landscaping work, pay utility bills, etc.
  2. You must be an open owner, do not hide the fact that now this is your site, which is why you are engaged in it.
  3. You have to own the site continuously for 15 years, not like this: I own it for a year, I leave it for five years, then I changed my mind, planted apple trees and put a pool. No, only year after year, all 15 years.

A person lived in this house for 15 years and the house was his only home, can you confirm this with receipts for payment of electricity, etc.? He has every chance to register the house as his own. But there is another not very good circumstance: three years of the statute of limitations.

The court recognizes the ownership of the actual owner of the ownerless house, and it can be registered with Rosreestr, sold, donated and left as an inheritance.But at any time of these 18 years, the rightful owner of the house may appear, and the law will definitely be on his side - he will have to give him the land and the house, in which so much effort has been invested!


How to register ownership of an abandoned land plot 2021

Home »Land» How to register an abandoned land plot in ownership?

Within the framework of the current legislation, citizens wishing to become landowners are provided with the possibility of preferential acquisition of plots, the owners of which have not declared their rights. However, for the competent registration of ownerless plots, it is necessary to follow a certain procedure and take into account a number of significant nuances.

First of all, it is worth making sure that the owners of the site are really absent or intentionally, for a long time, do not care about their land. This is better documented in detail. Otherwise, the time, money and effort spent on legalizing the rights to own the site may be wasted, since there is a risk that the legal owners of the land will appear.

How can you avoid these situations? How to competently carry out registration and obtain ownership of a land plot? These and other issues related to the nuances of acquiring abandoned land will be discussed further.

It is important to know that even if the owners of the site you are interested in 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 non-private land is owned by the state. Thus, before seizing such areas, ask for permission from the state authorities that are in charge of these areas.

Begin the process of legalizing your rights to an abandoned land parcel by looking for evidence that the land is free of claims from others.

To this end, contact the Federal Reserve Service with a request to provide information on the site you are interested in. If you are given a document confirming the absence of land owners, the next step should be to prepare an application to the municipality with a request to consider the possibility of granting you the land plot in ownership or on a lease basis.

As a rule, ownerless plots are sold through auctions.

Thus, after the issuance of preliminary permission for the possibility of acquiring an abandoned plot, the authorized body will organize an auction, in which any person interested in buying land can take part.

According to the rules for holding the relevant auctions, the state body will determine the initial price of the land plot. Accordingly, that citizen or organization that offered the maximum cost for the site becomes its potential owner.

Legalizing the rights to a land plot that, at first glance, seems to be abandoned, start with 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 property rights to the land takes place in the standard mode, according to the principle of purchase and sale.

In the absence of legal owners of the land (there is confirmation from the Federal Reserve Service), contact the local administration with a request to organize an auction to buy out the ownerless territory.

If the participant succeeds in winning 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 land with the Rosreestr service.

To be able to purchase an abandoned land, first try to find as much information about it as possible. In this case, you need to find out who owns the site you are interested in. To this end, make a request to provide an extract from the USRN to the Rosreestr service.

An extract from the register can be obtained in the following ways:

  • Submit an application to the territorial agency of Rosreestr in person. The reception is carried out on a first-come, first-served basis by the registration service specialists. In the electronic device at the entrance to the registration department, dial the function "Issuance of certificates and extracts", receive a coupon indicating the registration window where the service will be provided. Pay in advance the state duty of 200 rubles for registration actions using the details indicated on the information stand (information on the procedure for transferring the state duty can also be found on the official website of Rosreestr). An extract will be provided no later than 5 days from the date of application
  • Submit an application for the provision of an extract from the USRN through the Russian mail. In this case, you must also attach a receipt for payment of the state fee. Please note that when sending an application by mail, you must certify it with a notary
  • Request information about the site by sending a request via email. With this option of obtaining the necessary information, the applicant must have an electronic digital signature. An extract is also provided within five days from the date of receipt of the request
  • Obtain information through the official website of Rosreestr by sending an electronic request for the issuance of an extract. In the application form, indicate the email address to which you need to send the information you are interested in about the land plot. The term for consideration of the appeal is also 5 days.

If the site is owned by the municipality, it is possible to acquire it only within the framework of the auction. The winner is chosen the applicant who offered the highest price for the land plot. An agreement is concluded with him on the transfer of the site into ownership.

If only a single plot has expressed a desire to redeem the land, then the auction is not held, and an agreement is concluded with the applicant.

If the actions aimed at finding the owner of the site were not crowned with success, then in this case the current legislation provides for a special procedure for the possibility of acquiring the site.

Ownership of an ownerless plot can be obtained by virtue of the so-called acquisitive prescription. This basis for the purchase of a plot provides for the fact that the land plot was processed 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 legitimize his rights to land. The main condition for such an acquisition is continuous maintenance of the land plot for at least 15 years.

An important factor in this is the openness of the use of the land plot, this fact should not be hidden from anyone.

How to register ownership of land?

How to purchase an ownerless land plot, read here.

How to register self-seizure of a land plot in ownership, read the link: http://uropora.ru/zemlya/kak-zaxvatit-zemlyu-i-ee-oformit.html

The acquisitive period begins to run after the end of the statute of limitations, which is 3 years. During this time, the legal owners (heirs of the owners) can declare their rights to the site. If this circumstance occurs, then the site must be immediately returned to the owner.

In the event that the owner did not show up within the time period stipulated by law, you can submit an official appeal to the local administration with a request to provide the plot of land that you have been processing for a long time.

In most cases, the right to own a plot in such circumstances has to be defended in court.

For the court, prepare all the evidence at your disposal of the conscientious cultivation of the land. The positive outcome will depend on how convincing the evidence you provide. To this end, enlist the support of your neighbors, who will be able to confirm the fact of processing the land for a long time (at least 15 years).

Inform the municipal authority that you want to become the owner of an ownerless land plot. Attach an extract from Rosreestr to the application, confirming the absence of legal owners of the land. After the land plot is declared ownerless, the municipality must carry out work to register this plot with the cadastral service.

Then it is necessary to wait a year before starting the process of registering the title to the land, in order to allow the legal 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 to the possession of an authorized state body. In the future, the municipality has the right to put up the land for auction, giving the winner the right to lease the land.

Then, in the process of conscientious fulfillment of the lease obligations, submit an application to the municipality about the possibility of buying out the land plot without holding an auction. Legislation for consideration of such appeals is given a period of no more than a month.

Send an application for land redemption to the administration before the expiration of the lease agreement. Otherwise, the site will be sold through tenders.

After receiving a response from the authorized authority on the preliminary permission to buy out the land, initiate the land survey procedure. To this end, conclude an agreement with a land management organization that has permission to carry out such work.

The next step in the registration of a land plot will be the coordination of borders with the owners of neighboring territories. The reached agreements formalize the formal agreement with the neighbors and give 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 land surveying, 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.

When filling out the application form, be sure to include 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, land plot number for cadastral registration, etc.)
  • handwritten signature and date of filling out the application
  • a list of documents that are an attachment to the application.

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

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

  • official appeal about the need to register ownership
  • document confirming payment of the state fee for registration actions
  • passport of cadastral registration
  • land surveying 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 by a notarial power of attorney.

Ownership of a plot, the owners of which have not been established, is formalized in court if received due to acquisitive prescription. At the hearing, you must prove that you have been cultivating the land in good faith 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 took place sporadically, then the applicant has no right to expect to receive a plot within the framework of the acquisitive prescription. Conscientious care of the land, in addition to cultivation, also means the safety of the property (installation of a fence) and the maintenance of the site (material costs).

The facts of caring for the land must be confirmed in court.

These can be receipts for payment of tax fees, certificates of work performed confirming the installation of a fence, as well as other documents that are evidence of respect for the land. If there are weighty arguments, the court will decide in favor of the applicant for the land plot.

The cost of land registration services is 2 thousand rubles. When submitting documents to the Rosreestr service (landline plan and cadastral passport), do not forget to attach a receipt for payment of the state duty.

The procedure for legalizing the rights to a plot of land takes no more than 20 days.

After this time, you will receive an extract from the USRN, confirming the ownership of the site. From this moment on, you have the right to dispose of the land at your own discretion.

Home »SNT» Abandoned land plot in SNT

An abandoned site is a site where gardeners have ceased their activities, that is, they have ceased to participate in partnership meetings, pay dues, and so on.

Notice! Recognition of a site as an abandoned object occurs for various reasons:

  • the site is not used, but land registration and land surveying are legally recorded
  • a certificate for the site was received, but from the moment of acquisition the person did not appear on the territory, did not pay contributions, and so on
  • the owner of the land died, but the heirs did not appear
  • the owner of the land plot has died, the heirs use the land, but the ownership is not formalized.

In all the options presented, fees for membership in the partnership, according to practice, are not paid.

Is it possible to put a solid fence in the country, read here.

There is such a thing as acquisitive prescription. The meaning of such an institution is that if a person has been using the property for fifteen years, but is endowed with the right of ownership, then after the specified time it becomes the legal manager of the object.

It is necessary to count this prescription from the moment the actual use of the property begins. The owner of the land can reclaim the plot only if the limitation period, which is deducted from the moment when the owner learned about the violation of his own rights, is not missed.

At the same time, in order to apply acquisitive prescription, one must understand that for fifteen years a person must own land without interruption. Exceptions are situations in which ownership is terminated not through the fault of the owner, but due to other circumstances.

In order to eventually become the full owner of a land plot, you will need to apply to a judicial authority, which will make an appropriate decision, on the basis of which the registration of ownership will take place. One should act in the order determined by Article 234 of the Code of Civil Procedure of the Russian Federation.

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

Abandoned land plots pose a lot of problems. The most correct way to solve such a question is to search for an owner, who will give an answer whether the land will be used in the future.

You can also contact your local administration. Interested persons submit an application with a request to recognize an abandoned site as ownerless. In this case, the land will eventually become the property of the municipality.

Orphaned land plots are also subject to accounting, which is maintained by the same authorized body that provides registration of real estate objects. The procedure for registering the site on the register is being carried out at the request of local authorities.

In this case, the court will accept the application only from the side of the person who is entitled to manage a specific piece of land.

If the land has not passed to the municipality, then it can be returned to the owner or transferred to a new owner upon acquisition of prescription.

It should be understood that there are no penalties for a site that is deemed abandoned, but in fact belongs to a particular person. That is, the presence of ownerless property is not recognized as a violation; it eventually becomes the property of the state.

You can also secure the ownership of the site if it has been used for a long time. This is done not only through the administration, but also by sending a claim to the judicial authority. This will shorten the processing time.

Watch the video. The dacha plots abandoned by the owners will be distributed to:

To obtain information about the site, it is enough to use a special electronic cadastral map, which will allow you to find out directly on the official website of Rosreestr whether an abandoned site has been formed earlier. It is enough to indicate the cadastral number of the property, according to which the required point on the map will be displayed.

The map highlights the lost land with a red outline, which makes it easier and faster to register the property. If the outline is not highlighted, but the possession of others is not indicated, then it will be necessary to form a site at the expense of the land of the city or region.

Before claiming the right to dispose, you should decide on who owns the land of an ownerless character. If such plots are owned by the state or municipality, then a fee will be required to obtain the plot.

To carry out the procedure for registering an ownerless plot, you first need to find the owner of such. To do this, you can contact Rosreestr.

Attention! The following methods of handling are allowed:

  • personal appeal. To implement the procedure, you will need to obtain a coupon in a special terminal of the institution, as well as pay a state fee of two hundred rubles
  • send the document by mail or to the institution's email address. Here you will also need to pay a state fee, as well as draw up an application according to the model offered on the website of the state body. If electronic means of submitting documents are used, an electronic signature will also be required.

The term for obtaining information for any type of application is no more than five working days.

A common option is to refer to the Rosreestr website. This procedure is simple, which speeds up the application process.

In order not to be mistaken when working with the site, the following steps will be required:

  • the section "Electronic services" opens
  • a request is made to provide the relevant information
  • making payment according to the instructions, which will be sent to the email address specified during registration and formation of the application.

Five days later, an email will be sent to the e-mail address with a key that opens access to documents for downloading.

Also, documents are legally determined that can confirm the absence of the owner of the site or the fact that such is unknown:

  • papers provided by real estate registration authorities, which indicate that the land belongs to the state, a specific region or municipality
  • paper issued by a government body that registers rights to real estate in accordance with federal law.

You will also need to get a paper that would confirm the fact of the owner's refusal from the land plot.

As soon as the ownerless plot is acquired, that is, it was bought out with the preparation of a purchase and sale agreement, you need to formalize the ownership by passing the registration.

Attention! This will require:

  • statement
  • applicant's identity document
  • power of attorney with the participation of a representative
  • cadastral passport
  • land purchase agreement
  • signed act on the fact of acceptance and transfer of the site.

Based on these papers, a decision will be made no later than five days later.

ATTENTION! Look at the completed application form for the provision of a land plot in ownership:

There are several examples of procedures that can be carried out on land plots. Each has its own specific features.

Accession

Accession is allowed only when the interested person, by right of ownership, owns the land that has adjacent borders with the site to which the accession is to be carried out. The procedure can be drawn up in accordance with the Civil Code of the Russian Federation or by holding a special auction to obtain the right to the second site.

Privatization

This procedure is the so-called buyout of a plot from the municipality. However, for privatization it is necessary to look for potential owners of the site, even if it existed for a long time as ownerless.

In such a situation, you will have to pay for the land. The second option is to use the land for at least fifteen years, which is possible only in the absence of owners or the impossibility of finding such.

Please note! The first thing to check when trying to acquire ownership of an ownerless land is the existence of real owners. If the land was part of the SNT, and the member of the partnership acting as the manager has not appeared for a long time, then the site goes directly to the SNT.

When the site was inherited, but in fact the ownership was not registered, then this can be done freely by any person claiming the land, of course, with the consent of the heirs. If there are no heirs, then a different procedure will apply in accordance with the legislation of the Russian Federation.

Also, to obtain the right to land that does not belong to anyone and is recognized as ownerless, you must always remember about a period of fifteen years. If the ownership was carried out at least a couple of months less, then it is not possible to claim ownership of the property.

Watch the video. How to register a plot of land in gardening or horticulture in ownership:

When faced with an abandoned land plot, people often think about registering an ownerless land plot. Someone wants to expand their own property, but someone simply does not want to see mountains of garbage and weeds next to them. This article will help you figure out how you can get the rights to such a site.

The content of the article:

To start searching for information on an abandoned site, use the electronic public cadastral map of the Russian Federation. To do this, just go to the official website of Rosreestr. With its help, you can track whether a previously abandoned area was formed.

Find your own allotment on the electronic map. This is quite simple to do. In the upper left corner on 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 certificate of state. registration.

After finding your own plot, it remains to find and examine the ownerless plot on an electronic map. The red outlines that outline the land area indicate that the land was previously accounted for. And this already greatly facilitates the acquisition process. If it was not possible to see the outlines of an abandoned site, then it will still need to be formed from city or state lands.

It is important to understandthat at the legislative level, land plots are classified as real estate objects. Ownership will arise only after the registration is made in the unified state register of real estate. For its implementation, it is necessary to 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 land not owned by citizens, municipalities and legal entities are recognized as state property.

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

So, if you decide to buy an ownerless land plot, first you need to find the one who owns it.

To do this, you need to contact Rosreestr and request an extract from the USRN.

There are several ways to get this information:

    • Apply to the registration authority in person... After arriving at the appropriate government agency, take a ticket to get to a specialist. It is advisable to pay the state fee before communicating with an employee of the organization. Requisites, as a rule, are located on the stands or on the counter of the consultant. Payment terminals are installed in the lobbies. The size of the state duty is two hundred rubles, excluding the Bank's commission. With the help of an employee, an application is filled out. Documents are submitted after five working days.
    • Contact is possible by the post office of Russia or e-mail to the same government body. To do this, you must fill out an approved application form and pay the fee established by the state. The applicant's signature must be certified by a notary when sending an appeal through the post office. When sending a request by e-mail, you must have an electronic digital signature. The term for receiving information is the same five working days. This method is suitable for those who do not want to stand in queues and have sufficient knowledge to correctly fill out an application.
    • It is possible to request information through the Rosreestr website... Everything is very easy here. You need to select the section "Electronic services", in which you can submit a request to obtain information from the USRN. Then the payment instruction will be sent to the specified e-mail. After five days, a message will be sent to your e-mail. It will contain a link and a key for viewing and downloading an electronic document.

    It will require information from the administration and architecture. We'll have to spend money on a topographic survey of the earth.

    By ordering a topographic survey, you close several questions at the same time:

    • Firstly, if the land is state property or belongs to the municipality, then for constructive communication the representative of the state or municipal authority 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 no section of the road or backwater will be allocated to private property.
    • Secondly, the presence of this document is directly related to the formation of the site diagram. It will be needed when allocating a site from city or state lands.
    • Thirdly, topographic survey will help you make the final decision whether you need to purchase a land plot. After all, there is a possibility that some communications pass through the site. Their presence can complicate or even make impossible any construction on it. And then it turns out that on this site, except for planting flowers or vegetables, nothing else can be done. So the results of the topographic survey can change your decision to purchase land.

    We will proceed from the fact that the site of interest belongs to an individual:

    • The firstthe thing to do is find the owner. After that, you can agree on the sale and purchase with him or his heirs.
    • Second, this is a mandatory fixation of all agreements reached by signing a preliminary purchase and sale agreement. In it, write down in detail the rights and obligations of both the seller and the buyer. This nuance will not allow the seller to unilaterally change the agreements reached. Consequently, he will no longer be able to change the value of the site or abandon any oral promises.

    If the search did not give anything. And it was not possible to find the owner or his heirs. There is a way to get the desired land. And he is completely legitimate. The legislation provides for such a concept as “acquisitive prescription”. This is one of the reasons for the emergence of property rights.

    Relying on it, a citizen, not being the owner of the object, has the opportunity to obtain ownership of real estate, if he has owned it in good faith, continuously and openly, like his own for fifteen years. Based on the wording of the law, ownership in this case must be continuous.

    The law does not establish specific circumstances under which the limitation period in respect of immovable property can be stopped. It should be understood that a vindication claim cannot serve as a basis for the suspension of the term. The good faith of possession implies that the person did not know, and should not have known, about the illegality of his possession..

    The openness of ownership is an important factor. This means that a citizen - a prescription owner should not conceal from the public the use and ownership of such property.

    Above all, the ownership of the property must be as one's own. It is understood that the owner, by limitation, must possess the property not under a contract. Considering all of the above, the recognition of a citizen's property rights on the basis of acquisitive prescription is possible only if these factors are present.

    Sometimes gardeners who have traditional 6 acres and come to the country every season, there is a desire to expand the economy. There are all documents for the land on your plot, the contributions are paid regularly. And here, just behind the fence, there is another 6 acres of wasteland, which no one seems to need. There would be a dream garden, but where to look for the owner is not clear, and to arbitrarily engage in someone else's land is against the law to go.

    Land plot according to Art. 255 of the Civil Code of the Russian Federation is recognized as ownerless (ownerless), if the owner is unknown or died, there are no relatives. Situations are different: when contacting Rosreestr, it may turn out that the owner of the site at one time carried out a land survey and has all the documents in his hands, but over the past few years he has not appeared at the dacha and has not paid contributions (if it is SNT land).

    Interested persons can obtain reliable information about the owner of the site from the chairman of their partnership or from neighbors. If it is possible to find the owner or his relatives, in most cases it is realistic to conclude a purchase and sale agreement.

    Ask your neighbors who owns the abandoned plot - surely someone knows something

    If it turns out that the owner is not alive, and the heirs do not have any documents confirming the ownership of the property (and, of course, they also do not deal with the site and do not pay fees), it is worth contacting the archive for the restoration of documents. In any case, it is easier to negotiate with the owners than to recognize the site as ownerless.

    The official (documented) refusal of the owner from the right to own his real estate can be considered the basis for recognizing the site as ownerless.

    The renunciation of ownership does not in itself entail the termination of the rights and obligations of the owner in relation to the relevant property until the title to it is acquired by another person.

    Civil Code of the Russian Federation, Art. 225

    The legal basis for the transfer of property from one owner to another is the Civil Code of the Russian Federation

    As a rule, the person concerned initiates the recognition of the site as ownerless, for this you need to contact the Land Committee at the place of residence with a corresponding application. After consideration of the application, the plot is transferred not to private hands, but to the ownership of the municipality. From that moment, the partnership to this land no longer has any relation and only local authorities have the right to dispose of the site.

    Forum residents-summer residents agree that it is difficult to register an abandoned plot in ownership - almost always. Everyone has different obstacles - uneasy relations with the chairman of the partnership, disagreements with neighbors, the owner's move to another region, and sometimes to another country, the lack of documents for the plot of the heirs, and so on. In fact, it turns out that all these and other problems can be completely resolved with a few additional efforts - the main thing is not to abandon what was conceived (this is again advice from people who have gone through the entire procedure from concept to result).

    The best place to start is looking for an owner. And you should prepare for a conversation with him and find out:

    • the cadastral value of the site that you want to register for yourself. This argument must be used if the owner overprices the land.
    • unpaid contributions and other debts on the site (if you want documentary evidence of the debt, you can go to the chairman of the partnership and get extracts on non-payment of contributions. But such certificates are additional expenses, and not at all necessary).

    Rosreestr will help to clarify the cadastral value of an abandoned site

    It is imperative to find the owner. Remember that nothing is impossible and we now have the XXI, not the Stone Age. A person must live somewhere! You return to the same address, interview all the neighbors, right up to the neighboring houses, until you get the information you need. The answer is that "apparently, he does not live there" - forget it. If tearful polls give nothing, go to the nearest passport office and fall at the feet of passport officers, you can grab a cake. They must have information. Write down all data and all gossip (wife, children, etc.). The passport office should know! If they don't make contact, see how they work in shifts, go to another shift or to another office. Try searching on social media. As soon as you find a person, and you have him as a direct owner, go to the sale and purchase transaction. I assure you he will be happy to sell you the land. If it happens (like the found children of the owners of my site) that he does not have a single document in his hands for the site, go to the archive and restore the documents.

    It is good if the owner or heirs are found and he (they) have all the documents for the site in their hands. If there are no documents, they will need to be restored and surveyed again (without it, the sale and purchase transaction will be invalid).

    The owner must have in his hands all documents of title, including land surveying

    If it was not possible to find the owner of the plot, or for some reason you did not start looking for him, you can immediately contact the regional committee of property relations with a request to lease the land for farming. Based on the results of consideration of your application, the land will be transferred to the ownership of the municipality, and then the new owner is determined through an auction.

    Local governments, in accordance with current legislation, place an advertisement in the local press about the bidding and set the starting price of the sale (usually it corresponds to the cadastral value or its share). Within the specified time frame, all citizens interested in purchasing the land plot can participate in these auctions. The winner, as in any auction, is the one who gives a large amount for the site. Beneficial categories of citizens - large families, for example, can apply for a free plot of land.

    All chairmen buy 2-3-4 plots of this kind during their reign. It's called being by the water and not getting drunk. Buy for a penny and sell as usual.

    innazolotova75

    In Russia, it is a widespread practice to look after someone else's land, which has not been visited for a long time. Neighbors can cultivate the land for 10-15 years, uproot trees, weed out and eat from this land. It will be good if such an "AWOL" goes unnoticed and the suddenly announced owner does not demand compensation from the person. To avoid such a problem, it is better to first register the land for yourself, and only after that expand the economy. Everything can be done according to the law, there are opportunities for this now.


    Most of modern parents who have received maternity capital are wondering whether it is possible to register the land plot acquired for construction not for themselves, but for their minor infant, in order to be able to spend children's funds on this particular site and house. The question is asked - is it possible to register a land plot for a minor, especially if this minor cannot write or speak.

    To the great joy of parents, such a legal operation can indeed be carried out using legal advice on land issues, as well as the fact that from the moment of birth the child is considered to have legal capacity, which means that it is completely allowed to conclude any legal transactions on his behalf.

    Until the child reaches the age of 14, all transactions with the real estate belonging to him, including the payment of duties and taxes, will be carried out by the parents, or legal guardians, from 14 to 18 the child, with the permission and written consent of the parents, can independently manage the real estate. In order to register land for a child, you will need documents such as:

    • Certificate of ownership of land - an act of donation, purchase and sale, transfer of land by inheritance, exchange
    • Birth certificate of a child, children
    • Passport of both parents, or one of them with the written consent of the other
    • Cadastral passport and extract from it.

    As can be seen from the above, it is quite simple to register land for a minor on your own. You just need to make the appropriate decision and go to the notary, who is responsible for the legal side of the transaction. An experienced notary will certainly advise on all issues that have arisen, which will help to avoid further difficulties, the occurrence of which cannot be predicted.


    Watch the video: Transferring Vacant and Abandoned Properties


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