Quite often, citizens are interested in when ownership of real estate comes. This question is extremely important. Especially for those who plan to purchase real estate in the near future. We have to understand all the features of the mentioned process. What should everyone know about him? What are the nuances of the emergence of property rights to property will have to be considered? How to register property? Where to go for such help? Having understood all this, you can easily own, use and dispose of any of your property!
Description
The first step is to understand what exactly is being discussed. Ownership of real estate arises under different circumstances. About them will be discussed later.
First you need to remember that the concept being studied characterizes the citizen's right to perform various transactions and operations with his real estate. Ownership allows you to own, use and dispose of property.
In the presence of this component, a person is recognized as the owner of the property. But these rights have to be registered without fail. In any case, when it comes to real estate.
About real estate
An important point is the awareness of the term "real estate". What it is? What objects can be attributed to this category of property?
The established Russian legislation indicates that under real estate most often apartments, houses, villas and land are accepted. Less often - rooms and places for cars (including garages). Shares in the listed property are also recognized as real estate. Construction in progress is also referred to this property category.
How exactly is the registration of ownership of real estate? What should every modern resident of Russia know about this process? Answers will be found below. In reality, everything is not as complicated as it seems. And even a person who is poorly versed in legal issues will be able to understand when he has property rights.
Ways to acquire property
It should also be noted that in Russia there is a huge number of layouts in which you can get property in the property. When does ownership of real estate come about? It all depends on the circumstances in which it was acquired.
In general, in practice, the following scenarios are most often encountered:
- gifts;
- inheritance;
- purchase;
- rent followed by redemption.
Also, property (including housing) can be obtained during privatization or by court decisions. These are all fairly common situations, but they are not exhaustive.
About purchase
Now consider the layouts in more detail. Recognition of ownership of real estate without a court is based on certain securities. Their list depends entirely on the method of acquiring property.
The most common real estate transaction is the sale. In this case, citizens conclude an agreement between themselves. After signing it, the buyer must come to Rosreestr and register himself as the new owner of the apartment or other facility.
It is generally accepted that after registration with the Rosreestr, citizens acquire property rights. But in fact, they arise a little earlier. When?
At the time of signing the contract of sale.It can also be considered that the right of ownership of real estate arises during the execution of an act on the transfer of property. But finally, the buyer can be considered the new owner only after registration of rights in Rosreestr.
Mortgage
The next common case is a mortgage. Recognition of ownership of real estate in this situation requires special attention.
The thing is that the transaction is carried out on the basis of a mortgage agreement. Under such circumstances, a pledge of real estate is implied in exchange for a loan or a loan. Borrowers transfer ownership of the property to the lender, but in fact they continue to use the property. Similar obligations arise after signing a mortgage agreement.
The legislation of the Russian Federation indicates that the mortgagor owns mortgage property. He has the right to use it and even benefit in one way or another (if such possibilities are provided for by the contract). The mortgagor retains responsibility for the maintenance and bearing of various expenses for the property.
Important: with a mortgage, the citizen’s property rights are limited. For example, the owner cannot just sell his property. Full ownership of real estate arises only after the repayment of the mortgage and interest on it.
Hereditary affairs
But that is not all. Increasingly, citizens receive property by inheritance. Almost everyone will face this process sooner or later.
Applicants for property become full owners after the opening of a will or record keeping on inheritance. Registration of rights in Rosreestr in this case is needed, but it does not play a role for property rights.
But that is not all. It is clear when the title to real estate comes upon inheritance. You will only have to remember that before registering property in the cadastral chamber and receiving an extract from the Unified State Register, a citizen will not be able to carry out real estate transactions. The maximum allowed to a person is the use of property and renunciation of inheritance. But to refuse the already accepted inheritance will not work.
Gift Acceptance
You can also get property under a gift contract. This alignment is also very common. Especially in families where citizens are afraid of the division of property in a divorce. Property received under a deed of gift is recognized as personal. It does not divide upon divorce.
Recognition of ownership of real estate is carried out on the basis of a gift agreement. In this case, the right to property arises, as it is not difficult to guess, at the time of signing the agreement, or on the day specified in the contract.
Courts
In some situations, citizens have to resolve the issue under consideration in a judicial proceeding. This is possible if someone does not agree with the operation, for example, with a donation.
Recognition of ownership of the property will be based on a court decision. After issuing the citizen the resolution of the established form, it will be possible to contact the registration authorities to obtain the relevant title papers.
Privatization
You can also get ownership of housing or other real estate in privatization order. This process describes the procedure for re-registering state property into private property. Usually, privatization is free, but only once in a lifetime. It is available only to citizens registered on the territory.
The basis for the start of the operation is a social contract of employment. The registration of a person is also taken into account. But for the registration of property rights, a privatization agreement is useful. At the time of its signing, residents become full owners of the property. Remembering these features is not difficult.
About the registration authorities
And where exactly today is the state registration of ownership of real estate? Some bodies are involved in this task.
Namely:
- cadastral chambers;
- Rosreestr;
- MFC.
In practice, registration through multifunctional centers is increasingly found. But still, people are turning to Rosreestr for a service. This is the simplest solution. It is necessary to go to the service at the location of the property. But you can contact the organization for registration.
The timing
Now it’s clear when the right to own real estate comes. In life, there are various operations and transactions for this. How long does the registration of ownership of the property take?
According to the law, 10 days are allowed for registration in Rosreestr. But in real life, delays of a specified period are often found. No liability is provided for such a violation. Therefore, citizens can only wait for the readiness of certificates of the established form.
Guide
But that is not all. A huge role is played by the direct process of registering property rights to real estate. How to act in a particular case?
A citizen will have to:
- Collect the list of documents requested by the registration authority. It depends on the specific situation.
- Pay state duty in established amounts. It does not always take place.
- Write and submit an application to the registration authority. Prepared papers must be attached to the request.
- Expect readiness of title deed. Now the registration authorities issue extracts from the Unified State Register.
That's all! In fact, with the right actions, you can easily obtain a certificate of ownership of the "real estate".
About Documents
Documents on the right of ownership of real estate during registration are provided different. But in general, their list can be represented in the form of a specific list.
It looks like this:
- applicant's identity card;
- statement of established form;
- document proving the acquisition of property rights;
- checks and statements indicating the payment of a fee.
Nothing more is required. As already mentioned, the grounds for ownership of real estate are many. What other documents may indicate that a person should register ownership of the property?
Other evidence
They are diverse. But in practice, the following papers are very common:
- certificates of pledge;
- property exchange agreement;
- annuity agreement.
The certificate of ownership will necessarily indicate the basis document, which allowed to register the property.
About Fees
Perhaps all the essential features are now known to us. Now it’s clear when the right to own real estate comes. And how to register them with Rosreestr is also clear.
How much should I pay in the form of state duty for the operation? It all depends on which category of recipients the new owner belongs to. The role is also played by the value of the property. The cadastral price tag is implied. Therefore, the size of the fee is better to clarify with respect to each property in the registering authority.