To obtain a legal right to real estate, it must be entered into a single register by registering through the cadastral procedure, after which the cadastral passport is issued to the land owner. This paper is one of the main documents testifying to the right of this or that person to a certain real estate.
As practice shows, this procedure does not cause any particular difficulties, however, there is still a certain procedure for entering data into the cadastre, and therefore, in order not to delay the registration time, everything must be done in order to order a cadastral passport of the land plot. How to get this document and what papers are needed for this will be discussed below. It must be said right away that the procedure for all regions of the country is identical and does not have any distinctive features.
Highlights of the cadastral procedure
The most important rule for the cadastral procedure is quite logical and requires no explanation. It consists in the fact that only the owner or land user can receive the cadastral passport of the land plot, or the person for whom a notarized power of attorney was drawn up on behalf of the owners, which indicates that the trustee can perform such actions. It is worth noting that it is not necessary to draw up a general power of attorney, it will be enough special with an indication of the list of actions that a representative of the owner can perform.
Land to be registered
Just as not all land can be transferred to private ownership, not all land plots can be registered in the cadastre. You can register only those lands that belong to such categories:
- Sites that became property on the basis of the certificate of the copyright holder, the right of lifetime inheritance or perpetual use, lease agreement with the administration.
- Plots after merging by one owner or division between several owners.
Cadastral passport to inherited land
If a plot or allotment of land was accepted as an inheritance, and at one time the testator put it on cadastral registration, then re-registration is not necessary. Another thing, if there were several heirs, and the whole site was divided into shares. Then everyone needs to get a new one cadastral passport of the land. How to get in Tambov or any other city, read this document in the instructions below.
Land that is not subject to registration
It is very important to understand that not all parcels of land that were given for use are subject to registration in the ownership of individuals and entry in a single cadastral register. These include:
- Lands administered by the country's security services.
- Land of particular importance to the armed forces.
- Land with the status of reserves.
You can check whether the site that needs to be registered as property belongs to one of these categories in the Cadastral Chamber by requesting an extract from Rosreestr. This service is paid and involves the payment of state fees.
For example, you need to get a cadastral passport of a land plot in the Odintsovo district of the Moscow region, but there is no reliable evidence that the land is subject to registration.For verification, you need to visit the Cadastral Chamber and write a statement of discharge there, enclosing a copy of the land user’s passport and the spine of the paid receipt.
The first stage of registration is the collection of documents
So, you need a cadastral passport of the land, how to get this paper? First of all, we collect such papers:
- Documents that prove the rights to the land, including certificates, contracts, wills, gifts and other papers, by which you can determine the owner and land user.
- Consent from the Ministry of Property Relations, if the site is not yet registered as private property and is state-owned.
- A geodetic and boundary land plan, which can be ordered at any licensed company that provides such services.
If you need a cadastral passport of a land plot, how to get in Ufa, for example, this document, if a minor acts as the owner or land user? In such a situation, permission from the guardianship authorities to register in the land cadastre will also be required.
The second stage of registration - obtaining a passport
So, the whole package of documents has been collected and now it remains only to order a cadastral passport of the land plot. How to get? The Moscow region is this or another region of the country, there is no difference, the scheme is the same everywhere.
In the Cadastral Chamber, all owners of the site personally fill out an application form (or their authorized person makes it), attach a spine to it from the state duty receipt, which can be paid at the box office, and hand over all the papers to the registrar. In turn, the employee gives a receipt on the acceptance of documents for processing, in which a date is set when you need to appear for a passport.
The third stage of registration - obtaining a certificate
The cadastral procedure will not be completed if you do not reissue the title documents within two years from the moment the cadastral passport of the land plot was received. How to get these documents again so that the land does not become state property again? Now you need to visit the Registration Chamber and fill out the form therein, to which copies of the passport, cadastral passport and an agreement by which you can establish the owner can be attached. Here you should also pay the state fee and attach the receipt to the documents. The term for re-issuing documents is 14 days. After receiving new papers, the process can be considered completed.
Suspension of registration and its reasons
As in most cases, the process of paperwork can be stopped due to the lack of some necessary papers, but other problems may emerge during registration in the cadastre. For example, if the survey was not performed correctly or the site information was provided incorrectly. Quite often, there are technical errors made by the staff of the Chamber. In the latter case, the dispute can only be resolved in court.
It is worth noting that in order to start the process again, the reason for the suspension must be eliminated within a year, only in the end it will be possible to issue a cadastral passport of the land plot. How to get information about the process? Usually, employees of the Cadastral Chamber, upon detection of any problems that impede further processing, notify the owners about them and give explanations on how to fix them.
Refusal of registration and its reasons
What to do if a cadastral passport of a land plot is needed for forbidden land? How to get? Belgorod, Moscow, Ufa or Tambov, along with other cities of the country, strictly follow the rules defined by the Law, which contain a clear list of lands that cannot be transferred to private hands, and therefore the answer to the above question, regardless of region and locality, is always unambiguous. It is impossible to obtain this document for such sites by definition, since they are protected by law.
A refusal regarding registration in the cadastre can also be obtained if a third party requests it and is neither the owner nor the land user.
Registration will also be denied to those owners whose plots do not have approaches wider than one meter, a legally established easement (an agreement with neighbors on the passage through their possession) can be considered an exception.
