The Office of the Cadastre and Cartography carries out registration of ownership of the land. Documents of legal nature - an identity card and a certificate containing the following information:
- Date and basis for extradition.
- Information about the subject of law.
- Type and object of law.
- Cadastral number (or conditional).
- The encumbrance of rights.
- Information on entering the Unified State Register.
- Stamp and signature of the registrar.
The information in this document, both about the object and about the subject of law, is individual in nature. The object of law is a personal use plot with the indicated purpose. Subject - the person who is the owner of this site.
First title deeds
Historically, registration of ownership of land has been under way since 1992. All citizens were issued forms of A5 format. Sheets of yellow are more common, less often - blue and green. The main columns contain information about the owner, about when the document was issued and by whom, what is the area occupied.
The number of the entry in the Economic Book of the heads of the settlement is also indicated. Later, in 1995, handwritten forms were replaced. A single sample of the certificate was adopted - an A4 format document of pale pink color with a double spread. However, the amount of information and the method of their formation have not changed, which subsequently led to a distortion of information, the presence of numerous technical errors.
State registration of land ownership. What is the basis?
The issuance of a document of ownership is preceded by a cadastral registration procedure, and it begins with a request for available information in the cadastre service. To do this, you must pay the state fee and order a cadastral passport to the existing site. In each branch (by region), according to territorial affiliation, contains information about previously issued certificates. They are taken from the Household books of the heads of settlements and other documents stored in archives. They form land passports. The cost of the request ranges from 200 to 400 rubles, excluding bank commission. The term of the service is from 6 to 8 business days.
We change the old form. What to look for?
The received cadastral passport contains 16 points. Of interest is the following:
- Location and category.
- Using.
- Sizes.
- Legal information.
In order for the registration of ownership of a land plot to be lawful, the information in these sections must coincide with the data of the previous title document, regardless of its form, type and date of issue. Clause 14 contains information on the scope of liability. The absence of such is not a reason for refusing to receive a certificate of a new sample.
All discrepancies are considered a technical error. Corrections are made at the personal request of the owner (heirs) within a period of 8 to 10 days. There is no state duty.
Alienation of the land
Giving, buying and selling, bartering, privatization is an alienation: a change of ownership, and, therefore, evidence. For this procedure, you will need a cadastral passport, as well as identification documents of the parties to the transaction, an agreement on the type of alienation, a receipt for payment.
The state duty on alienation is 200 rubles (excluding bank commission) for the official stamp issued to the new owner.After the registration of ownership of the land is completed, the former owner receives his certificate with a red stamp, indicating that it is invalid. The deadline is from 4 to 6 business days.
Alienation Suspension
An alienation transaction will be suspended for an average of 1 month if the information in the cadastral passport does not correspond to the certificate. In this case, the parties to the transaction will receive a notification indicating the reason for the suspension and the timing of its elimination. After making corrections, registration of ownership of the land will again become available. The state duty is paid again.
The exception is personal data (change of passport, last name). Their legislator allows changing in the State Register of Rights during the procedure of alienation. In this case, it is necessary to pay an additional fee of 200 rubles.
Inheritance
Upon entering into the inheritance, a notary from future owners (circle of heirs), in addition to the main documents, will require the following:
- Certificate of ownership (of any type) in the name of the deceased.
- Cadastral value.
- Assessment of the land at the date of death.
The cost of a land plot by cadastre is indicated in clause 12. It may differ from that which the valuation company will establish when preparing the report. To calculate the payment for his services, the notary will accept the cost on the day of death. The notarized state duty will be from 3 to 5% of the amount established by the appraiser.
After all the information has been brought into compliance with the requirements and the formalities for the registration of the hereditary mass have been observed, a notary issued a stamp form confirming the rights of the heirs.
Next is the registration of ownership of the land by inheritance with the application of all related documents. A state duty of 200 rubles and a bank commission are paid. Deadline - from 4 to 6 days.
Judgment
Heirs who did not take their rights in a timely manner have the right to restore them in a judicial proceeding. To do this, a lawsuit is filed with the local court:
- On recognition of rights to a land plot not previously included in the estate.
- On the inclusion of land in the hereditary mass.
What gives recognition of law? In fact, this allows you to bypass the notary, and therefore, to avoid part of the cost of registration. In this situation, a court decision is a document, the basis for issuing a state-issued certificate. The state duty is a percentage of the cadastral value, according to the Law on Taxation. In practice, it is several times less than the notarial fee.
The decision to include in the estate does not give property rights. This type of decision is rather a basis for a notary public. Therefore, it will be necessary to fulfill all notarial requirements and incur corresponding expenses.
What if there are no documents?
Situations where the owner does not have a certificate may arise for the following reasons:
- Loss.
- Violation of land use boundaries.
- Previously issued for unknown reasons.
According to the legislation, the registration of ownership of the land is not repeated. A duplicate is issued upon personal appeal of the owner. For this, an extract from the Unified Register of Rights is ordered. The state duty will be from 200 to 400 rubles, the execution time is 1 day. If the information is confirmed, then the cadastral passport is ordered under the same conditions, and then a duplicate.
In case of violation of the boundaries of land use (self-capture, unauthorized construction, violation of the conditions of the urban development plan and other actions, including a court decision) and the absence of a certificate for unknown reasons, citizens are obliged to put a private land plot on the cadastre. This will require land surveying: establishing the boundaries of responsibility of the existing site and objects located on it. The basis for this type of work is the registration of ownership of the land.
Deadlines and cost of work are set by the company that provides this type of service. On average, it costs from 15 to 20 thousand rubles, the term - from 1.5 to 2 months. The received boundary plan shall be submitted for registration to the local cadastre service, and registration shall be made within 1 to 2 months. In this case, the state duty will be from 3 to 4 thousand rubles. As accompanying documents, an extract from the Household Book of the head of the settlement (for the district) and the Resolution on Assigning the Address will be required.