Today we will learn how to obtain a certificate of ownership of land. Quite an important point that interests citizens more and more. Especially those who plan to rebuild their own home. They just need to get this document. Otherwise, huge problems will appear in the process of construction and living. But the features of this case are full. About them remains to be learned further. How can you secure ownership of land? The law indicates that not in all cases you will have such an opportunity. But why? What conditions must be observed?
When there is a right
Not all citizens are able to take possession of a land plot. In Russia, there are some restrictions on this. Which ones? It should be noted right away - they are not too common. Therefore, often the population simply begins to prepare for the process by collecting relevant documents. And if it becomes impossible to obtain land ownership, the process is suspended.
Understanding the limitations and remembering them is not very difficult. A certificate of ownership of land can be obtained when you have the right to inherit for life. In other words, if you accept the inheritance, but there are no documents for real estate and land.
There is also a right to perpetual use. In a similar situation, the population is also able to carry out the task. The lease agreement also allows you to do the design. But he must be concluded with the administration of the district or city.
Inheritance
Property rights it is possible to draw up a land plot through a notary public. Typically, this opportunity occurs when entering into the inheritance. Moreover, before they expired 6 months after the death of the testator.
To get land, you must come to a notary public with a passport (sometimes also documents confirming kinship) and write a statement of consent for the acceptance of property. Further, you will need a certain list of documents (about them a little later), which must be presented. In exchange for them, you will receive a special extract-certificate for the site. It will be notarized. This document makes it possible to obtain a certificate of ownership of land.
Have to go through the registration. To do this, contact the MFC or Rosreestr. Of course, with a certain package of documents. About them, as already mentioned, a little later. After completing the registration, you will be given a certificate of ownership of the site. The main problem here is the collection of all documents. And nothing more.
From the municipality
Recognition of ownership of the land is possible without inheritance. In this case, you have to act a little differently. And you need to communicate not with a notary public, but with the municipality. Moreover, if you register the land for unlimited use or under a lease, in addition some manipulations will fall on your shoulders. You spend them completely at your own expense.
The first step is to get a geodetic plan of the earth. Without it, contacting the municipality is useless. There are special centers for issuing thereof. They draw up relevant plans and issue them. The approximate cost of the service is about 1,000 rubles.
Next, order a master plan of the land in the BTI. Ownership of a land plot can be registered only after carrying out a land survey thereof.At the end of this procedure, you will be issued a cadastral passport. With it, contact the Rosreestr and register the site, and then register the legal rights.
Not for free
The so-called land price plays a huge role. More precisely, then, how much will it cost on average to take it into ownership. The direct cost of the plot does not play a role here.
The thing is that you are obliged to pay the so-called state duty when you receive the inheritance, and when you own perpetual rights / have a lease agreement with the city administration. Without it, you can not get a certificate of ownership of land.
Upon receipt of the land from the testator, the fee will be 1,000 rubles. Otherwise, you will have to pay 2,000. Be sure to save all checks and payment documents and remove copies from them. They will come in handy without fail. Failure to pay a fee is a good reason for refusing a request.
The timing
Some are interested in how long the implementation of the task set before us today takes place. If you do not take into account the direct collection of documents. In principle, ownership of the land usually takes about 7-10 days. But in practice, you usually have to wait 2 weeks.
As you can see, not too long. Although a lot depends on the workload of the registration chamber and the registry. Sometimes you may hear that it takes up to a month to wait for an answer. But this happens extremely rarely. If we take into account the direct collection of all documents, then after about 2-2.5 months you will have a certificate of ownership of land on your hands.
Not all land
You should pay attention to the fact that not all sites can be privatized. Limitations are not so common in practice, but they do occur. Even if you bring all the documents, it will be impossible to carry out the idea.
If the site is managed by the country's security services, privatization will be denied. For example, if the earth or the space above it has some special strategic significance. Also, land that may be under the control of the country's military forces is subject to restrictions.
Ownership of agricultural land (state) cannot be formalized either. Only on a private plot to be used for agricultural activities. Reserves, as well as areas of cultural or scientific value, also cannot be privatized. There are no more restrictions.
Documents
Of course, documents play the most important role in the entire process of obtaining a certificate of ownership. And not only to the ground. Problems usually arise here - the list of necessary "papers" is very large. You will need to prepare, regardless of the situation:
- application for registration;
- cadastral passport;
- market assessment (it indicates the value of land, often needed for a notary public);
- ground document to confirm the possibility of registration (employment contract, extract from a notary public, and so on);
- civil passport;
- extract from the BTI;
- state duty payment payments.
It's all. It would seem that not too much. But this is usually not enough. Yes, and get the listed documents is very problematic. In certain cases, additionally have to present certain “papers” to the registration chamber.
Special cases
Which ones? If we are talking about inheritance, then the notary, in addition to the above documents, must provide:
- death certificate of the testator;
- marriage / divorce certificates;
- birth certificates of children (minors);
- assessment of the value of the inheritance (land price);
- certificates confirming kinship.
It is advisable to have them with you when registering. But if the certificate is obtained with the right of unlimited use of the site or in the presence of a contract of employment, the list of documents must be attached:
- certificate of land surveying;
- geodetic and land master plans.
This is how the recognition of land ownership takes place. As you can see, if you do not take into account paperwork, the process is not too difficult. But it should be approached with special responsibility.
