Land is property that is always in value. It can be rented, bought or inherited. Naturally, this issue should be considered in more detail, because almost every person sooner or later encounters him.
Key Terms
First you need to understand what constitutes the definition itself. So, the inheritance of a land plot or something else is the transfer of movable or immovable property and rights to it to private property to another person from the previous owner after his biological death. Naturally, the successor receives certain responsibilities that he will have to fulfill. For example, if he got a car, he will be obliged to pay all taxes specified in the legislation, undergo a technical inspection and insure his vehicle.
Note that the heir can be either one or several. If he is not there, or he is suspended from the right to receive property, then all property is transferred to public use. Naturally, a person who was not given the opportunity to receive an inheritance can go to court and prove that he deserves it.
Land purpose
This factor is determined in accordance with the law. For example, you have the opportunity to use the resulting plot for:
- Cultivation of agricultural products.
- Construction of a house, garage or other structure.
- The implementation of commercial services or retail.
There are other forms of designated areas. The Land Code will help you decide on them.
What problems can arise?
When carrying out such a procedure as inheritance of a land plot, land law provides for two ways - by law and by will. But the process itself may be coupled with some problems that are sometimes difficult to fix:
- The court has the right to declare the recipient unworthy. Moreover, he will no longer be able to legally obtain ownership of the land. Some court decisions provide for the alienation of land in favor of the state.
- If the site is not privatized, then it is impossible to inherit it. In some cases, if such land was leased, it will simply have to be purchased from the lessor.
- If you live in another country or have non-Russian citizenship, problems with the registration of the inheritance may also arise. The fact is that you do not have the right to inherit agricultural land, as well as those allotments that are located in the border zone. There are other nuances of obtaining a land inheritance by foreign citizens, which are specified in the legislation.
- In any case, relatives can challenge the will of the deceased. If people who went to court win it, then the document that the previous owner left will be invalidated. In this case, other family members are called to the inheritance in order of priority.
What documents are needed?
In order to re-register the property received in your name and dispose of it, you will need to collect a certain package of papers. To legitimize the inheritance of the land, you must submit the following documents:
- Certificate indicating state registration of law.
- Extract from the archive, which states that the land was indeed leased (if the inherited allotment belongs to this category).
- Decision of local authorities on the allocation of land.
- A copy of the entry from the business ledger, which indicates the right to land.
- Cadastral passport of the site.It should indicate its value.
- Extract from the Unified State Register.
- A certified copy of the heir's passport, a birth certificate and a will (if any).
- A document confirming the death of the previous owner of the property.
In addition, in some cases, a contract of inheritance of a land plot may be necessary. More precisely (in legal language) this document is called an annuity contract, which is concluded between the land owner and the citizen, who undertakes to take upon himself the partial or full maintenance of the senior citizen and to care for him. In exchange for maintenance and care, an elderly citizen transfers his land to this secured person.
When should I go to court?
Even if you seem to have all the documents proving your right to inherit the land, the notary may refuse to reissue you. Most often this happens if there is no information about the state registration of the site.
Incorrect data can also cause the specialist to refuse to carry out the procedure.
If the heir believes that he was unlawfully deprived of his property, he can go to court. This is possible in two cases:
- If you want to claim recognition of your right to inheritance.
- If you consider the actions of the notary illegal or see that he is inactive at all.
As you can see, the inheritance of the land provides for the passage of fairly complex procedures that must be strictly followed.
Process features
Each transaction, especially such a serious one, has a number of nuances that must be taken into account. That is, now you will learn some features of the inheritance of land:
- Land may belong to a citizen both on the right of inherited tenure for life, and on ownership right.
- There are two ways to obtain a plot: by law and by will.
- The regime of land use, as well as their intended purpose, is established by the state. Naturally, it can change.
- The main principle of the LC is the unity of the site itself and those objects that are on it.
- If there are several owners of land, then as an inheritance, you should count on a share in the common ownership right.
There are a lot of such features. Their application depends on each specific case.
An interesting case is the case in which the inheritance of law land lease. I must say right away that this is entirely possible. However, along with the rights, obligations will also pass to you. Naturally, after receiving the inheritance, you will be able to make any changes to the lease.
What does the registration procedure provide?
So, the inheritance of the land involves the implementation of several stages:
- Discovery of the inheritance. It is produced after the death of the previous owner. The period for which the heirs must contact the notary is 6 months. If for any serious reason this could not be done, then the term can be restored in court. In this case, the recipients of the site must contact the notary already with a statement on the acceptance of the inheritance or refusal of it.
- Gathering the necessary documents and submitting them to a specialist. At this stage, not only the grounds on which you have the right to inheritance are checked, but also all your personal information. An annuity contract - in the case of this type of inheritance - must also be present.
- Obtaining a certificate of ownership.
If there are no unforeseen situations, then soon you will be the happy owner of the site. But keep in mind that the difficulties that you met earlier may arise at any stage of the procedure and even after its completion.
Features of inheritance of a site with a house
In this case, too, has its own characteristics.I must say that the site and the house standing on it are completely independent objects. That is, having received land, you can not become the owner of the structure. The testator has the right to dispose of his property as he pleases. That is, the house and the plot can subsequently go to different people.
However, if the constructed structure obtained by one person occupies part of the land that the owner wants to bequeath to another citizen, then the inheritance process is not possible in this case. Thus, the owner will not be able to make a will. The best option is the inheritance of the house and land by one person. In this case, possible conflicts between the owners are minimized.
What is lifelong inheritance?
It is a limited property right. That is, if a person receives a plot in this way, then he can only use it and own it. In this case, he does not have the right to dispose of land. However, this restriction is removed if the site is inherited. It should be noted that a legal entity cannot obtain the right of life inheritance of a land plot in any way.
There are other forms of obtaining property, for example, permanent (unlimited) use. Like inheritance right Permanent (unlimited) use arises only on land plots that are in state or municipal ownership.
Features of land inheritance by law
In most cases, the main document that provides the right of the heir to the plot is the will of the parents or other relatives. However, it happens that it was not compiled. In this case, the inheritance of the land is carried out by law.
There are 8 lines of recipients who can claim property. In this case, each subsequent heir will be able to register property only if the previous:
- Missing.
- It does not have the right to receive property or is considered unworthy of it.
- Deprived of inheritance.
- Abandoned the property.
Often, property can be transferred to the heirs of the second stage. This category includes brothers and sisters, grandmothers and grandfathers of the testator.
It should also be noted that if the recipients belong to the same category, then all property is divided in equal parts between them.
Features of the division of the site between several heirs
In most cases, the recipient who must draw up the property is not alone, so the property has to be divided. Then there are several independent objects of ownership. If the property is in shared ownership, then here the owners can share it at their discretion. If the parties cannot reach a common opinion, then court intervention is possible.
It should be noted that not all sites can be divided. It all depends on how many heirs apply for it, and also whether they will receive the minimum allowed rate. And even after the section, the right to preemptive purchase of the land is canceled if it is alienated from one of the owners.
That's all. Be attentive to your property.
