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Anyone who has ever been involved in litigation knows how much time is wasted. For lawyers, waiting for hours for the process to begin is part of the job, but for the average person, it can become a constant source of stress and waste a huge amount of work time.
We adhere to the principle “everyone does what they do best.” It would be more advisable to use the services of a qualified lawyer and calmly continue your professional activities.
Any real estate transaction is accompanied by the preparation of a huge number of documents. We live in a time when you have to pay for every piece of paper with a signature and seal. We understand your desire to save money and take part in a transaction or legal proceedings yourself without involving a specialist.
However, there is a risk that a carelessly or incorrectly executed document may turn against you. And if we are talking about such serious objects as real estate, then it still makes sense to enlist the professional support of a lawyer.
Any disputes, including those regarding real estate, are always associated with enormous nervous tension. Especially if you are poorly versed in legal subtleties and are in constant fear of committing the wrong action. Panic is not the best helper in such situations. It is better to entrust the solution to your issue to a reliable specialist.
People are involved in real estate transactions. This means that there is a high probability of including a large number of emotions. If we are talking about court proceedings regarding the illegal appropriation of real estate or its division, then the intensity of passions will be even stronger.
People are ready to fight for real estate by any means, forgetting about once friendly or family ties. The lawyer’s task is to smooth out the brewing conflict as much as possible and transfer it to a peaceful channel.
Regardless of whether our client is a plaintiff or a defendant, or he just needs help with paperwork for real estate, we carefully monitor the legal purity of the transaction and compliance with the law during all stages of our client’s case.
Is a will a legal document?
N 1767 “On the regulation of land relations and the development of agrarian reform in Russia”, which has become invalid); Certificate of the right to lifelong inheritable ownership of land; — certificate of the right to unlimited (permanent) use of land; State act on the right of ownership of land, lifelong inheritable possession, perpetual (permanent) use of land. All these certificates of state registration of rights to a land plot have legal force only together with the corresponding title document.
Acquisition through court
It also happens that you have to establish your right of ownership by filing a claim in court, that is, the basis for the emergence of ownership is a court decision. However, it will not be positive if the applicant does not have one of the following title documents:
The key feature of establishing rights through the court is that the court decision is indisputable and all claims will cease. This will not only protect the current owner, but also the next one if this object is transferred to him as a result of any transaction or inheritance.
What are title documents
- contracts of any types of alienation of property rights: purchase of real estate, its sale, donation, exchange, privatization;
- acts of the working commission that record the completion of construction and commissioning of the facility;
- notarized certificate of inheritance;
- court decisions or approved settlement agreements that determine the real owner of the apartment, house and land;
- papers confirming the absence of debts on payment of shares in GSK, DSK, and housing cooperatives.
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Lack of required papers
As practice shows, most citizens do not think about title documents until the issue becomes an issue. It often turns out that some papers are out of date or completely missing for some reason, be it lost or damaged. Be that as it may, they need to be restored.
If no transactions were made with real estate for many years, there were no inheritances, there was no actual transfer of rights, then citizens may be faced with a situation where the property was received before 1998 and after that no one really dealt with the documents. In this case, you will need to visit the territorial Bureau of Technical Inventory, where such old data is stored. Information about all objects acquired later than this time is available in Rosreestr. Making a request there will not be difficult, since a single database is accessible from any locality on the territory of the Russian Federation. To confirm your right, you need to order an extract from the Unified State Register of Real Estate. Next, you should start restoring other missing papers.
It is important to take into account that an extract from the Unified State Register has full legal force and on its basis any transaction for the alienation of real estate can be concluded. The easiest and fastest way is to order an extract from the USRN online or through the widget below. Around the clock, in just 5 minutes, you will receive complete information about the property according to official data from Rosreestr.
A sample extract from the Unified State Register of Real Estate about the main characteristics and registered rights, which you will receive through the widget:
A sample extract from the Unified State Register of Real Estate on the transfer of rights to a property, which you will receive through the widget:
The information in this article is provided for informational purposes only. We recommend that you contact our lawyer.
The most important things about making a will
It is quite possible that there will be several title documents for one object: for example, a purchase and sale agreement and a certificate of inheritance (if part was purchased and the other part was inherited).
An identification document for a land plot is, in accordance with subparagraph 25) of Article 12 of the Land Code of the Republic of Kazakhstan, a document containing the identification characteristics of a land plot necessary for the purposes of maintaining land, legal and urban planning cadastres.
P.; information about the subject of property rights: name of the person, passport and registration data, etc.
; type of legal relationship of the copyright holder to the property: in one’s own possession, by right of gift or inheritance. Legible text writing.
Full indication of the characteristics of the copyright holder, in particular, the full name of the citizen or the name of the legal entity, as well as their location.
- acts issued by state authorities or local self-government bodies within their competence and in the manner established by the legislation in force at the place of publication of such acts at the time of their publication; - contracts and other transactions in relation to real estate, concluded in accordance with the legislation in force at the location of the real estate objects
Any real estate transaction is possible only if there are title documents. In importance, these papers are comparable to a passport for a citizen. Just as a person without a passport cannot perform legally significant actions, real estate without title deeds cannot be sold, bought or exchanged.
Title documents serve as the basis for registration of rights. The list of these is given in Art.
The will has nothing to do with the fact that the house is declared unsafe.
Recognition of premises as residential premises suitable (unsuitable) for citizens to live in, as well as an apartment building as unsafe and subject to demolition or reconstruction, is carried out by an interdepartmental commission created by the administration of the municipality on the territory of which the residential building is located.
The commission, based on an application from the owner of the premises or an application from a citizen (tenant), assesses the compliance of the premises with the established requirements and recognizes the residential premises as suitable (unsuitable) for habitation, and also recognizes the apartment building as unsafe and subject to demolition or reconstruction.
These papers may be different: in Article 17 of Federal Law No. 122 of the Russian Federation dated January 21, 1997. An approximate list of such documents is provided. The legislation also confirms the legal validity of those papers that the owner received in Soviet times or before their current forms were adopted (Articles 6, 14 and 17 of Federal Law No. 122). There is no need to exchange them for new ones, but in order to make transactions, you should re-register your rights to real estate.
Basic requirements that title documents for real estate must meet:
- Compliance with the laws in force at the time of drawing up these documents in the place where this real estate is located.
- Availability of an accurate description of the object, indication of the specific copyright holder, as well as the type of right that has arisen to the property.
For different real estate properties there is a list of such securities:
- agreements on the alienation of property, as well as acts of acceptance and transfer thereto;
- decisions, resolutions, orders of authorities on the allocation, provision of land;
- certificate of inherited rights;
- court decisions that came into force, as well as settlement agreements.
- contracts of purchase and sale, exchange or gift;
- certificate of inheritance;
- a development agreement or a resolution on putting the house into operation (if the owner built it himself);
- solution of a dacha and garden cooperative (for garden houses);
- certificate of state registration of the existing right.
The right to ownership of a house, land, apartment or other real estate is approved by various papers. However, they alone will not be enough to take possession of a certain property. It is also necessary to provide documents that confirm the legality of the title papers. These are legal or legal documents.
Since 1998, operations relating to real estate have been handled by Rosreestr, which registers such transactions in the Unified State Register. Before this, such agreements were registered with the BTI, and starting from 2021, an extract from the Unified State Register is the only confirmation of the existing right to own real estate.
A title document is an act filled out on a state form, having all degrees of protection, which confirms ownership, if there is a record of this in the Unified State Register. There are several types of such papers for an apartment, depending on when the transaction was made:
- registration certificate from the BTI - provided upon confirmation of ownership of the apartment until January 31, 1998;
- a certificate of home ownership, which was issued in the 1990s;
- certificate of state registration of rights - valid since February 1, 1998 and confirms the rights to own any real estate.
- certificate of registration of ownership of a private house;
- a certificate issued by the selection committee on the commissioning of this object - if the house was built by the person who is selling it.
- certificate of ownership (lease agreement or transfer of agricultural land for temporary use);
- certificate of the right to permanent (that is, indefinite) use of the site;
- certificate of the right of inherited lifelong ownership;
- state act on the right of ownership, lifelong inheritable possession or permanent use.
If one or more documents confirming the owner’s ownership are lost or damaged, he needs to receive copies of them. Depending on which document is lost, you must contact: Rosreestr; to the notary who formalized the inheritance or transaction; to the developer with whom the contract was concluded; to the government agency that issued the document; to the other party in a transaction concluded from 1996 to 1998.
For a legal entity, the documents that confirm its right to own a certain piece of property are: purchase and sale agreements, donations, an act of acceptance and transfer of a constructed object put into operation, documents on the transfer of property by the founders as contributions (contributions) to the authorized capital, a decision on reorganization of a company (organization), separation balance sheet.
Types of title documents for residential real estate are classified depending on the method by which ownership was obtained: inheritance, purchase and sale, exchange, rent, gift, privatization, investment or shared construction. When making transactions, it is necessary to carefully study these papers, the legal accuracy of which can only be assessed by a specialist.
Legal documents that confirm the right of a legal entity or individual to commercial real estate: agreements of purchase and sale, donation, exchange, privatization, certificate of inheritance, act of acceptance and transfer of a new property put into operation, as well as an agreement for the division of commercial real estate.
When it comes to such common transactions as the purchase and sale of a house or apartment, which cannot be completed without a package of documents, the first thing that comes to mind is title documents. It is impossible to complete a single real estate transaction without them.
Title documents are as important for indicating the status of an object as a passport is for a citizen. Initially, this designation for these documents was applied in the “Law on State Registration of Rights,” article number 17. A list of documents that can be classified as such was also attached there.
Despite the fact that this article has lost force, the list of such documents is still used. The requirements for them were also outlined in Article No. 17 of the Federal Law of the Russian Federation:
- compliance with Russian legislation;
- indication of the copyright holder;
- determining the type of right to this property;
- technical characteristics for this object.
Conducting any transactions with real estate is possible only with documentary confirmation of ownership of it.
Usually two documents are enough for this:
Sometimes you may additionally need a technical passport.
These documents confirm the legal rights to the apartment and the owner’s ability to dispose of this property at his own discretion.
An apartment can become the property of a citizen for a number of reasons, and in each case a corresponding agreement is drawn up. on the basis of which the transfer of rights occurs.
Let's take a closer look at the main types of title documents for real estate.
This agreement is concluded between citizens and local governments that have the right to carry out privatization.
A prerequisite is that the privatized living space must be under the jurisdiction of this body, that is, located on its territory.
Ownership rights under such an agreement must be registered with the authorized registration authorities.
If there are several owners, then the certificate is issued separately for each privatization participant.
This document contains the following information:
If several citizens participate in privatization, then each person’s share is specified in the agreement. If joint property of spouses is registered, this is not done.
This document is drawn up in triplicate in writing. signed by the seller and the buyer.
It must contain the following information:
- Data about the property: apartment address, total area, number of rooms. This information must match the seller's title documents for the property.
- The price of the property.
- A list of persons entitled to reside in this apartment after the purchase and sale transaction has been completed. with a list of their rights to use residential premises.
A transfer deed is attached to such an agreement. signed by buyer and seller.
You can read more about drawing up an apartment purchase and sale agreement here.
Legal force of the document
Details are individual elements of a document included in the state standard “Unified Documentation Systems. Unified system of organizational and administrative documentation" (GOST R 6.30 - 2003) can be divided into three groups: 1) details that determine the legal force of the document; 2) details of the form and restrictive marks; 3) details reflecting the processing and movement of the document (paperwork marks). Some details are mandatory for all documents - their absence deprives the document of legal force: name of the organization, date of the document, registration number, text, signature. Other details are required for certain types of documents. For example, for letters you need reference information about the organization, the addressee, a note about the executor, and for orders - the name of the type of document and the place of its publication. Among the mandatory details there are constants , which do not change at all (for example, the name of the type of document) or for a long time (name of the organization), and variables (they change in whole or in part - date, title to the text, text, note about the performer).
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Is a will a property right?
The essence of the agreement is very close to investment, but is concluded between a developer company and individuals.
This method of constructing residential properties has been very widespread lately and allows you to purchase new housing. Almost all new buildings are built on the principle of shared participation.
In addition to the usual data, the document must indicate the deadlines for the delivery of the object and the provision of residential premises to the buyer, as well as the technical condition of the apartment.
It is possible to deliver the property with construction finishing and turnkey finishing.
This certificate is issued to the heir after six months from the date of opening of the inheritance.
To obtain the right to the property of a deceased relative, you must satisfy the requirements of the order of heirs.
The certificate in this case is for the heir a document of title to the apartment, which allows him to subsequently apply for registration of ownership of this property.
Before you can begin construction of a building or other work on a plot of land, you must have title documents in hand. In this case, for construction and permission for its implementation, the competent authorities may require the following title documents from you:
Before construction work is carried out, all these documents are submitted to the competent authorities, where a decision is made on a construction permit or a ban on its implementation.
Important! If the land is in your direct possession, then permission for further development is nothing more than a formality, but you cannot do without it, otherwise an administrative fine may be imposed on you.
As a rule, the most common form of property ownership in the Russian Federation is an apartment.
This object has its own separate title documents.
Let us consider in more detail the list of securities where the right to own property is secured:
In the case of an apartment, only with these documents can you perform certain actions with real estate.
For example, if you do not have a floor plan or a technical passport of the property, then it cannot be sold, donated or inherited.
Attention! The list of documentation contains a technical passport of the apartment, which is issued by the BTI authority; as a rule, this document is provided once and for life, however, if for some reason you do not have this document, then it should be issued without delay, since without it is impossible to carry out any manipulations with the re-registration of property.
What documents do property owners need to have?
This document is drawn up when one of the parties receives an apartment free of charge, without providing anything to the other party.
The deed of gift may be real or consensual. In the first case, the recipient takes possession immediately after registration of real estate rights; in the second case, this moment will occur in the future specified in the contract.
The gift agreement may be terminated by the donor if:
- The donee has committed a crime against the donor or his family members
- The agreement stipulates the right of the donor to invalidate the gift if he survives the donee.
You can read more about drawing up an apartment donation agreement and its conditions here.
Consists of exchanging one living space for another.
However, the exchange of municipal housing is possible only under the control of the municipality. The barter agreement in such cases is invalid.
In cases of unequal exchange, the party providing an apartment with a smaller area for exchange must pay the difference in price to the other party.
The exchange agreement necessarily includes passport and address information of all parties to the transaction, location, area of the apartment, number of rooms, additional conditions for the exchange.
The agreement is drawn up in writing in triplicate. It is important that the data for the apartment in the contract coincide with the data specified in the technical passport and the certificate of state registration of real estate.
Such an agreement is concluded between several parties and is aimed at the construction of a residential property with the help of investments.
The peculiarity of the transaction in this case is that the subject of the agreement is not a specific existing property. but only the developer’s obligations to transfer in the future real estate in the constructed house.
Although the investment agreement is the title document for the property, it will be possible to register ownership of the apartment only after the house has been put into operation and all the paperwork for it has been completed by the developer.
Usually a transaction is concluded between legal entities.
Title documents are documents on the basis of which rights to apartments, houses, premises, land plots and other real estate objects (or their shares) appear.
Since there are many types of rights, there are a sufficient number of different PUDs. They can be divided into the following groups:
- agreements of transactions between the parties;
- certificates of rights;
- decisions (decrees, acts) of government bodies and courts;
- certificates, declarations, etc.
Agreements are self-sufficient documents. In contrast, certificates of rights are valid in the presence of additional documents: wills, decisions of executive state and municipal bodies, courts, etc.
