How to privatize land
You can dispose of your real estate only if it is yours not only de facto, but also documented; in any dispute and court you can confirm your right. No one can take away this right, unlike the right to use. A citizen can take care of his property, pay for it, live there throughout his life, but if the property is not privatized, he has no right by law to manage it.
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Privatization of land
Owners of houses with attached plots should be aware that problems with privatization may arise if the house was built illegally or if the property was illegally reconstructed. If you are reconstructing a building, want to reduce or increase its area, or engage in reconstruction, the process must be legalized. Otherwise, there is a risk of losing your plot and all rights to ownership. It is important to know that the owner may also lose ownership rights. If the owner has all the title deeds for the house, privatizing the land will not be difficult.
Forgotten site
Our story began in the countryside with the discovery of an inheritance. After the death of the owner of the house, the residential building itself and the garage, located on a rather large plot of land, remained. The owner of the house and land had adult children - two daughters and a son.
It should be emphasized that the owner disposed of her real estate during her lifetime, drawing up a will in accordance with all the rules with a notary, according to which she left everything acquired during her long life to her grown children.
And the woman divided her property among the heirs as follows.
She bequeathed a garage and half of the house to her eldest daughter. The mother gave her second daughter and youngest son a quarter share of the same house in her will. But the plot itself, on which both the house and the garage were located, remained unprobated. That is, the will says nothing at all about the land.
In such a situation, the heirs were unable to agree and decide how much land they would receive with such a division. The argument turned out to be heated, because no one planned to part with the house. Everyone wanted to receive the inheritance “in kind” and use it. That is, to manage not only your part of the house, but also the plot. It was not possible to reach a peaceful agreement. The heirs went to court to divide the plot.
It must be said that the decision to seek her right in court was made by the eldest daughter after she, who received half of the house, decided that she had the right to half of all the land. But the notary refused to issue her a certificate of inheritance, citing the fact that there was a dispute about the right between the heirs. And the eldest daughter filed a lawsuit against her brother and sister.
The first instance agreed with her and recognized her ownership of half the land. The district court in its decision stated that the right to a land plot follows the fate of a residential building in proportion to the shares specified in the will for housing. This is stated in Article 35 of the Land Code of the Russian Federation.
The brother and second sister did not agree with this decision and protested this decision. But the appeal left the court's decision unchanged.
Then the second daughter, who received a quarter of the house, decided that such a division was unfair. She filed a cassation appeal with the Supreme Court of the Russian Federation.
The case was considered by the Judicial Collegium for Civil Cases of the Supreme Court.
In the ruling, the judges recalled that if there is no will, then in this case inheritance is carried out according to law. The land and the buildings located on it - in our case, a house and a garage - are independent objects of civil circulation. This is stated in Article 130 of the Civil Code of the Russian Federation. Therefore, different objects can be disposed of separately, the Judicial Collegium for Civil Cases of the Supreme Court indicated.
At the same time, the judges did not find in this approach any contradictions with the principle of the unity of fate of the land and the objects located on it, as stated in Article 1 of the Land Code of the Russian Federation. The High Court emphasized: since the owners of the house and the plot are the same, this principle is not violated. But the discrepancy between their shares does not matter, the Supreme Court of the Russian Federation concluded.
According to experts, such situations (when the land is not mentioned in the will, but the buildings located on it are divided) are not very uncommon in domestic courts.
The rules that the courts applied only say that the owner of the building must also have some kind of title to the land under the building that he received.
A land plot is not a legal appendage of a building on it, but an independent object of law
Experts emphasize that a land plot is not a legal appendage of a structure erected on it, but an independent object of law. In their opinion, which is important for heirs who find themselves in a similar situation to listen to, consolidating the opposite approach would be harmful to law and order and detrimental to economic turnover.
As for the principle of unity of the land plot and the building on it, it is expressed in the fact that the owner of the building is given the right to use the land on which it is located. This does not prevent you from bequeathing a plot of land separately from the house.
As a result, the Judicial Collegium for Civil Cases of the Supreme Court canceled all judicial acts of two local instances adopted on this dispute and sent the case to the first instance for a new trial. Where she ordered the dispute to be reconsidered according to her explanations.
How can it be that the house is privatized but the plot is not?
This procedure is much simpler and more convenient. At the same time, you can privatize a garage in a cooperative - read our article about how best to do this. Help from a lawyer The main difficulty of privatizing a private house is an impressive package of documentation. If, in addition to everything else, you want to privatize a land plot, you will have to order additional cadastral documents. Contacting the BTI, passport office or housing department is additional red tape. It is not a fact that you will be given certificates at the right time. Usually citizens face serious problems, which aggravate the process of home privatization. It is most profitable not to do everything yourself, but to entrust this matter to professionals. A free consultation with a lawyer will help you create a competent algorithm of actions. Lawyers will advise how to quickly collect certificates and what to include in the application for the administration.
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I own the house but don’t have the land, what should I do?
After registration, you will be given a ready-made package of documentation, which is prepared on paper and in electronic form. Stage 2 - cadastral registration procedure After completing boundary work, visit the Cadastral Chamber in order to register the allocated landholding for cadastral registration.
To simplify the process of collecting papers, government agencies have provided the opportunity to sign up via an electronic queue.
To carry out the cadastral registration procedure, prepare a set of papers consisting of: the original of your civil passport or a power of attorney certified by a notary (in case of representing the interests of another person); boundary plan defining the boundaries of land ownership;
The procedure for privatization of land under a private house after March 1, 2019
If the land lease term is coming to an end, then you should quickly take ownership of it, that is, privatize it for free.
This will allow you to become the rightful owner of the site and do whatever you want with it:
- present;
- bequeath and so on.
- sell;
Privatizing land is a hassle, and it is quite an expensive matter, since preparing a cadastral passport, geodetic survey during land surveying, drawing up a cadastral plan, calling a specialist to evaluate the land, and so on, is not done for free.
You own the land, but you don’t own the house: what to do?
It is filled out by the owner himself; there is no need to coordinate it with the competent authorities. Served in 2 copies. Document confirming payment of state duty. To submit documents, you can also contact the multifunctional center. Since 2006, for registration of houses if the land is owned, simplified privatization of housing is in effect.
An important positive point is the failure to submit a housing commissioning certificate.
To register ownership of an object that is located on land intended for farming or individual housing construction, you need to: Make a cadastral and technical passport for the housing and a cadastral passport for the plot under the house.
The land is registered but the house is not there, what to do?
3. Execute a power of attorney The parties must appear before a notary so that he can issue a power of attorney for the buyer.
Residents of St. Petersburg should contact the Office of the Federal Service for State Registration, Cadastre and Cartography: Contact details of the Office of the Federal Service for State Registration, Cadastre and Cartography for St. Petersburg Address: 191124, St. Petersburg, st.
An application must be submitted in the prescribed form.
If you own a house but don’t have land, what should you do?
Let's figure out how to register the land under the house as property if the house is owned. List of documents: Application form approved; A document that can confirm identity.
If actions are carried out through an intermediary, he must have a power of attorney, which is notarized, and a passport; Receipt for payment of state duty (original and duplicate required); An extract should be made from the cadastral plan; The original document on the basis of which the exchange, sale or purchase was made (agreement); Consent of the parties to carry out the transaction.
Must be notarized; A list of documents from the party who alienates the land, namely an identification document and a document confirming the right to own the land.
Now any owner of an apartment in a high-rise building can register ownership of the land under the house.
Is it necessary to do this?
The higher the area of premises owned by citizens, the higher the tariff. Over the past few years, there has been considerable debate as to whether the “privatization” of a land plot for an apartment building is beneficial for owners of residential and non-residential premises.
At the moment, there is already enough information, incl. jurisprudence to draw a clear conclusion. Here are the conclusions based on experience in registering land under apartment buildings.
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Registration of land ownership in 2021
In this case, you should send a registered letter with an inventory.
Remember that actions aimed at state registration of rights are carried out after payment of the state fee.
Stage 3. Obtaining a document of ownership The only document that confirms receipt of ownership rights to a plot of land is an extract from the register of rights issued by the authority. Such an extract indicates information about the land plot, as well as information about the owner who received the rights to it.
When a land plot was purchased from the city administration, a Resolution, which was signed by the head of the administration, is required. To do this, you need to apply to the municipality to purchase a plot of land.
When the decision on the application is positive, the administration enters into an agreement for the purchase and sale of the site.
If the house is owned but the land is not
The result of state registration is an extract provided to you from the Unified State Register of Real Estate about the status of the immovable property and the existing restrictions and encumbrances regarding the residential building. If ownership of the land is not registered and information about it is not included in the unified register of real estate, including cadastral registration, then the time for legitimizing the structure increases significantly.
Rosreestr for registering property in a simplified manner, in accordance with the current rules on dacha amnesty;
- On the appointed date, contact the government agency to receive a set of documents certified by the state service, as well as extracts recording the fact that there is data on the ownership of the object in the unified register and its inclusion in the cadastral database of real estate.
