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Published: 02/27/2018
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Land plots existing on the territory of the Russian Federation can be transformed in various ways. One of the ways of such transformation is the redistribution of land plots.
- Definition according to law
- What land plots cannot be redistributed?
- List of actions
- List of documents
This method has its own procedure, as well as a list of documents that must accompany the entire process.
Power of attorney for registration of ownership of land
The power of attorney for registration of a land plot must be issued in the form of a simple written document and notarized. The requirement for notarization expires from clause 1 of Article 16 of the Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it.” According to this law, state registration of rights is carried out on the basis of an application from an authorized person only if he has a notarized power of attorney.
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How to issue a power of attorney for land surveying according to the sample?
The text of the power of attorney may vary somewhat; it can indicate various actions and rights of the authorized person, depending on the need. For example, a power of attorney can only be for the presentation of documents, or for the receipt and submission of documents; the power of attorney, if necessary, can stipulate the right to pay duties and other necessary payments.
All procedures must be carried out with the permission of Rosreestr. The procedure for redistributing the territory of a land plot absolutely always takes place on a reimbursable basis.
For example: in the Moscow region, such a procedure is possible without a land plot location plan approved by the district administration.
Yes, you can alienate a plot using a power of attorney issued in Kazakhstan; have it certified at the consular office.
Name of municipal.
Sample power of attorney for registration of a land plot
How to register land ownership if it is leased. We wrote in a previous article where to start privatizing land for a private house right here. Then you can begin to register ownership. In other words, registration of ownership of a land plot gives the owner full right to use it. What documents are needed for registration to register land ownership - we will consider this question below. Having a problem? Call a lawyer: Moscow and Moscow region (free call) St. Petersburg and Leningrad region Documents for registering ownership of a land plot A correctly completed package of documents ensures quick and trouble-free registration of ownership of a land plot.
Redistribution of land plots: implementation procedure
» » » existing on the territory of the Russian Federation can be transformed in various ways. One of the ways of such transformation is the redistribution of land plots.
This method has its own procedure, as well as a list of documents that must accompany the entire process. land plots are provided for by the provisions of Article 11.7 of the Land Code of the Russian Federation.
In accordance with its provisions, the redistribution of land plots should be understood as a mutual change in the limits of existing nearby and adjacent land plots. Since when carrying out the redistribution of land plots it is necessary to be guided not only by the norms of the Land Code of the Russian Federation (due to the fact that several areas of legal relations are affected), the entire process is regulated by other regulations, namely:
Power of attorney for registration of land plot
— for which I grant the right to be my representative in all institutions and organizations of St. Petersburg and the Leningrad Region on the above issues, including the Office of the Federal Registration Service for St. Petersburg and the Leningrad Region, the Committee on Land Resources and Land Management, the Land Commission, the Federal State Institution “Land Cadastral Chamber”, Office of Rosnedvizhimost TO, KUGI, KUMI, IFTS, local government bodies, urban planning and architectural authorities, technical supervision authorities, sanitary and epidemiological authorities, fire inspection authorities, technical inventory authorities, Administration, municipalities, submit, receive and sign various kinds of certificates and documents, including Agreements, Acts, Certificates, make changes and additions to the Unified State Register of Rights, and also grant the right to submit and receive all necessary certificates and documents, pay the following fees and state duties, submit from my name any statements, including statements regarding my marital status, sign for me and perform other actions and formalities related to this order
Why an application for redistribution of a land plot may be refused
Expert commentary specifically for Sashka Bukashka’s website:
Tatyana Skvortsova Lawyer in Chelyabinsk
Redistribution must be refused if:
- An independent plot can be formed from the plot that the applicant wants to annex to his plot in the order of redistribution.
- On the site that the applicant wants to annex, there is someone else's property.
- The annexed plot is withdrawn from circulation, limited in circulation, or reserved for state or municipal needs.
- The annexed plot has already been put up for auction, or its provision to another person has already been pre-agreed, or an application for preliminary approval has been submitted in relation to this plot.
- The applicant's plot after redistribution will be larger than the maximum size limits.
- The applicant's land has not been surveyed, i.e. The boundaries of the original site are not precisely defined. By the way, the land surveying procedure itself often allows you to “cut off” a neighboring empty plot of land for free without redistribution.
And most importantly, redistribution will be denied if the applicant simply does not fall under the rules on redistribution (Article 39.28 of the Land Code of the Russian Federation), i.e.:
- Is not a citizen-owner of a plot provided for gardening, horticulture, personal farming or individual housing construction,
- is not the owner of the site that needs to be brought into compliance with the territory surveying project.
Sample of a general power of attorney for a land plot of an individual
- Personal initiative of the principal - a statement of revocation is written to the same notary who issued the document;
- Sudden death of the owner of the territory;
- Recognition of the owner as completely incompetent at the time of issuance of the general power of attorney (proved through the court);
- Declaration of the owner as missing (by court decision);
- Confirmation of the fact of compulsion to sign a general power of attorney;
- Incorrect drafting of the document, non-compliance with legal norms and requirements.
For what actions with land can a power of attorney be issued?
The list of permitted manipulations must be recorded in the contents of the document.
In rural areas, it can be difficult to access notary services, so you will have to prepare to pay a little more than in other cases. However, in places where there are simply no notaries, their functions are performed by the head of the local administration. This means that it is he who must be contacted immediately to resolve the issue of drawing up a power of attorney.
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The text of this document may have different variations depending on the wishes of the potential owner of the real estate and the list of actions that he wishes to transfer to the authorized person. For example, the principal has the right to instruct only the submission of documents to a state body or to pick them up, he can stipulate the nuances of paying the state fee, clarify what interests the representative can represent, whether the right to participate in judicial bodies is transferred, if any, and so on.
The power of attorney form for registration of a land plot is unified; all details must be in place; if at least one is missing, the document is invalid. When drafting it yourself, it is important to leave some free space after the text where the notary will enter his notes. In addition, you cannot go to a notary’s office with a document already signed; the signature must be affixed exclusively in the presence of a notary.
Regardless of what form of power of attorney is used, the rules for revoking it are always the same. The document can be issued in the name of anyone, even a friend or relative, a legal entity or even a stranger, but it is canceled if:
- The principal revoked the document ahead of schedule by writing a corresponding statement at the notary’s office;
- The period specified in the paper has expired;
- The plot cannot belong to the principal by law (illegal transaction, etc.);
- The principal was declared incompetent at the time of transfer of his powers;
- The power of attorney is issued on behalf of a minor;
- Incorrect registration and preparation of papers;
- Identification and confirmation of the fact of forced signing of documents;
- The principal disappeared or died before the representative completed his instructions.
Interested parties can challenge the power of attorney through the court, as well as all actions that were performed under it, so it is advisable to deal with its execution not independently, but with the help of a good lawyer who is not interested in the transaction.
- register property rights;
- change the type of permitted use of the site;
- obtain permits for communications, reconstruction of a residential building, etc.;
- initiate land surveying;
- request extracts about property from the Unified State Register of Real Estate;
- draw up land purchase and sale transactions;
- rent out land.
It is not enough to buy a plot of land or accept it as a gift; it is important to register it correctly with state and municipal authorities. To do this, a list of accompanying documentation is collected and submitted to the appropriate authority, where the entries in the register are changed.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!
If you don’t have time for bureaucratic red tape, the ideal option is to use the services of a representative. The person in charge will undertake all the work in exchange for the authority given.
Today we will talk about what a power of attorney is for registering ownership of a plot of land. In the process of narration, we will consider the characteristic features of the procedure, possible difficulties, and subtleties of design.
Contacting a notary office to issue a notarized power of attorney will require the collection of accompanying documentation, on the basis of which the document will be drawn up.
The mandatory list includes:
- passport of a citizen of the Russian Federation;
- a paper confirming the principal’s right to dispose of the plot or property in question;
- cadastral passport.
The package of documents for land privatization changes its content, so accurate information is available in the territorial administration at the place of land registration.
Several requirements when registering a power of attorney:
- written paperwork and notarization is required;
- the principal’s signature is affixed in the presence of a specialist from a notary’s office (used to assess the adequacy and legal capacity of the citizen in question).
The required details are presented below:
- Date and place of compilation. If the date/month/year is not specified, the power of attorney is considered invalid.
- Passport details of the owner of the land plot.
- Passport details of the authorized person.
- List of transferred powers - the absence of one of the points often causes a violation of the procedure for registering a land plot.
- Validity period – indicates the date of termination of the relationship between the principal and the attorney. Failure to do so reduces the validity of the document to a calendar year.
- Certification of a document with the signature of the principal in the presence of a notary.
Here you will find out what rules are used to draw up a power of attorney to conduct an inheritance matter.
Power of attorney form for the sale of land.
After receiving a power of attorney, you should make sure:
- the presence of the date of issue indicated in capital form (other form of designation is invalid);
- the correctness of the specified passport and address information;
- the number of attorneys and the union and/or applied when listing attorneys. The first option assumes the participation of all representatives in the land registration process, the second confirms the participation of one trusted party;
- correct indication of the names and details of commercial companies. Errors at the filling out stage will prevent the receipt of accompanying documentation;
- When carrying out the transfer procedure, at the discretion of the owner, this function remains active or is prohibited.
We invite you to read: Confiscation of a land plot from the owner in 2020
It is important to know! This is not a complete list of activities aimed at verifying the authenticity and compliance of the power of attorney with legal standards. The absence of errors is the key to a successful registration of a current property.
The above procedure requires the interested party to collect supporting documentation, the list of which is presented below:
- civil passport of the principal;
- a document confirming the owner’s rights to the property in question.
Briefly about the main thing
A power of attorney for registration of a land plot is a unified document granting declared powers to a third party. An individual or legal entity undertakes to act in the interests of the principal and not to overstep the boundaries of existing rights.
A land plot is a territory outlined on a map, the owner of which may be state or municipal institutions or private individuals. Each object of legal relations has distinctive features, the list of which is fixed at the level of government initiatives.
Forms of contracts
I, gr. Ivanova Inna Ivanovna, born October 5, 1960, place of birth: mountains. Moscow, citizenship: Russian Federation, gender: female, passport 46 00 800333, issued by the Preobrazhenskoye Department of Internal Affairs, passport office No. 1 of the city of Moscow on April 13, 2003, department code 772-101, registered at the address: Moscow, Preobrazhenskaya street, building 6, apartment 14, with this power of attorney I authorize gr. Svetlana Petrovna Petrova, born October 6, 1961, place of birth: mountains. Moscow, citizenship: Russian Federation, gender: female, passport 46 00 801334, issued by the Preobrazhenskoye Department of Internal Affairs, passport office No. 1 of the city of Moscow on April 13, 2003, department code 772-101, registered at the address: Moscow, Preobrazhenskaya street, building 7, apartment 15,
RAA Law
This act is intended for individuals and legal entities who carry out survey work, regardless of the form of ownership and departmental affiliation. See other ... Power of attorney for registration of survey work for a land plot City of Moscow, Russian Federation, February twenty-ninth two thousand _______, gr. VASKOVICH ANDREY VLADIMIROVICH, born 01/11/1981, place of birth - city.
Moscow, citizen of the Russian Federation, male, passport 03 02 521321, issued by the Department of Internal Affairs in the Central District of the Mountains. Moscow 04/14/2007, department code 230-007, registered: city.