Document certifying ownership of a land plot

Title document for a land plot - what is it?

Any right relating to a land plot must have a basis. The fact of their presence is confirmed by title documentation.

Do not confuse the concepts of “legal confirmation” and “legal establishing” document. They are significantly different. The document confirming the right only notifies that the corresponding record of the existence of the right has been entered in Rosreestr. For example, such a document can be called an extract from the Unified State Register or a certificate of ownership.

However, without a title document, title documents do not have legal force. You won’t even be able to get them without a priority document.

Presentation of title papers is required in the following cases:

1. To change or confirm data for completing a transaction and transferring rights.
2. As evidence of asserting your rights in court.

It is important that all documents comply with legal requirements and are valid at the time of presentation.

Documents confirming land ownership

Since land falls under the classification of real estate, then, in addition to the actual implementation of the transaction, its notarization and transfer of funds, it is necessary to contact the registration authorities in order for amendments to be made to the state register and the corresponding certificate to be issued.

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By title documentation we mean the jurisprudence that establishes the moment of acquisition/allocation of a land plot. The most common examples include acts confirming the issuance of land for a summer residence. Similar acts were issued in Soviet times by local councils or town planning enterprises. Such title paper comes in two types and differs in the interval of use:

What rights to land arise documented?

Several types of rights may arise on the basis of title documents. All of them are presented in the table.

Of the above rights, the most extensive is the right of ownership. Only in this case it is possible to determine the legal fate of the land plot - sell, donate, mortgage, etc. But even the right of ownership does not imply permissiveness. The landowner is obliged to use the site in such a way that it does not contradict legal requirements.

Documentary support for the right of permanent (indefinite) use of a land plot

Despite the fact that the importance of document support for a land plot is obvious to almost every citizen, many landowners postpone resolving the issue of preparing documents for an indefinite period.

Deadlines

Accordingly, in case of their loss, you can obtain an extract from the state cadastre , which will fully replace the lost document.

Title documents confirm the owner's privilege to use the property at his own discretion. Title documentation is the basis for establishing ownership of a property. Such documents are required to correct or confirm information about the owner of a plot as a result of a gift, sale or inheritance of land.

• purchase and sale of a plot or a house located on the plot;
• donation of a house, cottage, etc., located on the site;
• exchange of alienated property for a land plot;
• land privatization.
• The remaining documents defining the primary characteristics of the site (outdated records, BTI certificates and others) do not establish rights , but belong to this category.
• The package of title documents consists of those that are the most important , and without which it is impossible to carry out a single property transaction.
• However, they must have a previous basis as title documents, only if available, which are issued as certificates confirming the right to use the land. This may include evidence:

• about property;
• to the right of lifelong inheritable ownership of land;
• on the right to perpetual use of land;
• state acts on the right of use or ownership.

Documents confirming ownership of the land plot

It is very important that the old registration records match the new records entered into the state cadastre. If any changes , they must be formalized in accordance with established requirements. , acts of approval of the boundaries of the site and a boundary plan will be required .

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These include all types of documents that state the fact of allocation or acquisition of land . These include acts issued by village councils back in the Soviet period or by enterprises and departments that allocated land plots for dachas in DNT or SNT. These types of documents are basic, but when the plot was not privatized and was not

List of title documents for a land plot

The most common title documents:

1. Agreement of purchase and sale, donation, privatization.
2. A court decision that has entered into legal force.
3. Certificate of right to inheritance.
4. Regulatory legal acts of state authorities or local administration.

According to Article 17 of Federal Law No. 122 of July 21, 1997 “On state registration of rights to real estate and transactions with it,” this is not a final list of title documents. The list may include other documents indicating the transfer of rights.

For example, when transferring land for use without transfer of ownership, the title document will be a decision to provide the land plot for indefinite or fixed-term use.

Also, depending on the situation, the auction protocol and the decision of the state body to provide land for development are recognized as the title documents for the land plot. For example, if, on the basis of one of these documents, the owner of the land began the procedure for registering the right of perpetual use.

Article 82

3. The documents specified in paragraph 1 of this article are subject to state registration in the manner established by this Code, and are issued by the relevant land committees simultaneously with the state registration of the emergence or transfer of rights to the land plot. Lease and temporary use agreements are subject to state registration only in the registration (land) book.

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6. When making transactions with land that entail the alienation of a land plot, the certificate of ownership of the land issued to the previous owner is canceled, and the new owner is issued a certificate of ownership of the land, which is subject to state registration in the manner prescribed by this Code.

Requirements for land title documents

Any title document for a land plot must indicate:

• information about the owner of the land (full name, name, registration or passport data);
• type of right established by the document (easement, right of ownership, gratuitous use, etc.);
• description of the object (location, size of the site, purpose, terrain features);
• land registry data (number).

If a transaction is being carried out, a title document (certificate of ownership, extract from the Unified State Register) must be attached to the title document.

The title document for a land plot comes into legal force only after passing the state registration procedure. The document is not allowed to contain corrections, typos, or blots. Otherwise, state registration of the right may be denied. To correctly draw up a title document, we recommend that you seek advice from a lawyer.

When receiving documents for a land plot, you must carefully read them. It is important to check the correctness of passport data and full name, as well as information that confirms the existence of the right to land.

The validity period of title documents can only be limited by the terms of the agreement itself between the owner and the land user. Documents such as, for example, a purchase and sale agreement or a deed of gift, do not have a validity period (indefinite).

It is necessary to re-register the title document only in the following cases:

• if it was issued in the USSR, since many legislative acts and requirements have changed since then;
• if information about the land plot has changed (for example, its size);
• when changing passport data;
• when the owner of the site changes.

Title documents must be stored in proper quality and in accordance with legal requirements. Otherwise, it will be difficult to prove their authenticity and validity if a controversial situation arises.

What documents confirm land ownership in 2020

» » » 04/28/2020 1,312 Views It would seem that by completing a purchase and sale transaction or receiving a piece of real estate in any other way, you will not have to confirm your prerogative over this property in the future.

Sometimes a building is erected on a site that belongs to the owner, but the land under the house has not been privatized either. In this case, in addition to the options listed, it may be legally owned by a city or other locality, and transferred to citizens on the basis of a long-term lease.

How to register ownership of a land plot in 2020

The rarest option for acquiring ownership rights to real estate in Russia is the entry into force of the acquisition range. In other words, if a person is not the owner of the territory, but at the same time takes care of it for 15 years, maintaining it in good condition, he has every right to declare the transfer of ownership.

What documents confirm

1. a document that confirms the identity of the applicant. If you have a passport, then that is what you use. A temporary identity card or other document that performs a similar function may also be used;
2. birth certificate if the buyer or seller is under 14 years of age;
3. the basis document (agreement, act of an authority, etc.);
4. boundary plan, if the corresponding accounting has not been carried out previously. For example, if the plot of land was demarcated earlier, then such documents will not have to be submitted again; a simple purchase and sale is carried out on the basis of those already available in the database;
5. a document that confirms that the state duty has been paid in full.

If contracts, certificates and other documents confirming land ownership, which served as the basis for obtaining a certificate of state registration of rights, are lost, their restoration is possible in several ways.