Waiver of the right to a land plot - 1240 tips from lawyers and lawyers

Possible reasons

In order to legally formalize a waiver of the right to a particular plot, its owner must have compelling reasons for this, which will serve as the basis for the documents provided to make the corresponding decision. These reasons include:

The inability to fully exploit the site due to its remote location or the presence of encumbrances on it that make the operation of the site impossible for the purposes of owning it;
Imposition of encumbrances on the site, which, although not significant, limit the possibility of its use due to the specifics of the established requirements for operation;
The size of the site does not correspond to the purposes of its operation, if it arose as a result of natural or man-made events;
It is not practical to use the site due to the high costs of its operation;
The fertility of the site has sharply decreased due to natural or man-made circumstances, due to which it cannot serve its purposes.

Each of these reasons must be documented, since the provision of such evidence will be required when filing an application for waiver of rights to the allotment.

Examples

An elderly woman, Anna Semyonovna, owned the plot for more than 10 years, but with age she lost the opportunity to garden. Since there were no buyers and there were no heirs, she decided to transfer the plot to the municipality.

The woman turned to a lawyer who helped draw up an application to apply to the local Administration for state registration of the voluntary alienation of land, but a few days after submitting the papers she was refused.

The court ruled in favor of the actions of the Administration employees and explained that the right to the land plot was registered with the Rosreestr authorities, and the application for refusal should have been submitted there.

After contacting the address, Anna Semyonovna received a notification a month later that her request had been granted.

Another interesting case was that of citizen N.V. Petrov, who received a share of land as an inheritance. A few years later, in order to avoid paying property taxes, he decided to renounce his part of the inheritance.

Petrov drew up and sent an application to Rosreestr for consideration, attaching the necessary documents to it. By decision of the state registration authority, the application was rejected on the basis of the preemptive right to the share of the land of other heirs. Citizen Petrov N.V. if he does not want to own the plot, he must transfer it or donate it in favor of the owner of another share.

Relinquishment of a plot owned by right of ownership

This option is the simplest, however, at the same time, it is associated with the need to prepare a large number of documents to carry out the entire procedure.

It should consist of the following stages:

Application for a specific plot and termination of all obligations regarding it on the part of the previous owner;
Receiving relevant documents from the authorized department of the municipality or Rosreestr stating that the documents have been accepted for execution;
Registration of abandonment of the site along with its registration with the new owner (represented by authorized state bodies);
Changing information in cadastral databases.

Since the right of ownership can arise for various reasons, the place where the application for abandonment of the plot will be filed will also be different. If the plot was inherited, you should contact the municipal authorized bodies.

In all other cases - to Rosreestr represented by its territorial divisions.

When submitting an application, you will need to prepare the following documents:

A document confirming the existence of rights of ownership and disposal;
A passport or other document that can confirm the identity of the applicant if we are talking about an individual;
For a legal entity, you will have to prepare an extract from the Unified State Register of Legal Entities, which is prepared no earlier than six months before the date of submission of documents;
Cadastral documents for the land, which will also include a copied fragment of the cadastral plan of the territory;
If we are talking about legal entities, then they will need to provide the consent of the founder for the organization to abandon such property;
A notarized power of attorney to represent the interests of the applicant regarding the abandonment of the plot.

Procedure

Sample application

A header is written on top of the application, on the right side. The government agency where the application is being submitted is written there, as well as all the applicant’s data (full name, address and contacts);
the name of the application is written in the center;
in the main part of the documents, documents of a title nature are indicated, which indicate the location of the land. It is not necessary to indicate the reasons for refusal;
list of attachments, here are all the documents that are attached to the application;
The date is written on the left side, and the applicant’s signature is placed on the right side.

(Territorial body of Rosreestr or municipality)

from ____________________________________, (Ivan Ivanovich Ivanov,

________________________________________ living at the address: Voronezh, st. Matrosova, house 72)

STATEMENT about renunciation of ownership of a land plot

I am the owner (owner) of a plot of land with an area of 54 square meters. m, at the address: Buturlinovsky district, st. Stepana Razin, building 34, cadastral number: 345672.

Based on paragraph 2 of Article 53 of the Land Code of the Russian Federation, I renounce the right of ownership to the specified land plot.

The application is registered in Rosreestr, the citizen is issued a corresponding certificate about this, which has a number. The applicant must receive a response within 30 days.

Relinquishment of a land plot according to the new rules is prescribed in the Land Code of the Russian Federation.

Procedure valid in 2020:

a citizen applies to the territorial office of Rosreestr in person or through a legal representative;
an application is drawn up, to which the title documents are attached;
the regulations allotted 7 days for consideration;
in case of a positive decision, the citizen is informed about the termination of the right to land.

Statement

Citizens express their desire to abandon a plot of land in writing on a special form, which is an appendix to the Administrative Regulations. The header indicates the name of the territorial body of Rosregistration and information about the applicant.

The main part of the application must indicate the characteristics of the site:

cadastral number;
square;
location address;
category and type of permitted use;
restrictions on use and encumbrances.

At the end, the documents attached to the application are listed and the signature of the owner or his legal representative is affixed.

Where to send

An application with an attached package of documents is sent to the organization that registered the right to a plot of land, that is, to Rosreestr or an executive authority.

List of documents

It is necessary to have all the documents required by law.

The application for abandonment of your own plot must be accompanied by:

title documentation for land with copies, if ownership has not previously been registered in the prescribed manner;
if there are buildings - an extract about the real estate;
identification document of a citizen or authorized representative;
if an authorized person applies, then a duly executed power of attorney.

During the review process, other explanatory information and documents may be required.

Terms of consideration

An application to renounce ownership of a plot of land is considered by the rights registration authority within 7 days, and by state or local government bodies - no more than 30 days.

If in the process of studying the documents additional information or clarifications are required, after mandatory notification to the applicant, the period may be extended.

You can register a waiver of ownership of a land plot on the State Services portal.

To carry out the procedure, you must have a computer or other device with access to the Internet and receive a government service for terminating rights in case of voluntary renunciation of the allotment in person or through a legal representative.

The service is provided without state duty or other payment within the established time frame.

To apply through the portal or to the MFC, you must prepare the following documents:

application in the prescribed form;
the applicant's identity document;
a document confirming the authority of the applicant's representative;
for legal entities, state or municipal enterprises - consent of the body that created the legal entity to renounce the right to use the land plot;
if there are real estate objects on the site, the rights to which are not registered in the Unified State Register of Real Estate, copies of documents for these objects are required;
copies of documents establishing the right to land.

As a result of submitting an application with attachments, the citizen will receive an extract about the property or a reasonable notification of refusal to provide the service.

To complete the refusal procedure, the following algorithm is implied:

collect a package of documents;
application from the owner or person with a power of attorney;
obtaining a certificate from the registration authority listing a list of related documents;
When a decision is made, a response letter is sent;
then, within seven days, the papers are sent to Rosreestr and then transferred to the tax office;
upon approval, a letter of suspension of the right is sent to the owner.

To relinquish ownership, the following package of documents is required:

papers legally confirming ownership of a land plot for SNT, agricultural purposes, etc.;
if a legal entity applies of its own free will, then a documentary permit from the state registration authority is required, as well as an extract from the Unified State Register of Legal Entities;
document on state registration and its photocopy;
application for alienation;
site passport;
the applicant's identity document or power of attorney.

Relinquishment of ownership of a land plot means termination of the right to own and use land on an indefinite basis.

To formalize such a decision, in accordance with the requirements of the law, you will have to submit an application and a certain package of documents to the authorized local government body, which is responsible for registering rights to real estate. A waiver of rights to a plot of land must be formalized in order to be exempt from paying land tax.

If the property is not used, or its operation leads to significant losses, then the plot can be donated, sold or abandoned.

The voluntary or forced option of termination of property rights is regulated by Art. 235 of the Civil Code of the Russian Federation,

Reasons for refusal

If for some reason the owner cannot sell or transfer a plot of land, then the law provides for a procedure for abandoning it.

The most common reasons for refusal to use land are:

the citizen notes that he has to spend significant financial resources to use the plot;
the site does not meet all operational requirements due to the presence of an encumbrance, which limits the rights of the owner;
the location of the site at a considerable distance from the nearest populated areas makes the process of using the land quite difficult;
the site was subjected to man-made or natural impacts, which significantly deteriorated the properties of the soil and made it impossible to further exploit the site for its intended purpose.

Difficulties will arise if the site contains buildings and structures that belong to a citizen by right of ownership. In accordance with the requirements of the Land Code of the Russian Federation, renunciation of ownership of a land plot implies renunciation of rights to objects located on its territory.

You cannot give up the land while retaining the right to use the buildings.

It will not be possible to refuse a land plot that is included in the inheritance mass. The municipality will be able to receive land only if there is a written refusal from all existing assignees.

The voluntary refusal procedure involves several stages:

preparation of documentation;
transfer of the corresponding application to Rosreestr. The branch of the organization is chosen in accordance with the location of the land plot. The document can be submitted by the citizen himself or his representative. In the latter case, it is necessary to issue a power of attorney and have it certified by a notary;
the employee receiving the documentation is obliged to issue a certificate of receipt with a serial number and a complete list of all submitted papers;
after 1 month of waiting, the applicant will be presented with a decision. Rosreestr employees notify him within 3 days after the decision is made;
Then, within a week, the necessary documents undergo the registration procedure, the necessary information is transferred to the tax service.

After completion of the paperwork, within 5 days, the owner is sent a notice of registration of termination of his ownership of the land plot.

If a plot of land was provided on terms of indefinite use, then in order to abandon it, it is necessary to contact the regional executive authority with a corresponding application.

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You should also collect all the papers proving the right to own the land on an indefinite basis. Regardless of which organization the owner applies to, termination of ownership of land occurs in Rosreestr.

You can compose a document in writing or print it on a computer. Samples can be found at Rosreestr offices.

MIP Encyclopedia » Land law » Land management » Conditions and procedure for a person to renounce the right to a land plot

The possibility of renouncing ownership of a plot of land at the personal will of the landowner is provided for by the Land Code of the Russian Federation.

Relinquishment of the right of ownership to a plot means termination of the right of ownership, the right to perpetual use or the right to lifelong use of a plot of land.

This termination must be formalized by submitting the appropriate application, as well as all accompanying documents, to the authorized territorial executive body that registers rights to real estate.

The Land Code of Russia provides for the possibility of relinquishing ownership of a plot of land at the personal will of the direct landowner. This legal act establishes a clear procedure for the actions to be taken:

First of all, the owner of the plot that he wishes to renounce must contact the local territorial government body to register rights to real estate with an application for renunciation of ownership rights.
Next, a corresponding entry is made into the unified state data register about the termination of ownership rights to this real estate object.

Statement

This document is the main one on which the petition for termination of the existing property right will be considered. For this reason, he should pay special attention and carefully complete the following sections:

“Head” of the document: it contains information about the government body to which the appeal is made;
Information about the applicant and an indication of the right to use a particular site, as well as on what basis such a right arose;
Data about the site indicating its cadastral and physical characteristics (cadastral number, area, location address);
The reason why the owner abandons this property.

This document is filled out not only if the site is used on the basis of ownership, but also if it is subject to permanent perpetual use or lifelong inheritable possession.

You can download a sample document from the link.

General concepts

Refusal is possible in the following cases:

when upon receipt of an inheritance it is necessary to pay the debts of the previous owner (the amounts are divided in equal shares among all heirs);
if, due to various circumstances, it is impossible to process the allotment and ensure payments (similar situations occur when a citizen turned to the state with a request to allocate a plot for cultivation and wrote a petition);
in situations where land is confiscated to pay debts (first the property is seized, then the court decision is enforced through the bailiffs).

Relinquishment of property can also occur when:

liquidation of an allotment due to natural disasters, for example, volcanic eruption, etc.;
seizure by a government authority of a plot intended for agricultural use (find out how to draw up a lease agreement for a plot for agricultural use) due to the owner’s failure to fulfill obligations (the plot will be transferred back to the hands of the municipality);
unlawful disposal of the site by a person who is not a reliable copyright holder (errors were made in the design, or the procedure was not carried out at all);
improper use of land (even members of the owners’ association can file a petition for this offense with a request to limit the actions of the violator, then the issue can be resolved in court).

When selling a plot, no additional documents or surrender of the allotment are required. The purchase and sale agreement is already confirmation that the plot of land is transferred to another owner.

The alienation procedure is carried out in several stages. Regardless of the place where the application is submitted, all documentation is in any case registered in Rosreestr, and execution is carried out only after official permission.

Timing and cost

The total duration of the procedure for registering the abandonment of owned land is at least forty-five days from the date of filing the application with the authorized body:

Within thirty days from the date of submission, the application, along with all attached documents, is considered by employees of the relevant body or division;
Three days are given to send a response to the applicant based on the results of consideration of his application;
Within seven days from the date of sending the corresponding response, the state, represented by its regional or municipal representative body, applies to Rosreestr for registration of ownership rights to the newly acquired plot;
For five days, Rosreestr reviews the submitted documents and issues for the site: an extract from the Unified State Register to representatives of authorized state or municipal bodies about the emergence of their ownership rights and to the former owner - a confirming certificate stating that such property no longer exists for him.

As for the cost of refusal, for the owner the main costs will be associated with obtaining an up-to-date cadastral passport and, if necessary, a boundary plan (the total amount will range from 2 to 10 thousand rubles). For a municipality or other government bodies, the amount of state duty is set as for other legal entities in the amount of 22 thousand rubles.

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Relinquishment of a plot of land for permanent perpetual use and lifelong inheritable possession

Regulation of such a refusal is carried out, as in the case of a owned plot, with the help of the Land Code (clause 3, 3.1 of Article 53) and the Civil Code.
At the same time, if the Land Code regulates the process of refusal to use such a site, then the Civil Code is entrusted with the obligation to exercise control, with the exception of possible obligations regarding the site from which the refusal was issued. As mentioned above, the basis for considering the issue of abandonment of a site will be the application of the person (regardless of whether it is a person or an organization submitting it) who was involved in the use of a specific site.

The list of documents will be the same as in the case of abandonment of a plot of land owned, with one exception: instead of documents on the ownership of the plot, it will be necessary to provide an extract from the Unified State Register or the original resolution of the authorized body on the provision of a specific plot for use or inherited possession.

Abandonment of a land plot acts as the very last method of alienation of land if it was not possible to get rid of it in other ways, for example, by sale or donation. In this case, in order to avoid violations of current legislation, the refusal should be documented in compliance with all established requirements.

In what case is it impossible to give up land?

The basis for the termination of the right to dispose of land territory will be a citizen’s statement of refusal. In addition, there should be no circumstances that prevent the procedure from being carried out. The following obstacles can be identified:

the presence of buildings and structures on the territory owned by the applicant;
the presence of encumbrances on the site, for example, a ban on alienation.

It is important to note here that an easement is not always an obstacle to abandoning a land plot. Typically, the reason for initiating such a procedure may be the inability to use the property. An inconvenient location, infertility of the soil or a small area may have a negative impact. You will have to pay taxes for the plot, which is also very burdensome. As a result, people prefer to give up their allotment voluntarily.

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- possession,

- use,

The refusal procedure is regulated by Art. 53 of the Land Code of the Russian Federation.

First. We submit an application to the Rosreestr Office of the constituent entity of the Russian Federation in which the land plot is located.

The application is written by hand or compiled on a computer according to the established template. The application must indicate the name of the government body to which the application is submitted, full name. applicant, his contact details, name of the application. The main part of the application contains information about the location of the land plot.