What does a previously registered land plot mean in 2020?

Filatova Tamara (04/13/2012 at 02:25:27) Hello! The procedure for registering and removing a land plot from cadastral registration is regulated by the provisions of the Federal Law “On the State Cadastre” (hereinafter referred to as the Law). In accordance with Art. 2 of the Law, deregistration of a property is carried out on the basis of an application for cadastral registration and the documents required in accordance with the Law for such registration, submitted by the applicant or submitted in the manner of interdepartmental information interaction. The form of this application is established by the regulatory body in the field of cadastral relations. According to paragraph..4. Art.

The status of a land plot has been deregistered: what does this mean?

In order for the plot not to become “cancelled”, it is necessary to register the rights to this plot within two years from the date of cadastral registration. In this case, the site will acquire the status of “registered”.

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If this does not happen within the specified period, then the process of registering the site will have to start all over again, and this procedure will take time and a considerable budget for collecting and preparing documents.
However, the status “temporary” does not always change to “cancelled” due to the lack of registered ownership rights or lease of the site. The owner of the plot can submit an application with a request to deregister the land plot, after which it will also acquire the status of “cancelled”. Canceled or deregistered. There are situations when, when studying land documents, you come across records with the status “canceled” or “deregistered”.

Status of a land plot: what does it mean, how to change it

Many landowners mistakenly believe that after registering property rights and assigning a cadastral number to a plot, they can do whatever they want with it. In fact, the list of possible actions with the land determines the status of the land plot.

Even before purchasing a plot of land and preparing documents for ownership, you should find out its category to which it belongs, and therefore its intended purpose, the possibility of using it for various types of activities, and whether it can even be privately owned.

What statuses of land plots exist?

There are several categories of land ownership, assigned upon registration and changed only under certain conditions. Speaking about land territories, it is meant that they may have the following statuses:

• taken into account;
• previously taken into account;
• temporary;
• canceled;
• archival.

It is worth understanding what the status of a land plot means. From the moment of registration of property rights and cadastral registration, the plot belongs to the registered category. As for “previously registered” plots, these include land territories, the right to which was registered before March 2008.

Most often, these are objects with undemarcated boundaries and in the register they are listed as areas that do not have precise boundaries. Land classified in this category may be used only to a limited extent. The land user acquires the opportunity to fully dispose of the allotment only after land surveying .

The recorded areas are distinguished from previously recorded ones by the fact that for the former there is complete information about their boundaries and other characteristics. Records of this are included in the state real estate cadastre. In addition, a certificate confirming the owner’s ownership is issued for registered objects.

Temporary cadastral status of a land plot is assigned to plots with undefined boundaries and non-privatized plots leased for a certain period. Also, a property acquires temporary status for the period while the full registration procedure lasts.

If the registration procedure is not completed properly within the established time frame, then after 5 years the plot will be automatically removed from the cadastral register. In this case, it will receive the “cancelled” status, and all actions will have to be repeated from the very beginning.

The status “archive” is assigned to territories under the circumstances established by law and after a certain time. The procedure is carried out without a request from the land user.

Why do you need information about the status of a site?

Today, most of the previously recorded land areas are not demarcated. According to the current legislation in the field of land use, the owner is obliged not only to have documents confirming that the land is owned, but to register the exact boundaries of his plot.

The absence of boundaries established by the cadastre engineer as a result of boundary work prevents transactions with these land areas.

Therefore, owners have to find out the current status of the land plot in order to know about the existing rights.

The fact is that inaccurate boundaries of land objects one way or another lead to the intentional or unintentional seizure of land from neighboring territories. The difference between the actual dimensions and those registered in the title documents can sometimes be quite significant.

In addition, in this case, the calculation of the fee for operating the facility also becomes erroneous.

How to change the status of a site to registered

In situations where the land user intends to dispose of the plot in some way (to alienate, formalize a donation or lease), he must first clarify the category to which the plot belongs.

You can find out what the current status of land plots is by referring to the state cadastral register.

When it turns out that it is necessary to transfer the plot to the registered category, a petition is drawn up to a government agency to transfer the property to a conditionally permitted type.

After a decision has been made on the purpose of using the land, the procedure for changing the current category of allotment is launched, during which the grounds for the claim are clearly and legally stated.

A land area can be classified as registered only if the following mandatory conditions are met:

• the object is registered as the property (the land plot, which is the property of the municipality, must be registered as a lease);
• Land surveying work was carried out in relation to the territory.

The procedure for changing the category assumes that written consent is initially obtained from the owners or tenants of neighboring plots. When the territory is owned by several owners, permission must be obtained from each of them.

Since 2013, after the Law “On Land Management” came into force, no other additional permits or preliminary consents from local governments are required.

Next, a full package of documents is prepared for re-registration of the territory’s status:

• documentation establishing title and confirming the right to land;
• cadastral passport;
• extract from the Unified State Register of Real Estate;
• a document confirming the environmental impact assessment;
• receipt of payment of state duty;
• declaration (the basic document on the basis of which the right to change the accounting category is issued);
• a legally justified application to change the accounting category.

Having collected the above list of documents, you should contact the administration of the municipality with a request to review them. During the personal application, the applicant is given a receipt confirming the acceptance of documents.

Transfer of documents by post is allowed. In this case, a registered letter is sent with a notification and an inventory-attachment.

Next, within the time limits established by law, a hearing is convened and held, following which the applicant is notified of the decision. This can be either a positive answer or a reasoned refusal to change the registration category of the site.

We remind you that even if you thoroughly study all the data that is in the public domain, this will not replace the experience of professional lawyers! To get a detailed free consultation and resolve your issue as reliably as possible, you can contact specialists through the online form .

Reasons for refusal

A negative answer can be received both for serious reasons and as a result of minor inconsistencies. Even if the application is not completely correct, the attached documents are insufficient, or they are completed with some errors, they can serve as grounds for refusal.

After eliminating the shortcomings, the applicant has the right to apply to change the accounting category again, making a note that the application is a repeat one and attaching a list of inconsistencies from the initial application. It is also necessary to indicate how the corrections were made.

A more compelling reason for refusal are claims that, in the opinion of the board of the college, are unlawful. In this case, it is necessary to review them, find more justified ones, and resubmit the package of papers indicating other reasons.

However, it should be remembered that although the municipal administration has the right to change the status of land objects, it is by no means obligated to do so. Such a decision must be made based on the interests of society, and not an individual person, so in some situations a decisive refusal will have to be made.

Upon receipt of notification of a positive decision, you must wait for the act officially confirming the right to re-registration.

Having received this document, you can continue the procedure for re-registration of a land object whose status is allowed to be changed by contacting the local department of cadastre and cartography.

To do this, you will need the same set of official papers that were provided to the head of the administration in order to obtain permission, and in addition to them - an extract from the decision and a report of the hearings held.

The application can be sent through the official website of Rosreestr, attaching a land survey plan in XML format with an electronic signature of a cadastral engineer and a sample document confirming its eligibility. The application must also contain the digital signature of the applicant himself.

Thus, timely and up-to-date information can help carry out the correct procedure for changing the status of a piece of land.

In this case, the land user can be completely confident in his rights and avoid possible violations in the field of land use, ensuring operation in accordance with the intended purpose.

Source: https://pravbaza.ru/zemelnoe-pravo/status-zemelnogo-uchastka

Archival status of the land plot

To register ownership, a country house or garden house is registered in the cadastral register on the basis of a technical plan. Now you can simultaneously submit an application for cadastral registration within 2 weeks and register ownership of real estate.

Cadastral registration is carried out by Rosreestr registrars; previously this function was performed by the cadastral chamber. Important: Until January 1 of the year, it was possible to register a residential or non-residential property on agricultural land in a simplified manner using a declaration.

Real estate documents issued before January 31 of the year indicate that the real estate is not included in the unified state real estate register of the Unified State Register of Real Estate.

A land plot is assigned archival status if records about such a property become irrelevant at any current point in time, including land plots, due to the deregistration of the property. Direct legal regulation of this status occurs by the Order of the Ministry of Economic Development of Russia dated. In this case, it is necessary to refer to the articles of the Federal Law dated

Any reason that directly or indirectly indicates a violation of legal requirements, including during cadastral work, may be considered grounds for suspension of registration of property rights.

These terms, which are similar in meaning, are used in relation to the registered land plot in different situations. The reasons for this may be a change in the boundaries of the plot, its division or merging, if the plot does not allow for land surveying of the neighboring plot or due to an error in the cadastre.

The procedure for removing a land plot from cadastral registration

It would be naive to assume that simply at the request of the owner (and in most cases the land registered in the cadastral register is owned) the information contained in the database can be withdrawn. Grounds The law provides for several cases when a registered plot of land is removed from the cadastral register.

Attention

Let's list them:

1. Loss of the site as a whole. It ceases to exist because several sections (including the one indicated) are merged into one.

There is another reason: the division between heirs (or for other reasons) of one plot into several.

• The new plot must be registered in the cadastral register and assigned a new unique number. Registration of a newly formed site has its own nuances.

In what cases is a plot removed from the cadastral register?

All these cases are prescribed in Federal Law No. 221. Do not forget that it is constantly changing and supplemented, so you need to monitor the “freshness” of the document. So, when a site is deregistered:

• If the original site is transformed, that is, a division, consolidation or redistribution occurs. The formed plots receive new cadastral numbers, and the original one is removed from cadastral registration within 3 days after registration of rights or registration of lease for the formed ones. For example, you are dividing a plot. Prepare a boundary plan and submit it to the Cadastral Chamber. Afterwards you receive cadastral passports. But the created plots will have the status of “temporary” until you register them with the Companies House. Only after registration, the original plot is removed from the cadastral register (within 3 days), and the formed ones enter their boundaries. The owner is not notified in any way. (Article 24, paragraph 3 of the Law)
• If the owner of a newly formed land plot for some reason wants to remove it from the cadastral register. But this procedure can only be done before registering the right. (Article 24, paragraph 5.1 of the Law)
• 5 years have passed since the registration of the formed plot in the cadastral register and registration of the right or lease has not been made. The site is removed from the cadastral register. If within 1 year after this the applicant does not appear at the Cadastral Chamber for the documents submitted for registration, all documents and data on cadastral registration of the site are destroyed. (Article 24, paragraph 4 of the Law)
• By the tribunal's decision. It doesn’t matter here whether the information about the site is temporary, or the rights to it have already been registered.

The main thing to understand is the following:
If the rights to a land plot are registered and its boundaries are defined, deregistration of the plot will only be possible through the courts. If a house, for example, burns down, it can be removed from the register without problems, since it is physically destroyed. A plot of land cannot be destroyed. And once it is registered, it cannot simply disappear.

What to do if a land plot is removed from the cadastral register?

They relate to the land surveying procedure and clarification of the boundaries of the site.

We remove the plot from the cadastral register or make changes to the real estate cadastre

The statement in this appeal is required to be written. It is not at all difficult to draw up one, especially if you contact a competent lawyer. But for those who want to do it on their own, writing an application will also not be a difficult process.

The procedure for removing a land plot from cadastral registration is reflected in many legal acts. This includes the Land Code (the first legal act in the hierarchy of laws devoted to land legal relations), as well as presidential decrees and decrees of the government of the Russian Federation.

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Important

Rosreestr. Another option is a multifunctional center (MFC). The centers are more suitable for those who can only visit institutions outside of working hours.

The MFC usually has a different daily routine from the work of government agencies. In addition, the centers are open on one of the weekends. Documents In 2020, the following documents are required in order for a site to be deregistered:

• application for deregistration;
• applicant's passport;
• documents that confirm the applicant’s rights to the site: Certificate of ownership, extract from the Unified State Register of Real Estate;
• title documents;
• receipt of payment of state duty (about 2500 rubles);
• an act of inspection of the allotment in the case where the cause was a man-made or natural disaster.

An employee of Rosreestr takes copies and originals of documents and informs about the timing of the procedure.

Reasons and reasons

Before canceling the cadastral registration of a plot, it is important to determine the basis for this procedure. It will not be possible to simply remove property from registration. If desired, the owner has the right to reorganize the land plot and make it into several plots of smaller area. The opposite situation is also possible, when a group of small plots of land are combined into one. Under such circumstances, it is necessary to cancel the registration, and then restore the cadastral registration of the new land plot.

It happens when, as a result of certain actions, the allotment dies:

• Flood, fire or other natural disasters.
• Hostilities.
• A man-made disaster, due to which the top layer of the allotment deteriorates and is unable to perform its functions.
• Landslides and so on.

See also: Obtaining permission to construct a non-residential building: basic legal requirements

In addition to the division (merger), as well as the destruction of a plot, the grounds for removing property from cadastral registration include:

• The land plot has a temporary status, and its registration was carried out more than 2 years ago. At the same time, the right to own the property was not registered for the specified period.
• One year or more has passed since the temporary status was obtained, but the owner has not registered the rights in accordance with the requirements of the law.

If at least one of the above aspects occurs, the authorized person has the right to initiate the process of canceling the cadastral registration of the land plot.

At the same time, the issue of removal and subsequent restoration of cadastral registration is dealt with by Rosreestr.

Land plot status: deregistered

Deadlines Consideration of the application and documents attached to it lasts by law 18 calendar days. It is during this time that if the result is positive, all information about the site should be excluded from Rosreestr. If a site inspection report is required among the documents, then you need to add a few more days, since the report is drawn up only with the participation of a cadastral engineer. If the procedure is carried out by court decision, then the deadlines are different.

It will take approximately 2-3 months, depending on the situation. But in this case, only 2 documents will be required: an application and a court decision, where there is a mark on entry into force.

Consequences After deregistration of a plot, it ceases to exist as a unit of real estate that was registered with Rosreestr. Thus, ownership of this plot cannot be registered.

Olga Bregnova | Judicial protection | 03/20/2018 21:50 0 Comments

When is it possible to remove a property from cadastral registration?

Where should I contact? You can deregister an object from the real estate cadastre by submitting the required package of documents and an application:

• On the Rosreestr website, but it is necessary that the application be signed with an electronic digital signature. It is purchased from specialized certification centers (the names of organizations can be found on the Rosreestr website).
• At a personal reception at Rosreestr organizations.
  You can sign up on the organization’s website in the special subsection “Offices and Receptions”.
• To a nearby multifunctional center, but you need to check whether the nearest one provides this service.
• By mail, but it is necessary that all papers be certified by a notary.

How to cancel cadastral registration of a plot - instructions for action

Information about the land allotment is reflected in the state register, which is considered the general accounting base of the Russian Federation. After registration, the object receives a special number (code), which is individual and cannot be repeated throughout Russia. In addition, the character set contains an identifier that makes it easy to determine the location of the plot.

To deregister a plot of land, we go through the following steps:

• We collect the necessary package of papers.
• We transfer the prepared documentation to the authorized body.
• We receive an extract stating that information about the land plot is no longer in the state register.

See also: How to register a road with cadastral registration?

In 2020, to cancel cadastral registration, papers are submitted in two versions (at the request of the interested party) - in paper or electronic form.

List of documents and transfer features

In order to deregister certain property (including a plot of land) from the cadastre, you need to spend time preparing the necessary package of papers. It includes:

• Statement. The paper is drawn up by the authorized body according to the model in force at the time of preparation. The document contains personal data about the person (owner), information from the cadastre, type of extract (digital or paper), number of attached papers, day of registration. The application also contains the signatures of the owner and authorized person.
• Certificate confirming the existence of ownership rights to the property.
• An act indicating the existence of rights to use the memory.
• An extract confirming the installation of an encumbrance on the area of ​​interest.

If the information is transferred to the cadastral authority not by the real owner, in addition to the above list, you will have to prepare:

• An application created by the owner of the property. It must contain references to the Federal Law of the Russian Federation, taking into account which powers over the property are transferred to the other party.
• Certificate of transfer of rights to another entity. The latter, in turn, must give the necessary package of papers, as well as a power of attorney from the notary authority.

Please note that the cancellation and restoration of cadastral registration are government services that are provided free of charge. In this case, payment of the state fee is mandatory, but it is purely formal. If one or another body charges the cost of a service, this is considered illegal and leads to a number of difficulties and the need for legal proceedings.

If it is not possible to deliver the papers in person, you can go the other way and send the documentation by mail. If you choose this option, the registration authority must issue a receipt confirming the package of papers. This document is usually accompanied by a copy and a letter of notification of receipt of funds.

Another way is to cancel cadastral registration, and subsequently restore it (if required) via the Internet. But when choosing this method, the applicant must have an electronic signature (EDS). And if companies do not have any difficulties with this aspect, individuals have a number of obstacles that need to be addressed.

See also: How to register a residential building with the cadastral register - instructions