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There are no abandoned lands in the Russian Federation. If a territory has no owner, it belongs to the state. Recently, information about all plots and their owners is contained in a single database - EGRN (formerly GKN).
Since 2008, in connection with the systematization of information, such a definition as “previously recorded land” has appeared. What it means and what features it has, you will learn from this article.
The status of a land plot is “previously registered” - what does this mean?
Each property must have strictly defined boundaries and be registered with the Unified State Register of Real Estate, however, the systematization of data on plots and their owners began relatively recently - after the adoption of Federal Law No. 221 of July 24, 2007 .
Due to changes in legislation, a new classification of land has appeared.
Based on the nature of the information contained about the property in the Unified State Register of Real Estate, the following types of plots are distinguished:
- temporary;
- archival;
- taken into account;
- canceled;
- previously taken into account.
The territory registered before the entry into force of Federal Law No. 221 has the status of previously registered land. This category also includes plots for which ownership rights arose and were successfully registered before March 1, 2008.
Thus, it is not uncommon for the owner of a property to contact Rosreestr for the first time, and a government agency employee informs him that the site has already been registered previously.
The main characteristics of this status of real estate are contained in Article 69 of Federal Law No. 218 of July 13, 2015.
The Rosreestr website is unreliable
Photo: social networks Complaints from citizens that the website of the Federal Service for State Registration, Cadastre and Cartography is distributing false information have become more frequent. In particular, those responsible for updating information in the Unified State Register of Real Estate are in no hurry to promptly correct information about restrictions on rights and encumbrances of a real estate property. As a result, citizens find themselves in a situation where the ban on transactions with property has been lifted, but due to the sluggishness of Rosreestr they cannot do anything with the land.
Readers contacted the editors of AN with a request to restore justice. Unfortunately, appeals to Rosreestr remained unanswered. Thus, a ban on land transactions was once imposed on one of the plots in the Moscow region. However, on July 16, 2020, according to a statement from the bailiff, this ban was lifted. This is confirmed by the official response from Rosreestr. It would seem, what could go wrong here?
It turned out that not a day or two later, or even two weeks later, these changed circumstances were entered into the Unified State Register of Real Estate. Thus, the extract dated July 30, 2020 still states that restrictions have been imposed on the plot in the form of a ban on transactions.
The negligence of the EGRN employees is evident, whose sluggishness directly affects the wallets and even the reputation of citizens. At the same time, complaints to Rosreestr about the “forgetfulness” of responsible persons remain unanswered. Which is very strange. After all, it was precisely the problems in interaction between departments of Rosreestr when making changes to the website that led to the fact that the website of the Federal Service can no longer be considered reliable. Such an example of blatant incompetence casts a shadow of doubt on all the information in the Unified State Register of Real Estate. How many more are there?
The editors of AN urge Rosreestr to pay attention to the problem of updating information in the Unified State Register of Real Estate and take action to prevent this from happening again in the future.
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Features of previously registered lands
During the Soviet era, the land did not have clearly defined boundaries, because land surveying was not carried out. Although the systematization of data on plots began several years ago, in practice there are still cases when the owner of the property has title documents in hand, but there is no information about the land in the Unified State Register of Real Estate (formerly the State Property Committee) database.
This situation can be corrected. The owner of the property must contact any branch of Rosreestr with a written application to enter information about the site into a unified data system.
If this land does not have clearly defined boundaries, the citizen will first need to call a specialist to carry out cadastral work and land surveying.
Entering information about a site into the Unified State Register of Real Estate is carried out exclusively at the request of a citizen. Government agencies are not required to initiate this process.
Useful material : Categories of land and type of permitted use.
Restriction of rights and encumbrance of a property is
- only the law determines the types of restrictions (encumbrances) of rights and the procedure for their establishment;
- Only real rights are limited (encumbered);
- restrictions (encumbrances) are established in relation to specific persons. Accordingly, their registration is possible only if they indicate
- Registration of an easement is carried out at the request of the owner or the person in whose favor the easement is established, if he has an easement agreement.
- The scope of the easement (part of the land plot or other real estate in respect of which it is established) is noted on the cadastral passport (cadastral extract) of the plot or other real estate. Note that part of the real estate in this case is only the scope of the easement, and not its object. The object of a private easement as a property right is the entire object; the scope of the easement only spatially limits the right to use the object.
- If the easement applies to the entire plot, provision of its cadastral passport (extract) is not required. In this case, the right to limited use of an object has not spatial, but other restrictions. The right of use may be limited to certain terms or conditions.
Also read: Order of the President to Pay 100,000 Rubles for Each Child
Features of entering information about a site into the state cadastre
So, we figured out what the status of a previously registered land plot means. Particular attention should also be paid to the process of entering information about a property into the Unified State Register of Real Estate.
If information about the land is not contained in the state system, the owner will not be able, if necessary, to order an extract from the Unified State Register of Real Estate.
This document confirms that the citizen has ownership rights to the plot, contains its detailed characteristics and a list of all owners. Most often, it is required when applying to a bank and government agencies, as well as when alienating an object.
The procedure for entering information about land into the USRN database is as follows:
- collection of documentation for the site;
- filling out an application form for entering information about an object into the system;
- provision of these papers to the Rosreestr branch;
- receiving an extract from the Unified State Register of Real Estate (it confirms that information has been entered into the database).
If a citizen has provided an incomplete set of documentation, a Rosreestr employee has the right to refuse to accept the application. In addition, the grounds for refusal may be the presence of errors in the request form, the lack of clearly defined boundaries of the land, or the presence of a land dispute with neighbors (owners of adjacent plots).
You can contact Rosreestr again after correcting the problem that caused the refusal.
What tricks are hidden in the new law on real estate registration - lawyer
On January 1, 2020, the federal law “On State Registration of Real Estate” comes into force. It introduces fundamental changes in the field of registration of rights and cadastral registration.
The main changes are as follows: the Unified State Register of Real Estate (USRN) is being created, combining the currently existing Unified State Register of Rights to Real Estate and Transactions with It (USRP) and the State Real Estate Register (GKN).
What's new
From January 1, an extract from the Unified State Register will be the main document confirming a citizen’s ownership of real estate.
Also, starting from January, documents for registration of rights and cadastral registration of real estate can be submitted to any department of Rosreestr or MFC, regardless of where the real estate is located.
The deadlines are being reduced: when submitting an application to Rosreestr, cadastral registration and registration of rights will be completed simultaneously within 10 days. If you need to receive one of the services, it will take no more than seven days to register your rights, and no more than five days to register your rights with the cadastral register.
Owners of parking spaces will be able to register their rights to them in the usual manner for other real estate properties. Real estate objects have a history - all transactions on it will be stored in the register, the data can be obtained in one extract. A new service has been introduced - delivery of documents by courier.
As with any new law, you should expect a little confusion at the beginning of its application, but in general, thanks to the innovations, the procedure for registering real estate and registering it with the cadastral register should become simpler and more convenient.
Combining two databases into one registry causes slight anxiety, since information on objects does not always match. Discrepancies may relate to the cadastral number, area, address of the property, etc. The issue related to maintaining the Unified State Register in electronic form also raises concerns.
There are and will be scammers. A complete transition to electronic registry maintenance can attract hackers and create new threats for property owners.
After all, any innovation not only opens up new opportunities for respectable people, but also brings new threats that can be used to steal and falsify data.
Basic problems and tricks
But the main problem is different: our registry continues to maintain the condition that the registered right can be challenged. And it turns out that it can always be challenged; there is no situation where a registered right is truly an objectively existing indisputable right.
That is, you still need to rely on it in civil transactions “with an eye” on its contestability. In England, for example, anyone can make an entry in the register regarding real estate. If after 12 years no one has challenged it, then the right becomes “eternal”, “indisputable”. This creates stability in civil circulation.
It is necessary to stop the practice of claiming from the bona fide owner (purchaser) in all cases, and only pay compensation to the injured party.
The law does not fully address the issue of liability if someone relied in good faith on registry entries.
For example, if a transaction for the sale of an apartment or house must be canceled, and for a bona fide purchaser this is the only housing, then he is entitled to a one-time compensation from the treasury of the Russian Federation, but not more than one million.
The injured party will first have to spend a long time searching through the courts, looking for the proper compensation. Because compensation can only be paid subject to the entry into force of a court decision on the impossibility of obtaining compensation from third parties.
For example, in the event of the death of a debtor-citizen or in connection with making an entry on the exclusion of the debtor-organization from the Unified State Register of Legal Entities. What should a bona fide purchaser do next with this compensation? Will he be able to provide himself with new housing?
It should be noted that there are minor tricks in real estate law. For example, the deadlines for registration actions have been reduced, and the deadlines for suspension have been increased.
Procedures for cadastral registration and state registration of rights may be suspended for three months by decision of the state registrar, for six months - at the initiative of the applicant. Among the grounds for suspension is failure to provide documents requested by the rights registration authority under interdepartmental requests.
And the grounds for suspension then become grounds for refusal. It turns out that you can get a refusal on legal grounds due to the incompetence of the authorized body. Again the applicant is the loser.
An extract from the Unified State Register of Real Estate from January 1, 2020 will be the main document confirming ownership of real estate. It is worth remembering that the USRN information is relevant only at the time of its provision from the register.
This is an important clarification in the real estate law, since already on the day the document is issued, the information contained in the register may change.
That is, when making a transaction, it is imperative to request an extract on rights and encumbrances and compare the periods of receiving an extract from the Unified State Register of Real Estate with the date of signing the agreement.
If the extract was issued a month ago, the risk when concluding a transaction increases, because within a short time information about the property may change: the property may be seized, a mortgage agreement may be concluded, and the applicant may end up in a procedure for challenging his rights in court.
Source: //www.vedomosti.ru/realty/blogs/2016/12/09/668992-hitrosti-zakone-registratsii-nedvizhimosti
Encumbrances on ownership of an apartment
As for unregistered encumbrances and the possible existence of third party rights to the apartment, this is more difficult to detect. The buyer will have to understand the title documents, go through all the stages of preparing the transaction and make sure of the “legal purity” of the purchased apartment. There is a detailed one for this . Opens in a new tab.”>STEP-BY-STEP INSTRUCTIONS .
- The seller of the apartment has not yet paid off the mortgage loan for it, and is selling it along with the debt and collateral (encumbrance);
- The buyer bought the apartment in installments (until the full amount is paid, the apartment is pledged to the Seller);
- The apartment is sold together with the tenants living in it under a lease agreement (the Buyer takes the place of the lessor);
- The apartment is sold encumbered with rent (the Buyer takes the place of the rent payer, with the consent of the rent recipient).
27 Jun 2020 stopurist 761
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