A land plot owned by a citizen or company, as an object of real estate, may be registered in the cadastre. What are the mechanisms for implementing this procedure? What are the benefits of registering a site in the cadastre?
For what purpose are land plots cadastral?
Indeed, before considering how to put the land on the cadastral register, it will be useful to study with what, in fact, the purpose of this procedure can be carried out.
The main reason in this case is that only if the information on an object is correctly entered into the state register, it is possible to carry out legal relations, the subject of which this object is. If the site is not put up for cadastral registration in the established manner, then it will be extremely difficult for the parties to the transaction to determine its legal status, and, if necessary, to prove it. This may require a large number of additional documents, and in some cases they may not be enough: the fact that the land is put on cadastral registration may, therefore, be of decisive importance.
The presence of information about the property in state registers, thus, allows:
- unambiguously determine the ownership of the corresponding object to a particular citizen or organization;
- fix the boundaries of the plots.
Both parameters can be of decisive importance in certain legal relations.
Registration of an object in the cadastre: documents
Let us now examine, in fact, how to put the land on cadastral registration. First of all, to a citizen - we agree that the procedure in question is carried out on behalf of an individual - it is necessary to collect a set of documents to solve the corresponding problem. It most often includes sources such as:
- a certificate or other document, which confirms the right to own a person plot;
- a contract or other source, on the basis of which a citizen acquired the right to own an object;
- boundary, as well as geodetic plan of the land;
- power of attorney on behalf of the owner - if the representative of the citizen is engaged in cadastral registration;
- receipt of the transfer to the budget of the amount of the state fee.
In some cases, it is possible to supplement this set with certificates from other owners if several people own the land. Other sources that may be included in the kit submitted to Rosreestr are lease agreements, perpetual use, confirming the right of inheritance, sale or, for example, donation.
It is quite acceptable that the land may belong to state bodies, and their use is based on a lease. How to put the land on cadastral registration in favor of the state in this case? Very simple.
First of all, it is necessary to obtain permission to register the relevant object from the Ministry of Property Relations, as well as from authorized tenants. In order to obtain this consent from the agency, the tenant who is interested in entering the land plot data into the cadastre must write a statement to the relevant ministry and also present an agreement there on the basis of which the citizen receives the right to use the property. After these documents are collected, you can contact the competent authority responsible for registering certain objects in the cadastre.
Registration of the site: appeal to the competent authorities
Where can I put the land on the cadastral register, based on the rules of law of the Russian Federation? In this case, there are two options - apply to Rosreestr, to the main department responsible for entering information about real estate in state registers, or to one of the MFCs, which have the right to transfer documents from citizens or organizations to Rosreestr. When contacting these structures, it is necessary to present a passport or other authorized document proving the identity of the person.
How to put the land on cadastral registration to the citizen himself, taking into account the practical nuances that characterize the features of the interaction of individuals with Rosreestr? First of all, when submitting documents to this department, it is necessary to ask the specialist who has accepted them for a receipt on the acceptance of sources. This document fixes the date of receipt of finished documents at the Federal Register of Registration, including a new cadastral passport of the object.
If the sources transferred to the Rosreestr or the MFC do not contain errors, then within 30 days the site will be registered in the state registers. This fact is confirmed by the cadastral passport, which is issued to the citizen. But if the documents are not all right, some difficulties may arise with the registration of the land plot. Consider what they may be.
Registration of a site: problematic issues
First of all, the procedure for registering an object can be suspended if a citizen authorized to register the corresponding property has brought an incomplete set of documents to Rosreestr or MFC. In this case, the person must bring the missing sources to the competent institutions.
Also, problems can arise if Rosreestr specialists detect errors in existing registries. In this case, a person who is planning to put his land on cadastral registration needs to send a statement to the agency in the established form about incorrect data in the cadastre, as well as with a request for their correction.
A variant is possible in which the fact of superimposing the boundaries of the site registered in the Rostreestr to those that are set in the cadastre for another property is revealed. How to put the land on cadastral registration in this case? The procedure involves a somewhat more complicated path: it will be necessary to contact competent specialists with a request to conduct a new land surveying of the territory, and in some cases to coordinate their actions with the owners of another site.
There may be situations in which Rosreestr will completely refuse a citizen to register a site. As a rule, such decisions of the department are due to the fact that the site may relate to those that, in principle, are not subject to inclusion in the inventory. In addition, Rosreestr may refuse to register the relevant object in the event that:
- there is an injunction to enter information about the site in the registry;
- the object consists of territories with different status, which cannot be combined by virtue of the provisions of the law;
- Documents on the registration of the site were submitted to the Federal Registration Service by a person who did not have authority for that.
So, we studied where to put the land on the cadastral register, as well as which sources in this case should be transferred to the Rosreestr in order to solve this problem. There are a number of nuances that characterize the entry of information about real estate in state registers when dividing or, conversely, merging plots. So, in both cases, registration of new certificates is required at the Rosreestr - after the cadastral passport for a new property is issued. This is due to the fact that in each separate certificate the cadastral number of the object is recorded. If the territory is divided or combined, then the corresponding number can be changed.
How to apply for a registered site?
Having solved the problem under consideration - how to put a land plot on cadastral registration, its owner will also have to issue a new certificate for the property. This procedure can be carried out after the new cadastral passport of the site is received by the person who interacts with Rosreestr. In accordance with the legislation of the Russian Federation, the certificate in question must be issued within 2 years after receiving the cadastral passport to the site, otherwise this property may be excluded from the state register.
Thus, the task - how to put the land on the cadastral register itself - can be solved quite successfully, but at the same time, the citizen needs to get a certificate for the corresponding property. In principle, this is not difficult. In order to draw up this document, it is necessary, again, to contact the Rosreestr, present a passport, fill out the application submitted in the established form, and also supplement it:
- cadastral passport;
- agreement - on the basis of which a person receives the right to use the site;
- boundary plan.
Before you put the land on the cadastral register, you must pay the state fee. Having accepted the documents, the Rosreestr, as in the case with the registration of the real estate object, gives the citizen a receipt that the sources have been received. Within 14 days, the agency draws up a certificate of ownership of the object. A citizen or his authorized representative can personally pick up this document.
Now consider a number of practical nuances of solving the issue in question - how to put a land plot on cadastral registration. So, for the implementation of this action, a number of conditions are established.
Conditions for registering an object
One of the key conditions for registering a property is having a citizen legal capacity. He must be an adult and have the necessary authority to enter information into the inventory. The next condition for solving the problem in question is the compliance of the site with the established requirements. So, this object should belong to a person on the basis of:
- certificate of ownership;
- a document on the unlimited use of the site;
- a document on the use of the property on the basis of inheritable ownership;
- a contract confirming the transfer of the land to the disposal of a person under the lease.
The next factor is the lack of prohibitions on the inclusion of the site in the inventory. We already spoke about this above, and you can find out whether it is allowed to register a particular real estate object by making a request to the Rosreestr.
So, we examined how to register a land plot in the state register, put on cadastral registration part of the land plot or a new territory formed upon the merger of various real estate objects under the general legal mechanisms. But there is another way to enter information about the site in the cadastre - using the rules of law adopted by the state in the manner of the so-called country amnesty. We will study this mechanism in more detail.
Register a site with a "summer amnesty": nuances
How to put the land on cadastral registration under the "summer amnesty"? This task can be characterized by a number of difficulties. The fact is that in the general case, the citizen initiating communication with Rosreestr resolves the question - how to put the land on the cadastral register as previously taken into account, reflected in various databases - for example, according to documents certifying the fact of a person owning the corresponding object in possession . Registration of a site within the framework of a “summer cottage amnesty”, in turn, does not always imply that a citizen has key documents, which are used as part of the general mechanism for entering information about a property in state registers - in particular, a cadastral plan, as well as title documents.
Therefore, the solution of the problem in question can be legally divided into 2 stages - related to the procedure for processing the necessary sources, as well as directly involving the registration of information about the site in Rosreestr. We will study them in more detail.
Registration of an object under the "summer amnesty": collection of documents
As an example, we consider how to put a land plot on cadastral registration in SNT, that is, in a non-profit gardening partnership. First of all, the owner of this territory should have the necessary documents in hand - their collection will need to be given attention. These sources may be submitted:
- an act or certificate of provision of the property in inherited possession or perpetual use, which can be executed by the competent state authority;
- an old-style certificate confirming the right to own a citizen's land;
- an extract from registration documents at a competent institution, which reflects the citizen’s right to one or another plot used by him for the purposes of personal management.
The next most important document is the cadastral passport. It is actually a map on which the boundaries of the plot are fixed. In this case, the solution of the question is supposed - how to put the land on cadastral registration with land surveying. The corresponding plan is the basis for inclusion in the state registers of information about a territory with a specific area.
An alternative to the cadastral plan may be an extract certifying the fact that the land is not put on the cadastral register. But if it is applied, then it is necessary to carry out boundary surveying. It should be borne in mind that in many cases it is a rather long procedure.
So, the documents are collected.
In the framework of the "summer amnesty" mechanism, what will be the other actions of the citizen? How to put the land on cadastral registration? The procedure provided for by the legislation presumes, as in the general scheme, a citizen’s appeal to the Rosreestr or to the IFS that has the necessary powers. It will be necessary to present a passport to the relevant departments, as well as documents collected at the first stage. But the registration of land in the cadastre under the "summer amnesty" is characterized by a number of nuances. We will study them.
Registration of land in the cadastre under the "summer amnesty": nuances
The first nuance that experts recommend paying attention to is that if the information about the land does not match, which is reflected in the old-style certificate (if it is used as a justification of a citizen’s right to own the corresponding property), the latter are used for cadastral data of the new one. A citizen is not entitled to register a land plot (cadastral registration is carried out in strict accordance with the law) by the Rosreestr according to the data that are reflected in the old certificate.
If the document submitted to Rosreestr does not explicitly reflect the type of right to own real estate, then in general, this fact should be interpreted by Rosreestr as a reason for recognizing a citizen's full right to own the land.
If it is not a question of solving the problem of how to put a land plot on cadastral registration without land surveying, then a citizen will need to prove in one way or another to the Rosreestr the legality of registering a property within established boundaries. This can be done, for example, by presenting documents, which confirm the absence of any territorial claims against the citizen’s neighbors.
As in the case with the general mechanism for registering information about the land plot in the cadastre, a person who interacts with Rosreestr within the framework of a "summer cottage amnesty" must, after receiving the cadastral passport, also draw up a certificate of ownership of the object in the prescribed manner.
Summary
So, we learned how to put the land on the cadastral register - by ourselves or, for example, through a representative with a power of attorney. For this, a general mechanism for registering real estate objects or the so-called summer amnesty can be used. In the second case, a set of documents presented by a citizen to the Rosreestr, an agency responsible for registering land plots for cadastral registration, can be represented by sources issued in years when other norms of the law were in force, in accordance with which the citizen’s right to use the plots was confirmed.
In cases established by law, you can contact not only the Rosreestr, but also MFCs with the necessary authority. In both cases, the citizen pays the state fee for registration actions of the competent state departments. , .
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