The state is always with great attention to the sphere of land relations. However, only after the formation of a single database - the state cadastre - all the information about immovable objects, to which the land belongs, was able to be collected in one place and streamlined.
GKN update is ongoing, because legal relations are becoming more complicated, many transactions are being made. As a result, new concepts arise that have not previously been used in practice. One of them is " previously registered land". This concept is unknown to many owners and users. Let's consider it in more detail.
General information
Depending on the nature of the information about the land, they are classified into:
- Canceled.
- Archival.
- Temporary.
- Accounted for.
- Previously recorded.
Land plots are real estate objects with which it is possible to make transactions stipulated by law. The category “previously allocated allotment” arose after the entry into force of the Law “On the State Real Estate Cadastre”.
Definition
What does the previously recorded land mean ? This is such an allotment that was registered before the enactment of the above law or the rights to which (property, use, rental, development) were registered before 03.03.2008, but the object was not registered.
The lack of a unified information system about real estate does not mean that information about them has not been recorded anywhere.
Problems in practice
After the entry into force of the new law, many difficulties arose regarding the registration of land plots. There is no information about previously allotted plots in the new information system. Accordingly, the owners (users) cannot make any transactions with them.
GKN should contain information about all real estate objects. However, the process of entering information will be quite lengthy. Currently, a situation often arises when there is no data on the allotment in the state cadastre yet, but the owner needs to get a cadastral passport.
The constitution guarantees citizens the right to dispose and own land. But only after the registration of the object will it be recognized that it belongs to a specific person. Until the status of the land is determined, no legal actions are available to the subject, including privatization. The registration of new allotments and the disposal of incorrectly performed procedures for surveying and establishing boundaries are significantly complicated.
Solution of problems
The legislation provides for the possibility to enter information on a previously recorded land plot on the initiative of the owner. To do this, the interested person must contact the authorized state agency with a statement and papers confirming the existence of the immovable object and the right to it. Title documents are:
- Lease contract.
- State act.
- Extract from the house book.
- Sv-about the right of ownership, lifetime possession, perpetual use.
- The decision to provide an allotment to a specific citizen.
The legislator allocates 10 days to the authorized body for entering data on previously registered land. This deadline begins to flow from the day the application is submitted. After reviewing and checking the documents, the applicant is provided with a cadastral passport or an extract from the State Property Committee.
Reasons for refusal
Not in all cases, the applicants are able to enter in the State Property Committee information on previously registered land. This may be due to the imposition of allotment boundaries on neighboring plots or on municipal land. Such situations occur due to errors of local authorities that conducted an inventory or prepared cadastral work, cadastral engineers themselves , who determined the boundaries, as well as cadastral service employees who entered information into the register.
Clarification of the boundaries of the previously recorded land
It can be implemented in a simplified manner. The law governing the maintenance of the state cadastre stipulates two reasons for which the borders should be clarified: they were not installed at the previously considered land plot or were installed, but their accuracy did not coincide with the normative.
To clarify the boundaries, the interested person submits an application to the body authorized to carry out the functions of state regulation in the field of land relations. It should be noted that the simplified procedure is valid when, after the procedure for clarifying the boundaries, the allotment area remains the same. If it changes in one direction or another, the question is decided only by agreement with the neighbors.
The legislation does not establish the obligation of owners to specify boundaries. The main thing is to put the previously registered land on cadastral registration , enter information about the object and its copyright holder in the register. However, for your own peace, it is advisable to conduct a land survey. In practice, an unscrupulous neighbor can completely capture part of the site. In such cases, you have to go to court. The trial could drag on for years to come.
Features of the application
Submit documents to the authorized body is entitled to an entity that has a plot in a lifetime possession, ownership, perpetual use. The written application form must be followed. It indicates all the necessary information:
- Applicant's full name
- The location of the object.
- Details of the title document.
Removal from the register
Unfortunately, the removal of previously recorded plots from cadastral registration is accompanied by no less problems than the statement. The fact is that the legislation generally does not provide for such a procedure. However, in practice, situations often arise when the allotment needs to be changed: divided, combined with another. As a result, new properties appear.
Any manipulations with the allotment, changing its essential characteristics, are the basis for removing it from the cadastral register.
Previously registered land can be removed from the register and through the court. In this case, be patient, because such cases are resolved for a very long time.
The number of litigation related to deregistration of plots is only growing annually. Today, this is almost the only way to solve the problem. It should be remembered that court decisions are not used in Russia as sources of law. This means that if even in a particular case a decision was made in favor of the plaintiff, in another case there may be an opposite outcome. Much will depend on the vision of the judge. However, the decision can be challenged in a higher court.
Cons and pros
With previously considered allotments there are many problems. However, there are some advantages of this status. The main advantage can be called the fact that the owner or land user does not need to go through a fairly lengthy procedure for registering an object. It is only necessary to conduct a land survey, cadastral work. Upon completion, the interested person will receive the necessary documents with which he will go to the registration authority.
The main disadvantage of the “previously considered” status is that the state cadastre contains incomplete information about the allotment or information that does not correspond to reality. In some cases, it will take quite a while to fix them.
Conclusion
Land relations - a specific area. Owners and users of plots have to delve into the many subtleties of legislation. It is far from always possible to quickly and without special financial losses solve a particular controversial situation.
Previously recorded sites are a real headache for many owners and users. The lack of information in the state cadastre significantly limits their rights. This situation can be corrected by contacting the registration authority - the cadastral chamber. It is advisable to first consult with a qualified lawyer with experience in land disputes.
Equally important are relations with neighbors. Very often, when resolving issues related to the registration of the site, their consent is necessary.