It's no secret that the number of transactions and real estate transactions continues to grow. This concerns not only the purchase / sale, but also other circumstances that everyone may encounter. Thus, without even planning to buy or sell real estate, knowledge of what title documents will not be superfluous.
Who can use this?
- buyers and sellers of real estate;
- accepting an inheritance, gift;
- those who privatize their living space;
- property owners.
The opinion that title documents are a
certificate of ownership is erroneous. The latter is obtained on their basis, but it is not.
Legal documents - what is it and how are they executed?
The documents establishing the right include:
- agreements in which the transfer of rights and its conditions are fixed (gift, purchase, privatization, sale, and so on);
- certificates received after acceptance of the inheritance ;
- court decisions and settlement agreements that have entered into force (as a result of the division of property rights);
- commissioning certificates (for new buildings);
- for facilities under construction - securities confirming full payment of shares (for GSK, ZhSK and DSC).
Decisions or resolutions of local Councils of People's Deputies (for those adopted after October 29, 1993, registration of the Committee on
Land Resources is also required
) are also papers establishing the right in the case of plots.
Evidence of an unlimited right to use land or property is considered only in conjunction with relevant decisions or decisions.
The list of such documents is determined by the Law on State Registration of Rights. Quite often, title documents can be executed in free form. Indeed, there are no approved forms for many documents (for example, contracts). On the other hand, the requirements for them are more than transparent: they should not contradict the law, have a detailed description of the object of the transaction and the type of right to it, as well as full details of its participants.
Documents received from the BTI, various funds and property management, can not be title, but serve as an addition to them.
If the paper is written by hand, the handwriting should be legible, and the text should be written in pen. Sheets of a multi-page document are numbered and stitched. Texts in which it is impossible to unambiguously interpret the above (corrections, postscripts, erasures, etc.) are better not to sign, as this may lead to problems with the registration authorities in the future.
Usually correctly drawn up documents are perpetual (unless the deadline is set in the document itself). They will have to be changed only if the newly adopted law contradicts the old one, in accordance with which they were drafted.
Title documents - what are they for?
First of all, they will be required to register their rights to property, which will be the result of the transaction. If we are talking about property, the paper for which is issued for a long time, then they can not be changed until then, until you need to carry out any operations.
Secondly, they will be required when defending their rights (in the case of someone's claims on them). So, it happened that a person received a certificate from the registration authority, and after some time - a lawsuit, and it was the unclean history of the apartment that he acquired. Therefore, any serious realtor will check the title documents for real estate before the transaction, and will track the entire chain (when and to whom this object was transferred throughout the entire history of existence).