Let”s look at the question: how to register ownership of the land under the house?

One of the most important steps in protecting your property rights and guaranteeing peace of mind is to own a piece of land beneath your home. Whether you’ve been in your house for years or you just bought one, officially registering the land can occasionally seem like a difficult undertaking. You can, however, handle this process with ease if you have a clear grasp of the steps involved.

First and foremost, it’s critical to comprehend the significance of land ownership registration. Your rights to the land are affirmed by this legal acknowledgement, shielding you from future disagreements or claims by third parties. Additionally, it facilitates future sales, transfers, and mortgages on the property. In essence, it’s an essential first step toward claiming complete ownership.

Let’s dissect the procedure next. Usually, registering land ownership entails obtaining the necessary paperwork, completing applications, and maybe paying a few fees. The particular requirements may differ based on your location and local laws, but the overall guidelines stay the same. You can make sure that you have all the required documentation and satisfy all legal requirements by taking a methodical approach.

The process can also be less intimidating if you are aware of the typical obstacles and know how to overcome them. People occasionally run across problems like inconsistent land records or inadequate documentation. Having an effective solution for these issues can help you save time and effort. Consulting with experts, like real estate brokers or attorneys, can also yield important direction and assistance.

We will guide you through the specific procedures to register the land beneath your home in the sections that follow. We will go over everything you need to know to ensure this significant transition goes smoothly, from organizing your paperwork to submitting your application. After reading this guide, you’ll be well-equipped to protect your property rights and take advantage of all that comes with owning a piece of land.

Step	Description
1. Verify Ownership	Ensure you have all documents proving ownership of the land and house.
2. Survey the Land	Get a professional survey to establish exact boundaries.
3. Gather Documents	Collect necessary documents, including land title, survey, and personal ID.
4. Visit Local Office	Go to the local land registration office with your documents.
5. Submit Application	Fill out and submit the application form for land registration.
6. Pay Fees	Pay any required registration fees.
7. Wait for Processing	Wait for the processing of your application, which may take some time.
8. Receive Documents	Once approved, receive your official land ownership documents.

The legislative framework

According to Art. 1 FZ-137, the Land Code of the Russian Federation, which was adopted in 2001, is the primary document that provides support to the landowner during the privatization process.

• in p. 4, st. 3 FZ-137 specifies the conditions for obtaining property;
• P. 5, st. 39.Article 20 of the RF LC indicates the mandatory consent of all residents of the house before the start of registering the plot as property;
• P. 2 – 6, st. 1 of the Federal Law “On Registration of Real Estate” determines the date of ownership of the house, which is considered the date of registration of the right;
• pp. 6, p. 2, st. 39.3 of the Land Code of the Russian Federation determine the preemptive right of home owners when purchasing land;
• st. eleven.10 of the Land Code of the Russian Federation indicates the norms for drawing up a land plan, including the right to create it independently if you have sufficient experience;
• P. 7, st. 39.15 of the Land Code of the Russian Federation establishes the time frame within which local self-government bodies are required to make a decision on the provision of a site in accordance with the scheme;
• refusal must be justified in accordance with Art. 39.16 Land Code of the Russian Federation.

Additionally, when surveying a site and registering land for cadastral registration, one should consider the provisions of Art. 22 FZ-218 and FZ-221 as well as the Law on Real Estate Registration.

What documents are needed?

The set of documents will vary based on the case that served as the foundation for registering land ownership.

The following needs to be completed:

• application for ownership rights;
• cadastral documentation for the object;
• original passport of the land owner;
• documents of title (sale and purchase agreement, certificate of inheritance, deed of gift, etc.).

Citation! A receipt for the state duty payment should also be included in the kit.

How to register a land plot?

The process for registering a plot is contingent upon various factors, including the land’s intended use, status, and the presence or absence of buildings.

Availability of a private building

1. Use a simplified design option in accordance with the norms of the “dacha amnesty”.
2. If such a right does not exist, obtain permission from self-government bodies in accordance with the regulations, Art. 39.20 Land Code of the Russian Federation. The regulations establish that the owners of a capital structure have a preemptive right to register the ownership of the land located under it.

Crucial! The only person with the right to claim the land beneath a private house is its owner.

Privatization of land plots under a residential building

First, a request is submitted to the local government. It should specify your personal information as well as the kind of right you want—property rights are the most common type.

An envelope containing previously gathered documentation is included with the application. It verifies the applicant’s preemptive right and contains documentation for the residence.

In certain situations, you will have to purchase the land based on its cadastral value and prepare the cadastral documentation yourself.

It is required of the authorized body to take the applicant’s appeal into account and respond. There are reasons for the refusal that guarantee the right to file a lawsuit.

Once permission has been given, the plot owner applies to Rosreestr with the necessary paperwork and follows the prescribed process to register their property rights.

Under a high-rise building

In this instance, the management company submits the application and the bundle of documents to the administration. The minutes of the general meeting of the home’s occupants, where the choice to privatize the surrounding area was made, must be included in the set.

The land is listed as jointly owned by the occupants of the home. The size of each plot reflects the proportion of the apartment’s area to the house’s overall area.

Take note! If the house has any municipal apartments, the state owns a portion of them.

In the event that there is no management company, the apartment owners hold a meeting on their own and prepare the necessary paperwork. They are entitled to the area beneath the house as well as every meter of the surrounding area.

The building belongs to several owners

An indivisible plot of land under a house that is owned by two or more people may be registered as shared ownership in accordance with legal requirements. Here’s the fundamental requirement: the application needs to be joint.

The only avenue for resolution if the second owner declines to participate in the privatization is via the legal system.

Unfinished housing

A partially constructed home does not qualify as a capital asset and does not grant its owner any preemptive rights. Squatters should be granted legal status first, and only then can they apply with the necessary paperwork for land privatization.

After the fire

Before land is privatized, burned property needs to be repaired and put back into use.

Referred to! The site’s right of use is terminated and its continued use is limited to squatting if the house is not rebuilt and registered within three years of the incident date.

Construction in plans

Before the land was privatized, if you inherited it or acquired it in another way, you should construct and occupy a residential building.

Plot for rent

After constructing a home on leased land, you can apply to a government agency to become the owner of the land. It is not possible to rent a plot from an individual.

The price of the issue is when can you privatize for free??

For individuals and legal entities, the registration fee for Rosreestr is 2,000 and 22,000 rubles, respectively.

The purpose of the memory determines the extent of the state’s obligation:

• for a summer cottage – 350 rubles;
• share of land in a summer cottage – 100 rubles;
• for agricultural needs – 350 rubles;
• share of land intended for agriculture – 100 rubles.

The extent of the relationship to the testator determines the state duty amount for re-registering inherited land:

• 0.3% of the market value of the property for close relatives;
• 0.6% for 2nd degree relatives.

The maximum sum in the first scenario should be 100,000 rubles, and in the second, one million.

The following people are eligible for a complimentary allocation:

• large families in which children have not reached 18 years of age or 23 years of age when studying full-time;
• young specialists (up to 35 years old), who are citizens of the Russian Federation with completed professional education, working in rural areas. Detailed information here.

It is essential to register the land beneath your home in order to protect your property rights and stay out of trouble with the law. This procedure entails tracing the boundaries of the property, making sure all required paperwork is in order, and navigating local laws. You can confidently establish your ownership and safeguard your investment by being aware of these steps.

Deadlines

Within a month of receiving citizen appeals, the regional administration is required to formally announce its ruling. Property rights in Rosreestr are registered in a span of seven days.

The applicant may go to court if his request is denied. Court cases are heard over an extended period of time; the length of the case is determined by its complexity, the participants’ involvement and accountability, and the number of cases that are heard.

What difficulties may the owner encounter??

Currently, obtaining a plot at no cost requires a unique status or compelling cause. It is essential to purchase the land.

The cadastral value of the plot determines the prices that each region is allowed to set. For instance, the cadastral price is deducted by 3% in the Moscow region.

The cost of nearby plots can be used to estimate the value of a plot in the event that it is not listed in the cadastral register. You can obtain comprehensive information about each site by clicking on it in the public map found at the provided link.

The owner will ascertain the value of his land by multiplying the average cadastral value of one hundred square meters of adjacent plots by the total number of hundred square meters in the plot of interest, using the information provided.

It should be kept in mind that certain plots are not suitable for privatization, and applicants attempting to obtain them will inevitably be turned down.

Among them are:

1. Located in several territorial zones.
2. Buildings crossing red lines.
3. Located in areas inaccessible for construction. These zones include:

• Forest
• Particularly valuable lands for the state
• Secret objects
• Water protection zones

The issue of not having title documents may arise if it is possible to own land for free. Any documentation proving the object was used lawfully may be used by the owner.

Take note! Even though it was issued in a previous owner’s name, the document is still valid.

If the information is limited to legal acts, you ought to get in touch with the archives. Additional sources of data include BTI, Rosreestr, and USRN.

Just because the owner of the house operates the facilities, does not give the administration the authority to deny free registration because the owner does not have title documents.

Useful video

Further details regarding the subject matter of the article in the video:

One of the most important steps in protecting your property rights is to register ownership of the land beneath your home. It guarantees that your land is legally recognized and shields it from future claims or disputes. Even though there are multiple steps in the process, it is manageable with the correct supervision and documentation.

Initially, obtain all required paperwork, such as your driver’s license, the house title, and any records of past land ownership. These are necessary in order to validate your claim. After that, go to the land registry office or other comparable authority in your community to file your application. To prevent delays, it is crucial that all forms are accurately filled out.

Your application will go through a verification process after it is submitted. To make sure all information is accurate and the boundaries of the land are clearly defined, this may involve inspections and reviews. Keep in touch with the registry office during this period for any updates or new specifications they may have.

You will obtain official documentation verifying your land ownership following the verification process. These documents are your proof of ownership, so keep them secure. To guarantee that your property is safeguarded for future generations, you should also think about revising your will or estate plan to reflect this ownership.

In summary, even though registering your land ownership entails a number of steps, it is an essential procedure for protecting your property rights. You can be certain that the land beneath your house is legally yours by following the right procedures and keeping meticulous records.

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