Anyone involved in property and land use must comprehend the idea of an indefinite lease of a land plot. An indefinite lease, in contrast to regular leases with set terms, gives the lessee the freedom to use the land for an arbitrary amount of time. Many people find this kind of lease to be an appealing option because it can provide greater flexibility and long-term security.
A few procedures need to be taken in order to legally register an indefinite lease. First and foremost, it’s critical that the landowner and lessee have a precise and official agreement. The terms of use, obligations of each party, and circumstances surrounding the termination of the lease should all be included in this agreement.
The next step is to send the required paperwork to the appropriate authorities as soon as the agreement is in place. This frequently consists of the lease, identification documents for each party, and any necessary land surveys or assessments. To prevent any delays or complications, it is imperative to ensure that all documents are complete and accurate.
Following submission, the application will be reviewed by the authorities, who may then carry out inspections or ask for more details. It may take some time to complete this process, so patience is crucial. The lessee will have the legal right to use the land in accordance with the terms of the agreement once the indefinite lease is approved and officially registered.
Although registering an indefinite lease may seem difficult, it can be a simple process if you prepare ahead of time and are aware of the requirements. Those wishing to secure long-term use of land may find this arrangement to be beneficial in the long run.
- Legal regulation
- Registration of rights
- Agreement
- Some differences for individuals and legal entities
- Procedure for registering a land plot from permanent use to ownership
- Video on the topic
- Buying out a leased land plot into ownership. I do not recommend doing this
- Concluding a land lease agreement for a new term
- Land lease. Auction
- Right to a land plot. Permanent (indefinite) use
- Land lease and buyout from the state without an auction
Legal regulation
In 2020, perpetual leasing of land parcels is a fairly common practice.
Once the lease agreement is signed, you can start using the plot rationally. Citizens who require an allocation temporarily will benefit from this type of rental.
The following can make use of a land plot’s indefinite lease:
- Citizens who received, on various grounds, an indefinite right to use land before the adoption of the Land Code in 2001.
- Citizens who received a permanent right in accordance with the adopted Land Code.
Individuals and legal entities that have not acquired ownership rights to the land plots they use since the USSR’s era comprise the first group. Plots of various uses, such as dacha acres, factories, and industrial buildings, are included in this category.
It is noteworthy that the government of the nation actively encourages the registration of these lands as property rights, streamlining the property registration process and extending the "dacha amnesty."
According to Article 39.9 of the Land Code of the Russian Federation, among the legal entities with the right to the second are those that are entitled to the land plot’s permanent use:
- federal and local authorities,
- state-owned enterprises,
- non-profit organizations and heritage centers of former presidents of the Russian Federation.
These institutions have the perpetual use right over the land and are not required to register their ownership in order to use it for their own purposes. Higher authorities make the decision about giving land for perpetual use.
Registration of rights
The owner’s permission is required before any land is chosen or transferred for commercial gain. Plots can be transferred from government ownership to private ownership thanks to land rights.
The perpetual circulation right of a land plot must be registered in compliance with the regulations established at the code of laws level.
The right-registration algorithm:
- To determine the area of land, it is necessary to carry out land surveying. This process is carried out by specialists of cadastral services or engineers – surveyors.
- After land surveying, the plot is registered in the cadastre, and a special passport is issued for it. A citizen must have a survey file with him, addressed to Rosreestr.
- You also need to draw up a sample cadastral plan of the area. The security is issued by the land department of the local administration.
- The resolution is drawn up by the municipality if all necessary papers are available.
- Property registration is carried out by specialists from Rosreestr or MFC within 14 days.
- An extract from the Unified State Register confirms all changes made.
Agreement
Plot perpetual leases vary in the package of documents according to the class of citizens who are entitled to unrestricted use of plots.
Formerly, the right of perpetual use could only be transferred by local acts; however, legal entities must now draft a perpetual use agreement with a higher authority, i.e., the land plot owner, in order to exercise this right.
The following elements are present in a perpetual land lease agreement:
- name of interested parties with filling in their details;
- subject of the contract;
- size and location of the plot of land;
- type and group of land allotment;
- economic purpose;
- cadastre scheme;
- time frame for using the land plot;
- procedure for using the allotment.
Registration is required in order to access the site.
An agreement covers a piece of land with distinct boundaries. This implies that the only land you are able to use indefinitely is land that has undergone a land survey procedure, meaning that the cadastre number and the boundaries of the allotment have been determined.
Under the precise conditions outlined in the contract, the land plot is transferred from the owner to the user, as attested by the acceptance certificate.
The landowner controls the plot’s intended use and is entitled to terminate the agreement if the following conditions are met:
- the allotment is not used for the purpose specified in the document;
- the site is used without complying with the category;
- the environment is negatively impacted by activities carried out on leased land;
- the rights of others were violated when using the land.
The land plot’s owner has two options: either prepare an order to end all infractions brought about by careless land use (remove illegal garbage, stop cutting down trees), or cancel the perpetual lease agreement with the violator.
The following paperwork needs to be gathered and submitted in order to register rights for perpetual land use:
- Application from the owner to formalize the possibility of long-term (indefinite) use of the land.
- Administrative act (copy) for a land plot (sent for state registration in at least two samples, after state registration one of them is returned to the owner).
- The original plan of the cadastre of the territory, registered by the body responsible for cadastral registration, and its official duplicate.
- The cadastral diagram of the land plot (duplicate), after its submission to state registration, is returned back to the copyright holder.
- Other documents that the owner has – originals and duplicates of government acts and certificates.
Depending on the circumstances of each case, a different number of official documents might be required for state registration.
Companies and groups must provide documentation attesting to the representative’s qualifications:
- a report from the official document of the single meeting of shareholders on the election of the executive body of the organization (chairman of the board, general director, chairman of the board of directors), which will be certified by a legal entity;
- a duplicate of the owner’s order to select a manager (director) or a duplicate of a contract officially concluded with him, certified by the company’s seal.
A private individual shows a passport.
- Download the form of an agreement for an indefinite lease of a land plot
- Download a sample agreement for an indefinite lease of a land plot
Some differences for individuals and legal entities
Companies and organizations were required to re-register every land plot that was allotted to them in order to avoid paying fines that could range from 20,000 to 100,000 rubles.
Lawmakers altered the re-registration deadline because some legal entities were unable to complete this task in a timely manner. The procedure of re-registering was laborious:
- railway track,
- high voltage lines,
- technical buildings,
- road infrastructure.
In 2020, all land utilized for these structures needs to be reregistered. You must buy the land from the city government in order to register your property rights.
Land can also be rented out. If you choose this option, there is a fee associated with using agricultural land: 0.3% of the cadastral value, 1.5% when using land that has been taken out of circulation, and 2% for remaining plots.
On land that is leased for an indefinite amount of time, a private individual grows fruits and vegetables as part of subsidiary farming. It is also possible to transfer ownership of such dachas.
In order to use this right, you have to:
- collect the necessary documents,
- order a land surveying procedure,
- issue a cadastral number,
- pay the state fee and send the papers to the chamber for registration.
Should the land be owned by SNT, the procedure could get trickier. Every member of society is required to register their ownership rights here. You can show your membership card as proof that you are a part of the partnership.
An indefinite lease offers stability and long-term security by allowing people or organizations to use the land without a specific end date. There are specific procedures that must be followed in order to register an indefinite lease as legal possession. These procedures include obtaining the required paperwork, adhering to local regulations, and making sure that the lease is properly registered with the appropriate land authorities. By ensuring that your rights to use the land are formally acknowledged, this procedure safeguards your investment and enables you to make the most use of the property for your requirements.
Procedure for registering a land plot from permanent use to ownership
You need to get in touch with the administration at your residence if you want to re-register an allotment as property. A single number and an excerpt from the Unified State Register of Real Estate must be provided by the individual. The Federal Directorate of Cadastre and Cartography’s regional department is the source of these documents.
The technical part is completed by the cadastral specialist, who registers the land and prepares the land plot’s passport and diagram.
The owners of adjacent territories must concur on the territory’s boundaries. If both parties concur, a unique document is created. If not, you’ll need to file a lawsuit.
The availability of a perpetual lease document and an extract from the Unified State Register will be guaranteed upon registration of the right. The municipality receives a package of documents, and it makes the decision to grant land.
In the event that the land is leased indefinitely, how can the owner register it? A simplified algorithm is used to draw up the land plot for permanent, endless exploitation:
- writing an application to the municipality about transferring the land plot into ownership;
- acceptance of permission;
- registration of innovations in Rosreestr.
A decision on the applicant’s issue will be made in less than a month if the applicant has the complete package of documents ready. It is necessary to register the right in Rosreestr.
Governmental organizations occasionally decline to provide an allocation. Such conduct is prohibited. A refusal document might be the impetus for filing a lawsuit to elucidate the circumstances.
It is important to remember that landowners have the ability to leave their property to heirs, and this also applies to any buildings on the property. There will be subtle differences in this process.
Heirs are limited to taking items that are on the ground. Privatization of the land itself is required. Relatives can finish the plot registration process if the original owner started it but was unable to finish it.
The following situations may result in a refusal of property registration:
- The object cannot be styled according to its parameters.
- Incapacitated individuals and legal entities applied for property rights.
- The package of papers has not been collected completely, or the documents do not meet the requirements of the law.
- The act drawn up in the local administration is declared invalid.
- Property declared invalid.
- The person has no authority to dispose of the land, no rights to the land.
- Information about the allotment is not registered in the unified State Register service.
- The land is not included in cadastral documents.
The Russian Federation’s Land Code, article 39.3, outlines the conditions for purchasing land for perpetual use. There is no time limit on the land use period. If you’d like, you can register a piece of land from perpetual use to ownership at any point.
You may forfeit your land rights at the user’s request, if they voluntarily declined the allocation, or if they are taken by force. In the first scenario, the citizen must submit an application to the local government if there are no registered land rights, or to the Federal Property Management Agency if all land rights are.
In both situations, you have to show:
- identity document,
- land document,
- document from local authorities on the transfer of land for indefinite use.
Upon legal registration, the decisions made by the executing authorities regarding the land issue take effect.
You must preserve a court record or a local resolution in a forced case. When land is urgently needed for the needs of government institutions, it is typically confiscated.
In other situations, the land user may not adhere to the terms of the agreement, which include using the plot for non-agricultural purposes, failing to do required maintenance on the property, and not developing the land for three years following acquisition.
It is important to remember that the right to an indefinite land lease can only be registered by legal entities at this time. In situations where a person possesses land rights, the plot must be registered as property. The agreement includes an act of acceptance and plot transfer, and it is certified by a notary public.
| What is an indefinite lease of a land plot? | How to register it as legal possession? |
| An indefinite lease means renting a land plot for an unspecified period without a set end date. | To register it, you need to obtain a lease agreement, ensure it complies with local laws, and then file it with the appropriate land registry office. |
| You can use the land as long as you follow the terms and conditions of the lease agreement. | Ensure all necessary documents are complete and submitted, including identification and proof of ownership from the lessor. |
| This type of lease provides flexibility and long-term use without frequent renewals. | After submission, wait for the official approval and registration to confirm your legal possession. |
Anyone involved in development or property management must comprehend an indefinite lease of land. This kind of lease gives renters stability and security by allowing long-term, non-expiratory use of the land. Nonetheless, it will take careful attention to legal details and comprehensive documentation to navigate the process of registering this lease as legal possession.
The first step in registering an indefinite lease is to collect all required paperwork, such as the lease agreement and identification documentation. Make sure both parties have signed the lease agreement and that it contains a clear explanation of the terms and conditions. Deliver these documents to the land registry office in your community. They will be examined to make sure they meet all applicable rules and laws.
Upon completion of registration, a certificate verifying your lawful ownership of the land will be issued to you. This certificate is essential because it protects and recognizes your rights as a lessee in legal terms. This document should be kept secure as it will be necessary for any upcoming property-related transactions or legal issues.
You can guarantee your rights to the land under an indefinite lease by taking these steps. This procedure guarantees that you can use and develop the land with confidence in accordance with your needs and plans, in addition to solidifying your legal position. Safeguarding your interests and making the most of your leased property require proper registration.
