Certificate of ownership of land 2021 - registration, documents, how to obtain

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Published: 11/16/2017

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Any transaction the object of which is a land plot must be registered. Next, information about the owner of the plot is entered into the Unified Register of Real Estate Properties throughout the country. To confirm the registered right, the owner is issued a title document certifying the rights to the land plot.

Document certifying the rights of the owner
Where to get it?
Title document for the plot
Error in document
Restoration in case of loss

Until July 2021, such a document was a certificate of ownership; from July 2021, it was an extract from the State Register of Rights (USR), and from January of this year, an extract from the State Register of Real Estate (USR) became a title document.

Document certifying the rights of the owner

The certifying document confirms the emergence or transfer of rights to the site.
In fact, this is the main document that is kept by the owner and certifies his ownership.

Based on the received certificate or an extract from the real estate register, you can sell or donate the plot or, for example, use it as collateral for a mortgage loan.

The issuance of a certificate of land rights was carried out in accordance with the law “On state registration of rights to real estate and transactions with it”, in force since July 21, 1997.

However, the previous legislation has lost force; today the state registration of real estate is regulated by the federal legislation “On State Registration of Real Estate”, which came into force on July 13, 2015.

The current law provides for the issuance of an extract from the Unified State Register of Real Estate as an identification document and confirmation of registration of land rights.

To register ownership of a plot, you need documents that provide the basis for the resulting right - title documents.

certificates of state registration of rights.

These can be state acts on land and various agreements under which a land plot is transferred (purchase and sale, donation, exchange). Such acts for land were issued mainly before 1997 and the beginning of the law on the necessary state registration of land transactions.

These could be decisions of village councils to provide a plot of land for lifelong inheritable ownership, perpetual use, or free ownership.

Such state acts are also the basis documents for existing property rights, along with new type certificates.

Previously issued certificates and resolutions on the provision of land, which were not registered in the prescribed manner, also confirm ownership of the land. Such documents can be replaced with new types of title documents.

Extract from the Unified State Register of Real Estate instead of a certificate

Today, an extract from the Unified State Register of Real Estate (USRN) completely replaces certificates of land ownership. This is a full-fledged legal document on the basis of which the owner can dispose of his property, confirming the assignment of rights to a certain person or several persons, if we are talking about joint ownership. Let us remind you that previously issued certificates and extracts from the Unified State Register issued today have the same legal force and the purpose is to confirm ownership rights.

At the same time, there are different types of extracts from the Unified State Register of Real Estate - those that establish title and those that carry certain information that any interested citizens can independently request. Extracts of registration of ownership of a land plot indicate virtually the same thing as was in the certificate:

The type of activity that is permitted on the site, its intended purpose;
Information about the type of ownership (for example, shared, joint);
Category of the object (for individual housing construction, agricultural, etc.);
Owner information.

A simple statement will be issued to you within one week, an urgent one - in two or maximum three days.

Where to get it?

Certificates of ownership, as well as extracts from the Unified State Register and Unified State Register , are issued by a special federal body that is authorized by the state to register land documents - the Office of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr Office).

the Unified Register, created and maintained up to date, contains data on all immovable objects located in the country, land plots, as well as their rights holders.

The owner of the land can submit an application and title documents (according to the list established by law) to the Rosreestr Office in person, by contacting the multifunctional center (MFC) or with an electronic application on the Rosreestr portal.

The recipient of the ownership documents is the copyright holder.

The legal owner of land can be citizens, legal entities, organizations and institutions, as well as government bodies.

On what grounds does registration take place?

As in any other legal area, all issues related to real estate, its purchase and sale are based on regulations created by the state.

As for land plots, all actions related to them are provided for in:

Land Code;
Civil Code;
Federal Law No. 122, etc.

First of all, the rights and obligations of the lessor, buyer, seller or tenant are regulated by an agreement that is signed during the temporary or permanent transfer of land for exploitation to a third party.

The agreement stipulates:

timing of the transaction;
cost of land;
carrying out payment and collection in case of violation of the contract.

Title document for the plot

Since the beginning of the legislation under which property certificates were issued, the appearance of the document has undergone some changes.
Initially, in accordance with the Order of the Ministry of Economic Development, the certificate was printed on a special pink form, with a coat of arms and special protection in the form of watermarks. However, from 07/01/2015, the special form was replaced by ordinary white A4 paper without any security marks.

You can familiarize yourself with the new format of the certificate of state registration of rights

During the period from 01/01/2016 to 07/01/2016, it was possible to obtain a certificate in any of two forms (on a form with watermarks or on plain paper), as well as an extract from the Unified State Register equivalent to a certificate. This time is called an intermediate stage and both forms of the document are considered valid.

Extracts from the Unified State Register of Real Estate, which replaced certificates of land rights, were also printed on plain paper, without any security marks or special forms.

Extracts from the Unified State Register of Real Estate, issued from January 2021, are similar in appearance to a cadastral passport for land or a previously issued extract from the register of real estate rights.

It is necessary to distinguish between extracts from the Unified State Register of Real Estate issued as a title document and extracts providing information about the object. In the first case, the extract is the main document, necessarily in paper form with a blue seal and is issued only to the copyright holder based on the results of registration of land documents. In the second case, such an extract is provided to any applicant, is of an informational nature and can be in paper or electronic form.

An example of an extract from the Unified State Register is available

Regardless of the type of document (certificate, extract from the Unified State Register, extract from the Unified State Register), the document on land rights contains the following mandatory information about the plot and the legal holder:

series and document number
date of issue
document-basis of the arisen right
land owner details
type of law
information about the land plot
cadastral (conditional) number
presence (absence) of encumbrances

In addition, the registration record number is indicated, as well as information about the state registrar carrying out the registration of property rights.

Registration procedure

If a plot of land was received after the introduction of the Land Code of the Russian Federation, it is registered in the following ways, depending on the type of transfer of ownership:

When purchasing a plot:

IMPORTANT. The object of sale and purchase is land registered in the cadastre. During the conclusion of the contract, the purpose of the land and the conditions of its use cannot be changed.

A site that has not undergone land surveying, is not registered in the cadastral register, and does not participate in administrative actions, must first carry out the land surveying procedure. After
Afterwards, you should collect the main package of documents, the main thing here is the act of purchasing the land and its certification by a notary, as well as the formalized consent of each party to this action.
Only after this should the main package of documents be submitted to Rosreestr.
If the party is married, then the spouse’s consent to the transaction certified by a notary is required, but if not, then a certificate stating that there is no marriage.

REFERENCE. If the property being sold is not jointly owned, then the consent of the spouse is not required. The size of the state duty depends on the purposes for which the land is purchased.

Next, on the appointed day, you should pick up the certificate of ownership from Rosreestr.

Registration of empty land as private property:

The design of such a site is very long and confusing. There are two ways:

The first is to find the owners of an ownerless plot or possible owners, if they are found, then the algorithm will be suitable here as for the purchase and sale of land.

In the second way, the procedure is as follows:

Write an application to local government authorities about the desire to purchase ownerless land, attaching answers from municipal authorities stating that the owner could not be found or is unknown.
These authorities register the plot of land in the cadastral register. You have to wait a year for possible owners to appear. If they are not there, the municipality goes to court to recognize its right to this site. When the court makes a decision in favor of the municipality, a standard procedure for leasing land from the local administration is drawn up.
After concluding a lease agreement, the following documents are collected: Geodetic plan; General plan; application for transfer of ownership;
An act of temporary ownership of a plot, a cadastral extract, made in advance. They are submitted to the administration, they receive a response 1-3 months in advance, if it is positive, an agreement on the purchase of land is drawn up, usually at the average market value.
Next, the site undergoes land surveying to obtain a new cadastral number.
Only after this the site is registered with Rosreestr.

How to register a land plot received by inheritance:

In order for the heirs to agree to the inheritance, a six-month period is allotted. Then you should contact a notary, who, having opened an inheritance case, will give a power of attorney to collect a whole list of various certificates and extracts (copies of each document are collected according to the number of heirs and for the notary):

Cadastral extract with the value of the plot at the time of the death of the testator;
Extract from Rosnedvizhimost and Unified State Register No. 3 for the testator;
Assessment of the market value of land: an agreement with an authorized organization and a certificate of price are attached;
Certificate of place of registration of the testator;
A document confirming family ties;
Will (if any);
Certificate from the tax office;
For a dacha plot, the Charter of the cooperative to which it belongs is attached.

Next, an application is submitted to Rosreestr and the certificate is collected on the due date.

Error in document

If a technical error (typo, grammatical or other error) is detected in a certificate or extract of ownership of a plot of land, a person interested in correcting the error has the right to submit an application in the established form to correct the technical error in the USRN records.

The application will be reviewed and the error will be corrected based on the decision of the state registrar within three (working) days. The applicant will receive a notification that the technical error has been corrected.

If you receive a refusal to correct a detected error in a document, the decision of Rosreestr can be appealed in court.

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How can a citizen order an expedited extract?

It also happens that a certificate is needed urgently. The interested party cannot wait. To urgently receive a document, you must open the Rosreestr website. With the remote option, you can receive a document in literally 30 minutes. To do this, you need to navigate the website navigation of the registration authority:

Log in to the Rosreestr page.
Indicate the cadastral number of the land plot and its address.
Select from the search the real estate object of interest to the applicant.
Check the boxes next to those documents that are required to be received urgently.
Provide information about the person who orders the documents.
Pay for the service.

After about 30 minutes you need to check your email. The user should receive a letter containing a certificate in the prescribed form. It will bear the seal of the registration authority. This is Rosreestr. In addition, the seal is additionally endorsed by the head of the organization. If the applicant indicates the legal address of the real estate when ordering documents, it is also permissible to use it.