What are they for?
In the event that there is a need to transfer the land to another person (for example, for construction), or to carry out legal actions with it, the person must necessarily confirm the fact of legal ownership of the land plot.
Title documents will be required in the following situations:
- Drawing up a deed of gift.
- Entry into inheritance in connection with a will.
- Entry into inheritance in connection with the current priority according to the law.
- Protection of personal interests relating to property.
- Registration of purchase or sale.
- Registration of a mortgage on land.
- Drawing up a lease agreement.
IMPORTANT !!! As the law says, namely Article 130 of the Civil Code of the Russian Federation, land is real estate, and it follows that its owner must obtain the appropriate documents for it, which will confirm the fact of his legal possession or use.
Legislation on registration of land rights
The owner of the land, in order to confirm his right to use for construction or dispose of real estate, must have legal title and title documents for it.
You can find out the list of documents establishing the right from the provisions of Art. 14 of Law No. 128-FZ (note that No. 122-FZ loses force on January 1, 2020 due to the publication of Federal Law dated July 3, 2016 N 361-FZ. From January 1, 2020, state registration of real estate is carried out in the manner established by the Federal Law of July 13, 2015 N 218-FZ).
Download Federal Law No. 218 of July 13, 2015 On state registration of real estate (676.5 KiB, 539 hits)
The document must contain information about the owner and the main characteristics of the site. According to the given description, accurate identification must be ensured, excluding misinterpretation.
Other articles of the law provide for the preservation of its legal validity without the need for exchange or re-registration, which is required only when making a transaction with re-registration.
You should know that since 2020, with the adoption of Law No. 218-FZ, the registration rules and the registration procedure for entering information into the Unified State Register of Real Estate have changed. The registration of plots, the ownership of which is not recorded in the Unified State Register, is terminated. Such plots are classified as unmanaged and transferred to the municipal fund.
What documents are included in the list
If a legal transaction is planned, both the house and the land are planned to be transferred for use to another person, then to carry it out you will need to provide more than one document. Title papers are a set of official statements and certificates, without which it is impossible to carry out registration actions regarding land.
The list of 2020 title papers includes the following documents:
- Certificate confirming that the registration of rights to the land plot has been carried out. You can receive it only after all rights have been registered in Rosreestr.
ATTENTION !!! The certificate includes a detailed description of all technical characteristics of the land. It also indicates who owns what share of the land;
- A document that can confirm that the transfer of property rights to the current owner was carried out in accordance with all legal requirements. Such paper can be of different types, depending on what circumstances contributed to the transfer of rights. For example, in some situations, such a document may be a purchase and sale agreement or a deed of gift agreement;
- A cadastral plan, which describes in detail all the technical details of the real estate - what is its area, where it is located, what it is intended for. Also in the cadastral plan there must be a graph indicating the boundaries of the land plot. The cadastral number is another important part of the cadastral plan. These numbers indicate a unique number, which, when decrypted, can tell about the real estate data;
- An extract from the state register, which can confirm the fact that the land was legally registered as of federal importance.
All of the above documents are very important and their presence is mandatory.
Document categories
Different types of title papers are provided for different transactions. Each category has its own design and use features. A transaction can be recognized as legal only if all requirements for documents are met.
Types of contracts
Most often, real estate transactions are carried out by signing contracts. This type of document is used when carrying out the following operations:
- Property For Sale;
- object exchange;
- rent;
- participation in shared construction;
- transformation of property rights;
- donation.
Cadastral value of real estate
The purchase and sale agreement is drawn up in 3 copies. One document remains with the seller and buyer of the property, the third is submitted to the registering state body. In addition, the contract specifies detailed information about the received property. If we are talking about an apartment, its location, size, number of rooms, and cost of the property are specified.
An exchange agreement involves the exchange of one apartment for another. The cost of objects is not always the same. Therefore, in addition to standard clauses, the contract specifies the amount that one of the parties is obliged to pay.
A rent agreement is signed if the owner transfers the property to another person on the basis of regular payments, that is, rent. The contract specifies in detail the payment amount and terms.
Quite often, shared construction agreements are concluded. Such transactions are made between an individual and a developer. The contract will be legal if it specifies the terms of commissioning of the property and the technical characteristics of the purchased apartment.
Ownership rights may arise as a result of the privatization of real estate. The agreement is concluded between the owner and local governments. The corresponding paper is also issued by local authorities.
Another common type of property transfer is donation. Unlike other types of transactions, donation is carried out free of charge. It is better to draw up such an agreement with the help of a professional lawyer, since any violation of the requirements for the document can lead to a challenge of ownership.
Certificates and acts
The right of ownership often arises as a result of inheritance of property. In order to freely dispose of real estate, it is necessary to obtain a certificate of inheritance rights. This document will be the title document.
The certificate is issued 6 months after the opening of the inheritance case. Then it should be presented to the state registration and cadastre department. The method of inheritance in this case does not matter. The new owner can receive property both by law and by will.
How does real estate valuation happen and by whom?
The acceptance and transfer certificate confirms the fulfillment of the obligations specified in the contract by all parties and is an additional document of title. The transfer of ownership can be carried out after the conclusion of an agreement between the interested parties. Such agreements are drawn up in the presence of a notary.
Other types
There is another type of documentation - title papers. These include evidence:
- confirming a person’s right to own and dispose of real estate;
- providing a land plot for lifelong use;
- for the right to perpetual use of the land plot.
which documents are title-establishing and which are title-confirming from professional lawyers or notaries . The current legislation does not limit the validity of such documents. The validity of certificates, acts and other documents can only be terminated by a normative legal act that has entered into force, which will contain the corresponding requirement.
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Where can I get all the necessary papers?
Depending on the circumstances under which the property was acquired, the necessary documents may be issued by various authorities. Where can I get it?
The competent authorities in this case are:
- Rosreestr. It is in this body that the registration of rights to property takes place. When contacting the authority, you must have the originals of all land documents with you.
- Notary person. You can also obtain the necessary title documents from the notary who executed the transaction, as a result of which the applicant became the owner of the property.
- Representatives of the partnership. You can contact the management of the partnership if the applicant is a member.
List of title documents for transactions with land plots
The set of papers required to certify ownership rights differs significantly depending on the type of transaction carried out by citizens.
Documents for inheriting a land plot
To enter into an inheritance of a plot of land, you need to prepare the following kit:
- death certificate of the property owner;
- confirmation of your claims - a will, a certificate of actual acceptance of the inheritance, a court decision;
- an extract regarding the place of registration of the deceased and his family members;
- title document for land;
- extract from the Unified State Register of the registration authority;
- the appraiser's conclusion based on the results of the property assessment.
This set should be prepared with the utmost care and submitted for review immediately - many of the papers have a certain validity period, after which they will have to be reissued. These are related to:
- an extract from the Unified State Register, it is valid for only a month;
- The assessment report is valid for six months.
Documents for the sale of land
To sell the allotment, the following kit must be prepared and submitted to the registration authority:
- decision of the municipality under whose jurisdiction the site is located to use it for certain purposes, for example, for construction;
- protocol of the competition or bidding;
- certificate of ownership;
- confirmation of permanent ownership of land or an act of lifetime disposal of the object.
The decision of the municipality and the protocol of the auction are legal, taking into account the prevailing circumstances. For example, if there is an act of acquiring an object on a competitive basis, then it is legal without an additional decision of the self-government body. But, if the registration of ownership of the plot began on the basis of a decision of a government body, as a primary document, then it is this that establishes the rights of the future owner.
Receive necessary documents remotely
Not only its owner, but also another person who plans to purchase it in the future may want to receive information about real estate. If such a situation arises, the future buyer of the property should find out its cadastral number. If he knows it, then he can get acquainted with the technical data for the object remotely.
To do this you should go through the following procedure:
- Go to the official website of the USRN.
- Go to the object data search menu.
- Enter the cadastral number in the appropriate line.
- Select the desired object from the list provided.
- Place an order to receive an extract.
- Pay the state fee.
- Read the written response in your personal account on the USRN website.
As a rule, after placing an order to receive an extract, a response will come within 5 days.
ATTENTION !!! If during the search for the required object by cadastral number there were no results, this indicates that the property did not go through the privatization procedure. And if for some reason it was not possible to find out the cadastral number of the property, this means that the property is leased by an individual.
After the electronic statement arrives in your personal account on the Unified State Register of Real Estate, you can view general information about the property.
It provides the following information:
- Where is;
- Square;
- What is it intended for?
- Has privatization been carried out?
- What ownership is it in?
- On what basis was the transfer of rights to the current owner carried out;
- Are there any financial obligations;
- Are there any other encumbrances on the property?
There is another remote way to find out general information about the property you are interested in. This is a public cadastral map. But you can only find out information if you know the location of the object. If so, then the interested person can find the object on the map and make sure that the property that interests him has undergone the privatization procedure.