How can you prove it? What documents confirm ownership

The fact that you are the owner of your home is, as a rule, confirmed by completely different documents, which have a common name - title deeds.

There are a huge variety of types of such supporting documents - the main thing here is the event that caused you to acquire the right to this particular piece of real estate.

Requirements for title documents

The documents that serve as confirmation of your right to your housing may be different, but they all differ in one thing - they are subject to the same, absolutely certain requirements, without which such paper simply will not be considered valid:

Full description of the object , i.e. real estate, as well as all the information with which it is possible to identify it (for example, data such as the address of the property, its purpose, as well as the cadastral number of the property, etc.).
Data of the copyright holder, as well as the type of right he has to the specified property.

Clear technical requirements:

Text legibility.
Full decoding of names, non-abbreviation of initials and addresses.
Appropriate appearance (no erasures, additions, pencil inscriptions, or ambiguous text).
Correct execution (stamped either by a notary or a certain government agency, appropriate numbering of sheets and their stitching).

Documents confirming the right of ownership of housing

To documents that are title-establishing, i.e. establishing the subject’s right to a property include:

Various contracts, transactions for the alienation of housing (purchase and sale, exchange, donation, etc.). It is necessary to take into account that such documents must be properly executed and must be properly registered
Certificates of putting the facility into operation after construction
Certificates of inheritance rights issued by a notary
Court decisions (which must have entered into legal force) or a settlement agreement between the parties approved by the court. In this case, such a decision must enter into legal force, i.e. go through the cassation, supervisory or appeal courts.
Certificates of payments in cooperatives (housing cooperatives, DSK, GSK). Such certificates must also contain all the data about the object itself, its owner, as well as all information regarding the date and amount of all payments.

This is a very approximate list of all those acts and papers that can serve as full confirmation of your right to your housing.

A complete list of such documents can be found in the Law of the Russian Federation On State Registration of Real Estate Rights and Transactions, which came into force in January 1998.

Grounds for the right to own housing

A person has the right to own real estate only if there is a source of this right. Such a source is a certain document (basis document) that allows you to own and carry out transactions with real estate. Depending on the way of obtaining ownership of real estate, there are several types of foundation documents.

Contract of sale

The document establishes the transfer of property from the seller to the buyer for a certain price. The subject of the transaction and its characteristics are described here. A prerequisite is to indicate the price of the property. Without compliance with this requirement, the transaction is considered unformed and does not entail a transfer of ownership. The transaction has legal force after state registration. The contract is drawn up in the case of purchasing housing on the secondary market.

Will

This document is drawn up by a citizen who is fully capable. A will represents a unilateral transaction in which the testator, at his own request, designates one or more heirs to own the real estate after his death. The heir can be anyone, not just a blood relative.

Expert opinion

Alexandrov Dmitry Petrovich

Practicing lawyer with 15 years of experience. Specializes in family law

The information contained in the will, at the request of the testator, may be secret and subject to disclosure in the event of his death. This document is drawn up in two copies and certified by a notary. Entry into inheritance under a will is permissible within six months after the death of the testator.

If conflict situations arise, interested parties can challenge the will in court. Dispute settlement is carried out before the issuance of a certificate of inheritance.

This is important to know: Contents and appearance of the cadastral passport for the apartment, land plot

In the absence of a will, the relatives of the deceased claim the right to inheritance. The first line of kinship includes the spouse, children and parents.

Rice. 3. Property inheritance form

Donation agreement

This is a two-sided document in which the donor transfers the right to real estate to the donee free of charge. A gift agreement may be declared invalid and terminated if counterclaims are presented in favor of the donor. A necessary condition of the contract is an indication of the subject of the transaction.

The deed of gift form is certified by a notary, the agreement is signed by both parties and registered in the state register. Only after registration of the transaction does the donee acquire ownership of the property.

Rent agreement

This is a compensation agreement in which the annuitant transfers ownership of real estate in favor of the annuity payer. The amount and timing of rent payments are established by agreement of the parties. Depending on the period there are:

permanent (indefinite);
lifetime annuity (set for the life of the annuity recipient).

A rent agreement is an encumbrance on real estate that is subject to state registration.

Barter agreement

Implies a two-way exchange. If the exchanged real estate is unequal in value, then an additional payment is expected, the amount of which is indicated in the document.

Equity contract

It is concluded between the developer and citizens (shareholders). The contractor undertakes to create a new property for a certain fee and transfer it to the participant in shared construction. The main terms of this agreement are:

description of the object (address, area, layout, placement in the house, on the floor);
construction time;
cost of the object, terms and procedure of payment;
real estate warranty period;
ensuring the developer's obligations under the contract.

The conclusion of an agreement for shared participation in the construction of apartment buildings is regulated by Federal Law-214 of December 30, 2004. The ownership of the real estate is transferred to the shareholder after state registration of the share participation agreement.

This is important to know: What is a cadastral passport and how to get it

Authenticity of documents for an apartment - how to check?

First of all, when you are planning to purchase real estate, you need to make sure that all the papers confirming the right of the current owner of this property are indeed genuine.

First, you need to familiarize yourself with the documents themselves - they must be correctly drawn up, not contain erasures, blots and similar deviations, they must indicate all the necessary data in full, all signatures, necessary seals and stamps must be in place.

You also need to check:

The authenticity of the registration of the specified document in the body that registers the right to housing
The authenticity of the certificate (if in this case there is a certificate of the right to inheritance) through the notary who issued it.

The importance of obtaining a certificate of state registration

In addition to the fact that when you receive real estate, you receive a title document - this is not at all enough to rightfully be considered the owner of the property.

Procedure and deadlines for issuing a document confirming ownership of an apartment

At the client’s choice, to order an extract from the Unified State Register of Real Estate – confirming the document of ownership of the apartment, one should contact one of the following authorities:

Rosreestr (in person or on the official website);
Multifunctional Center;
territorial department of the cadastral chamber.

To complete an order, you must provide a set of documentation, including:

general passport – identification card of the applicant;
a completed application in the prescribed form;
the title document for the apartment is an agreement of shared participation, purchase and sale, deed of gift, certificate of acceptance of inheritance, etc.;
a receipt from a banking organization confirming payment of the state duty.

The owner can receive an extract five days after submitting the set of documentation, and if the application was made directly to Rosreestr, then the production and issuance period is reduced to three days.

After the cancellation of the certificate of ownership of the apartment, the only documentary confirmation of ownership of the property is considered to be an extract from the Unified State Register of Real Estate, which represents a combination of the cadastral passport and reference data on the identity of the citizen and the method of obtaining property values. The certificate reflects the presence or absence of restrictions on the conclusion of legal actions in relation to the object, providing comprehensive information about the possibility or prohibition of alienation by the owner.

List of documents required to obtain a certificate of ownership of an apartment

Such a list can, of course, be quite broad, but the main documents submitted when registering property rights are still:

Application to Rosreestr. Such an application must be completed in strict accordance with the requirements and rules that are established for it.
Receipt for payment of the fee accrued in connection with the emergence of ownership rights and its registration
Identification documents of the owner. In this case, the owner must personally submit all the necessary papers.
A certificate from the BTI with an exact floor plan - the so-called Technical Data Sheet.
Tax registration certificate.
Title deeds that could be used to confirm the transfer of property to its current owner.

Of course, these are not all the necessary papers. In each specific situation, it may be necessary to provide additional documents.

Those. The presence of these three documents certifies your full right to your housing.

How can you prove it? What documents confirm ownership

What document confirms ownership of real estate? A few years ago, every owner could immediately answer this question: everyone knew what a green or red form with an official seal looked like.

However, today this document is no longer relevant. Now an extract from the Unified Real Estate Register is used as a legal document.

What is the difference between a certificate and an extract and in what cases these documents may be needed, explains Natalya Dergacheva, head of the legal department of the cadastral chamber for the Udmurt Republic.

“A certificate of registration of rights is a document indicating that ownership of a property was registered in the name of the person indicated in the document on a specific date,” says Natalya Dergacheva . — The certificate does not confirm that the person indicated in it is indeed the owner of the property today.

Such reliable information can be obtained from an extract about the main characteristics of the property and the rights registered to it, which is current at the time of its issuance. For this reason, we strongly recommend that when conducting residential transactions, you do not be satisfied with the evidence that the seller shows. This paper may be completely irrelevant.”

The advantage of an extract over a certificate is its relevance. So, for example, the certificate may indicate that the apartment has no encumbrances. But in a day, this information may become outdated, because a document has been received from law enforcement agencies regarding the seizure of property. The apartment has been seized, but this is not reflected in the certificate.

“Nevertheless, there is no point in throwing away evidence,” the expert notes. – In some cases this document can be used. Thus, the certificate can be presented when obtaining various services in the housing and communal services sector. However, most government agencies, banks, and notaries will require an extract from the real estate register.”

There are several forms of extract. They differ in the volume and content of information. The most in demand is an extract about the main characteristics and registered rights to the property. It contains a description of the property and information about its owner, type of property, restrictions, arrests and encumbrances. 142 thousand for residents of the republic and government agencies .

The next most popular is an extract on the transfer of rights to a property - it contains information about who owned this property and at what time. It is worth ordering this extract when purchasing an apartment to check whether its owners have changed frequently. Potential buyers know this - over the 10 months of 2020, cadastral chamber specialists prepared 14 thousand such documents.

Another frequently ordered extract is an extract on the rights of an individual to the real estate he or she owns, including on the territory of the entire Russian Federation. It may be needed when receiving various subsidies, as well as when conducting inspections by government authorities. 233 thousand such statements have been prepared for residents of Udmurtia this year .

How quickly can I receive an extract?

Preparation of a document when requesting data through the MFC takes 5 working days. You can also order an extract by mail or electronically.