The right to own a plot and the grounds for the emergence of property rights

The right of possession, or the right to own a land plot, means the physical possession of a piece of property, that is, land. In almost all cases, only the owner can dispose and use a land plot.

When does the right to own land arise?

Lawyers divide the right of ownership into several types, depending on the circumstances under which it arises.

So, the right of ownership can be:

1. Property rights . It appears when concluding a purchase and sale transaction, or when drawing up a gift agreement, etc. This type of ownership is divided into two more types - single-subjective and multi-subjective. They are directly related to the number of land owners. With single-subjective ownership, land belongs to one owner, and with multi-subjective ownership, it belongs to several.
2. Thing. This right of ownership may arise upon receipt of an inheritance, or the conclusion of an agreement on permanent (perpetual) or temporary use of a land plot.
3. Commitment . It appears when leasing land, or when creating collective partnerships or other economic entities.

We have looked at the types.

It is also worth noting the grounds according to which the right of ownership or the right to possess a land plot arises:

1. If there is a state or administrative act indicating the transfer of rights to state or municipal land to a certain citizen.
2. Subject to a court decision.
3. In case of compensation for damage in kind, when an attacker transfers ownership of a plot of land to the victim due to damage and losses caused. Article 1082 of the Civil Code of the Russian Federation says that compensation for losses and damage caused is possible by providing things of the same quality and kind.
4. When returning unjustifiably appropriated property in kind (Article 1104 of the Civil Code of the Russian Federation).
5. In case of acquisitive prescription, when it is possible to become the owner of land with continuous use of the land for 15 or 5 years (Article 234 of the Civil Code of the Russian Federation).
6. With free use of land.
7. In case of easement or limited use. An agreement between the owner and the user must be signed or there must be a court decision.
8. When renting a plot of land. There must be an agreement.
9. With inheritance, lifelong land tenure.
10. When purchasing land.

Let us remind you that the right of ownership must be registered, otherwise the land will not be transferred into ownership.

In what cases is title documentation required for a land plot?

1. Title documentation must be provided when registering land ownership rights , otherwise ownership of the plot will not pass to the new owner.
2. Also, supporting documents are necessary for legal transactions with land . For example, when buying and selling a plot of land, when donating land or indicating it in a will.
3. In addition, such a document will be needed when dividing a land plot or allocating a share . The same applies to the sale or donation, inheritance of a share of a plot of land.

Essentially, all legal and legal transactions must take place with supporting documents.

If these were not provided, then the transaction can be challenged and declared invalid.

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, 540 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.

Complete list of title documents for a plot of land in 2020

Documents that can establish ownership of a land plot in 2020:

1. Agreements on the alienation of property and acceptance acts thereto. For example, a purchase and sale agreement, a gift agreement, a lease agreement, etc.
2. Court decisions, including settlement agreements.
3. Certificates of the right to inheritance, certificate of inheritance.
4. Orders, resolutions, decisions of authorities on the provision of land.
5. Acts of commissioning of completed construction of a facility, approved by state authorities or local governments, relevant organizations and departments.

Please note that certified copies and duplicates of the above documents will have legal force.

Also important is a document confirming the title - an extract from the Unified State Register, or a certificate of ownership . As a rule, these documents only confirm rights, but when concluding a transaction of any nature, title papers are also required - we have listed them in the list above.

Typically, the title document contains a reference to the title documentation, as well as to the grounds for land ownership.

Types of documentation

After surveying, the owner receives a cadastral passport and a survey file, where all the identifying characteristics of the land are recorded. The set of papers required to confirm property rights consists of title and title documents.

Due to their different legal meanings, they cannot be considered interchangeable varieties:

1. Title documents for the land plot. They contain officially established facts of the land law that has arisen, arising from the very beginning, from the date of receipt of rights to the property. The basis for considering an allotment to be the possession of a specific person will be the primary act or agreement.
2. Copyright certifiers. These include certificates confirming the right indicating its form. They arise as a result of registration of an object by Rosreestrom. Their peculiarity lies in the secondary design principle. Such certificates can be obtained only after presentation of the initial documents establishing the right.

Be sure to read it! State duty for restoring the period of entry into inheritance

Title documents for the land plot

State registration of rights to a land plot is a mandatory procedure, since real estate, due to its high economic importance, is subject to accounting. Without title deeds, land will have no legal status.

The procedure for processing papers is regulated by the legislative act Federal Law No. 218 of July 13, 2015 “On state registration of real estate.”

According to the law, title documents for a land plot contain information about the property and its owner. These include:

• site location data;
• territory address;
• description of the characteristics of the site - area, boundaries of the territory;
• type of ownership.

The same Federal Law defines a list of acts that the owner of real estate must possess. These include:

1. Wills and certificates of the right to inheritance or its share.
2. Agreements and acts of purchase and sale, exchange, donation and other types of real estate transactions, as well as acts of prima transfer.
3. Court decisions - decisions, agreements, sentences.
4. Resolutions and orders of the local administration and the Bureau of Technical Inventory (BTI), establishing the ownership of the object by one person or another.
5. Short-term and long-term rental or leasing agreements.

Reference . All other documents for real estate are issued on the basis of title deeds.

List of title documents

The main type of title document is an agreement concluded between two parties, be it a buyer and seller, or a borrower and a financial institution. Such documents do not exist in oral form.

Common types of title documents:

• purchase and sale. The alienation of the object occurs for a payment established by the seller;
• donation. The donor transfers the right to use the land free of charge. The object passes to the new owner immediately after the conclusion of the contract;
• exchange. Exchange of land for another type of property or product. Additional payment is provided;
• inheritance agreement. The owner transfers the right to use the site free of charge. The territory passes to the heir after the death of the owner;
• rent. Payment of rent payments occurs within the period established by the parties. Despite this, the tenant has the right to use the territory for agricultural or subsidiary activities.

There are other types of title documents. For example, a deed for a land plot (provided by the state), a mortgage agreement, property management, lifelong use of land, a court decision.

Title documents for the land plot

Title documents for a land plot are documents obtained on the basis of title documents. They record the fact of registration of a transaction with an object with government agencies.

The list of such documentation is quite wide and depends on the specific situation and purpose of provision. The main ones include:

1. Certificate of ownership of the land plot. Identifies the property and its owner. It is issued by local authorities. The document is a standard form with a unique number. This number is used to identify the site and provide all basic information upon request.
2. Certificate of lifelong inheritable ownership. Such a document is no longer issued; only certificates issued in the USSR remain in circulation.
3. Certificate of right of unlimited (permanent) use. Currently, it is also not issued, since this type of right obliges the owners to register ownership of the property, including a land plot.

List of legal documents

In the legislative framework, there are four types of title documents. Let's look at each of them:

1. Certificate of ownership of the territory. The main supporting document that completes any transaction involving the transfer of ownership. Without such a document, it is impossible to manipulate the land plot, since the certificate confirms that the land belongs to you.
2. Certificate of the right to lifelong ownership of the plot as an heir. It is not a document that would confirm ownership. Despite this, it is important when making transactions. This is because the land with the right to lifelong use is registered with Rosreestr in the name of the owner.
3. Certificate of the right to perpetual use of the territory. In other words, it is an annuity agreement, only concluded for an unlimited period. It may involve both payment of rent and be issued free of charge. Often the right is granted by the state.
4. Act on the right of permanent ownership (indefinite use of land). The land transfer act is issued upon conclusion of a certificate of the right of perpetual use (issued by the state).