How to get an abandoned summer cottage in the property

Too many abandoned land plots can be found on the territory of Russia, especially in villages and towns remote from the capital. Such a negligent attitude to one's property is not only striking (after all, land is always valuable), but in some cases it also causes certain inconveniences. For example, if the site adjacent to yours has been turned into a dump by neighbors or is flooded with groundwater too much. This is where a quite reasonable question arises, how to register a summer cottage as a property without having any rights or documents to it. Let's take a look at everything below.

Important: According to the law of the Civil Code of the Russian Federation, Article 225, an ownerless thing (and in this case, a plot) does not have an owner / owner, or he does not claim his rights to own the thing and is unknown. It follows from this that if the heirs / owners do not claim their rights to own a land plot, then anyone who wishes can legally draw up an allotment for himself.

Experienced people recommend not to rush and first diligently search for the owners or relatives of the owner of the land. Otherwise, then you will have to bite your elbows because of the effort, time and money spent on processing all the papers, when the heirs to the site suddenly appear. Searches can be carried out through the following structures:

• Cadastral Chamber;
• Municipal Architecture Information System;
• Village Council, etc.

Registration procedure

If you manage to find heirs, it is best to gently and unobtrusively invite them to inherit. But at the same time, it is desirable to paint in colors how neglected the land is. In this case, the heirs, who already do not want to bother with an unnecessary burden in the form of a piece of land, are likely to brush off such a gift. This is where you can take everything into circulation: that is, offer the heirs to issue a written power of attorney, according to which you can already deal with documents and papers on the acquisition of ownership of the land.

Important: the power of attorney must be in writing, otherwise the oral agreement does not bark you any rights and can be terminated orally as well. It is better if the written power of attorney is certified by the same notary who will deal with the paperwork for the land.

By power of attorney received from the failed owners, the notary will be obliged to issue you, as a trustee, a certificate of inheritance. If the lawyer refuses to do this, then you can safely go to court for further proceedings.

Important: most often the court in this case decides in favor of the plaintiff, that is, it gives the plots to those who wish.

After receiving the relevant document through the court, you can draw up a document of sale. But since you cannot resell the plot to yourself (after all, you are a trusted person who performs all actions with the land), it is better to “sell” the plot to your closest relative - husband / wife or one of the parents.

Now you know how to arrange an abandoned site if you have his heirs on yourself.

If heirs are not found

It happens that the legal owners of the land, who decided to abandon the site, were not found. This is quite possible not only because the former owner had no relatives in Russia, and others may be in other states, but also because the land plots under the USSR were issued to the subject for the right to use, but no legal documents for real estate and land, Naturally, no one at that time made out. And today it is very troublesome to transfer such a plot to private ownership, although it is possible.

Important: formally, the land given to individuals before the collapse of the Union is not the property of an individual. Therefore, a person cannot make any transactions on this site. You have to first obtain documents for obtaining a summer cottage in the property under the current law. Is it possible to issue documents in this case, we understand below.

Required documents for obtaining land ownership

In any of the above cases, you will first have to collect all the necessary papers in order to register the allotment for yourself. These are:

• A written statement about the desire to receive a state-approved registration act (you can find out how to draw it up correctly here at the registration department at the time of submission of the package of documents);
• Passport of an individual wishing to take possession of the land;
• Receipt of payment of the state fee in the bank;
• It is also necessary to prepare all invoices and other documents for the site, certifying that the individual used the land for a certain period (if any);
• It is advisable to provide a cadastral passport for the site and the building on it.
• In addition, if all paperwork is handled by a trustee, then a written power of attorney certified by a notary will also be required.

As a rule, if all the documents are available, then you just need to provide them to the registration service at the location of the summer cottage. In the same place, an employee of the registration department will issue a receipt for the receipt of papers. The result (an act of registration of a summer cottage) is prepared within a month. After a while, you can pick it up.

"Dacha amnesty": rights, procedure for paperwork for property

If the plot was received for use from the state in the period before 10/30/2001, then the law on dacha amnesty applied to such land. That is, land could be obtained in ownership in a simplified form with a minimum package of documents. However, even this law did not facilitate operations with the available land. But since 2015, amendments to the land code have come into force, which make it easier to take ownership of land.

Important: to enter into the right to a summer cottage and all the buildings on it, you need to have two important documents on hand - a cadastral plan of the site and a document confirming the right to land (act of inheritance, etc.). If there are no such papers, then all actions will have to be performed in two stages.

Collection and preparation of papers

In order to obtain land in possession, the drawer must collect the following package of documents:

• A document that confirms the right to own the land and all buildings / houses that stand on it. These can be acts of inheritance, a certificate of perpetual life use of land from a state body, extracts from the household book for the site, a power of attorney from the owners of the site in the name of the person who draws up the documents.
• Cadastral plan, which contains all information about the boundaries of the land plot in graphical and written form. Until 2008, such plans were issued by the Cadastral Chamber of the Russian Federation. After this period, land owners were issued a cadastral passport, in which the site plan is one of the sections.

Important: if there is no cadastral plan for the site, then you can contact the Federal Registration Service for a plan or a passport. There, in turn, they can issue a paper stating that the land is not in the register of allotments and requires registration. Here, you will first have to provide the Federal Registration Service with information about the boundaries of the allotment and register it with the cadastral department.

It is worth knowing that such red tape is fraught not only with duration (sometimes up to a year or more), but also with troubles with neighbors who may disagree with the demarcation of the boundaries that the land occupies.

• It is also worth preparing and correctly filling out a declaration for all outbuildings on the ground. If a dacha amnesty applies to the site, then only non-permanent buildings, such as a bathhouse, a garage, a barn, a country house, etc., can be registered in the declaration. The declaration is filled in in duplicate.

Submission of documents and registration of the site

• All collected papers must be submitted to the Registration Chamber (UFRS) or the Multifunctional Center (MFC). It is important to know that if during the registration of documents in the cadastral plan there are no indications of the clear boundaries of the site, then along with all the papers, you must submit a written consent from the neighbors that they do not have territorial claims against the owner of the site.
• Then you should pay the state duty for each of the objects located on the site and for the land itself, as well as write an application for obtaining ownership. About how much such payment costs, we hasten to notify that one object will cost about 1000 rubles. The land tax is 350 rubles.
• Next, we receive a receipt from the civil servant on the acceptance of documents with the date and signature.
• A month later, we come for documents for the land plot and for an extract from the USRR about who will be the owner of the land at the moment.