Extract from the employment book on the availability of rights to land plot, in accordance with paragraph 3 of Part 1 of Art. 49 of the Law dated July 13, 2015 No. 218-FZ, is one of the grounds for state registration Property rights to the land plot provided by a citizen to conduct a personal subsidiary farm before the entry into force of the Land Code of the Russian Federation, namely until 30.10.2001.
An extract from the employment book about the presence of rights to the land is issued by the authority local governments. The extract indicates the full name of the position of the person authorized to issue such discharges, and the seal of the local government authority is stamped. In some regions, the name of this municipal organ may differ. Such an organ may be, for example, the administration rural settlement, Management Committee land property, Municipal state institution of urban settlement, etc.
The procedure for granting an extract from the employment book on the availability of rights to the land is determined regulatory act municipality, so in different municipalities He may vary. Various documents that need to be provided to obtain an extract, the timing of its preparation and the procedure for obtaining a response. Therefore, in each case, it is necessary to specify the procedure for obtaining an extract in the administration of the local self-government body of a particular municipality.
For example, on the territory of the urban settlement of Mytischi, the Moscow region, an extract from the employment book about the presence of rights to the land is issued on the basis of a citizen's statement filed in the name of the head of this settlement.
The statement indicates the applicant's passport data and other information at the request of the applicant, allowing to identify the land plot. Applications are attached the following documents (p. 1, 2 provisions, approved by the decision of the head of the urban settlement Mytischinsky municipal district of MO dated December 7, 2006 No. 148):
- Archival certificate issued by the archival department of the administration of the Mytishchinsky municipal district, indicating:
- FULL NAME. a citizen, in the name of which a record was recorded in the horizontal book, the address of the location of the land plot and its total area;
- the details of the horizontal book (number, date of the beginning and end of the book, the name of the body that carried out its maintenance);
- details of documents, on the basis of which the book made an entry on the presence of a citizen of the right to land plot (in the presence of the necessary information in the book).
- Help issued by the Department of Rosnedvizhimost Management Department in the Moscow Region, indicating:
- the appointment of the land plot (the category of land is indicated - the land of settlements (for the subsidence) or the land of agricultural purposes (for the field section));
- the type of law on which the citizen belongs to the land plot;
- Cadastral number of the site, its location and total area.
Extract from the horizontal book about the presence of rights to the land is provided free of charge.
In case of execution of rights to land in the order of inheritance, it may additionally be asked to submit documents confirming the rights of the heir to property, including:
- Documents confirming relationship with the testator;
- certificate of death of the testator;
- certificate of opening a hereditary case;
- certificate of the right to inheritance, etc.
An application for issuing an extract from the employment book, to the institution that provides a service for issuing a specified statement may be filed personally or through a representative speaking by proxy.
The statement of issuing an extract from the hopping book can be filed through the IFC with a personal application or sent by postal shipment or through a single portal of state and municipal services.
An extract from the horizontal book on the presence of rights to the land can be obtained:
- Personally - when contacting an institution that provides a service for issuing an extract, or in MFC;
- by mail to the address specified in your statement;
- through personal Area On a single portal of state and municipal services.
The term of providing an extract from the hopping book on the presence of rights to the land plot may not exceed 30 days from the date of appeal.
Extract from the hoping book about the presence of rights to the land is issued in two authentic copies.
In the event that you refused to provide an extract from the hoping book about the availability of rights to land or did not provide it with the term established by law, you are entitled to file a complaint to the superior organization.
In addition, illegal actions or inaction officials It may be appealed in court.
Remember:
- If there are no other documents, an extract from the hopping book to the land plot will help to register the ownership of land under the PAH.
- You can get an extract from the busy book to the land in the local government at the location of the site.
- Extract from the hopping book to the land is issued for free.
- Refusal to provide an extract from the hoping book to the land plot can be appealed to the superior instance or to court.
Many families wish to get a cherished piece of land. In our country with undeveloped expanses, the issuance of land was made for various reasons, often free at the request or in connection with the formation of a new family. Each of us is desirable to ask the older generation about the possible availability of unused land.
Dear reader! Our articles tell about typical ways to solve legal issues, but each case is unique.
If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the phone.
It's fast and free!
It is likely that grandparents were forgotten about some kind of site, and it will be possible to make documents and become a happy landowner without spending money. Now the state has simplified everything land procedures So much that it is better to take advantage of the opportunity.
It's important to know:
- If you got a land plot until the moment of privatization on the basis of acts, letters of the heads of settlements on the transfer of land, then this article is for you.
- If you were given to put on a certificate on the prescribed form, you can sleep well, you owner .
Fortunately, the legislator allows you to now issue land on yourself to all those who consider themselves the landowner, the heir in a simplified form. In this case, you will need an extract from the hotel's book.
What is an extract from the horizontal book
It should be noted that now the design of property takes place in a simplified manner for individuals who have received land for use as an asset economy, for individual construction before the emergence of a new land law in 2001.
The land plot under the personal economy was issued more often in the villages, it has large sizes, allows you to split the garden and build any build, and under individual housing construction issued in modern times, usually in the suburbs, it implies compliance with some rules for the construction of the house, does not allow to lead gardening fully.
To become the owner, it is enough to have any of the documents:
- Order on the selection of the site, signed by the head of settlement.
- The act of ownership received in the village administration.
- Extract from the rural busy book.
- A different type of information, indicating the entry of you land, for example, the minutes of the assembly of collective farms, decisions of the Administration of Sovzhozov, letters of executive committees on the declaration of land.
Most often, the extract may be demanded, even if there is source documents On the transfer of property, as an additional.
Since 2010, the requirement of officials about granting cadastral passport It is considered illegal, as it is optional when issuing ownership.
Note what type of right is in the initial references:
- own;
- lifetime ownership;
- permanent use for an indefinite period.
Obtaining a legal certificate Terminates the previously granted rights and will be considered that you have the right to ownership of property.
Lifeline books are conducted since 1934 and at the moment. They are an old way to account for the number of rural population, property, residential buildings, sites. In the conditions of the established registering procedure property rightsThe horizontal books are just an additional element of control.
For what is needed
Information from the hotel's book is extremely important and requested in the following situations:
- Privatization of your own area.
- Transfer of land by inheritance.
- Buying a new one.
- Clarification of borders.
- Providing information to the cadastre.
It should be noted that until March 2018, the commissioning permit is temporarily not required by the state, to issue enough information about the belonging of the site.
An essential relief for landowners was the adoption of information from the businesses in the cadastral chambers. Received information are accepted for cadastral accounting. Thus, interested parties replenish the missing database of control bodies.
It should be borne in mind that the state simplifying the decision land issues, has two main interests:
- Fastening property for direct owners to improve the quality of use.
- Budget replenishment due to land tax.
Regulations
For convenience and control of working with the population in terms of providing data for issuing data from the hotel's bodies, local self-government shall form regulations.
Most often, these standards include the following information:
- Method of request for registration of discharge. This may be a request via the Internet, email, a written statement.
- Families and positions of responsible persons. The rooms are indicated by the rooms, telephones, the mode of operation of specialists.
- List of requested references. This indicates the form of assurance, the number of copies.
- The list of grounds for refusal to provide reference.
- Terms of granting. They are installed by the organs themselves depending on the workload.
Who has the right to receive
IN common order With the request of the statement may contact:
- citizens on personal issues;
- representatives of organizations;
- organs state power In order to confirm the facts of land use.
Important innovations: Currently, an existing owner may receive an emergency owner or applying a person.
Representatives of legal entities can also contact request by presenting a power of attorney.
When applying citizens interested in persons, notaries, employees of registration chambers, lawyers specializing in hereditary affairs are becoming.
Where to receive
Request a certificate from the hopping book can be in the nearest bodies in the area of \u200b\u200bfinding a land plot.
It can be:
- rural administrations;
- settlement;
- management Committees;
- multifunctional centers;
- other structures.
Now extract is provided in the new unified form From 2012 and contains the following mandatory details:
- Information about the owner, his address.
- Primary information serving the basis for entering into the book.
- Stage category, Area, address of finding.
- Type of property rights.
- Familia, position of person, name of the organization, issued a certificate.
What is needed to get
The request can be sent to in electronic format or by registered mail. According to the rules each state structureWorking with the population informs about the procedure for providing information. This information is usually placed on the stands, the organization's website is transmitted by phone.
Usually, a few steps should be made to design a certificate:
- Fill out an application for information issuance.
- Submit copies of the required documents on the list. These are letters, acts, orders, orders, decrees. You need to learn about the form of assurance, you may need notarial copies.
- For registration of inheritance, copies of birth certificates, marriage, kinship, the death of the former owner, will be required.
- To present the originals for the review, including a passport.
- If you act from the interested person, bring a power of attorney.
- Take the second instance of the application with a mark of receiving a responsible person.
Cost
The state provides a service for issuing a certificate free of charge. National tax will be charged only when submitting an extract for registration of rights.
Due to the fact that the problem of issuing such information is provided to the discretion of local authorities, the time of receipt of the document is also established in different ways, but there can be no more than 30 calendar days.
If you have disagreements with the authorities, you will have to decide the question by contacting the court.
Note that all landowners are obliged to pay land tax.
Sample
A sample of an extract from a hoping book about the presence of a citizen of the right to land plot (in Word format).
Norma
Cheap topics in the article may analyze each, for this can be used by the following information:
- Land Code of October 25, 2001 No. 136-ФЗ, as amended by 13.07.2015
- The law "On state registration of rights to immovable property and transactions with it" of 06/17/1997 No. 122-ФЗ, as amended by 07/13/2015
- The law "On the personal subsidiary farming" of 07.07.2003 No. 112-ФЗ changed from 21.06.2011
- Resolution of the Council of People's Commissars of the USSR No. 185 dated January 26, 1934, about the introduction of a neighboring book.
- Order Federal Service State registration, inventory and cartography dated 07.03.2012 No. P / 103 on the introduction of a new form of discharge from the hopping book.
conclusions
In case of controversial issues judicial instances It is legitimate to appeal to it again and again, despite the inventory of this document. The book remains the only evidence to determine the true owners of the Earth during the lack of state accounting and control in the field of land relations.
An important decision in favor of a citizen, and not a department adopted the Supreme Court of the Russian Federation. The case in question, we think they will be interested in many readers who have a land plot. It is known that, according to federal law "On the State Cadastre of Real Estate" dated July 24, 2007, No. 221-FZ, register ownership of land plot, not past state cadastral accounting real Estate, Impossible.
An important decision in favor of a citizen, and not a department adopted the Supreme Court of the Russian Federation. The case in question, we think they will be interested in many readers who have a land plot.It is known that, according to the Federal Law "On State Cadastre of Real Estate" dated July 24, 2007, No. 221-FZ, to register ownership of the land plot, which has not passed the state cadastral registration of real estate, is impossible.
So, cadastral records can be carried out according to the information about previously accounted for real estate. And if there are no such information in the cadastral ward? Then you can submit a document establishing or confirming the right to the land plot. Or a document confirming the previously conducted state accounting of this property or state registration of ownership of it.
For land plotsProvided for the conduct of personal subsidiary, country farm, gardening, gardening, individual garage and individual housing construction is generally made a pleasant exception: even if there is no information about the previously accounted sector in the state cadastre of real estate, this is not considered the basis for refusing to issue a cadastral passport.
In this case, the law takes into account different life situations . But, as often happens, some officials and good law can be sang. Order of the Ministry of Justice of the Russian Federation of February 20, 2008, No. 35 was approved by the procedure for reference state Cadastre real estate. In paragraph 21, the Procedure provides a list of documents on the basis of which the decision is made to enter information on the previously accounted for the land plot. This, for example, the states of 1991, Certificate of 1992, certificate of ownership of 1993, extracts from the employment book (if such an extract is executed under the new rules of 2006), the lease agreements of the land plot, the deadlines of which did not expire at the time of appeal to the cadastral Chamber.
The list looks like it is closed. But after all, information about previously memorable land plots may be included in the records in the accommodation books, in the horizontal books that were conducted earlier, lists of land tax payers and other documents not mentioned in paragraph 21 of the departmental act. However, some officials in the field began to consider the list of an exhaustive list of the Ministry of Justice.
A citizen has encountered, call him Orlov when he brought an archive statement about the records in the horizontal book. It was decorated, clearly, according to the old rules. That is why Orlov received a refusal, and his plot was not recognized as taken into account. It is clear that he could not register the ownership of him.
This forced Orlov to seek truth in court.
Representatives of the Ministry of Justice of the Russian Federation naturally objected. Like, this list is not closed and does not prevent the adoption of a positive decision. But the case itself with Orlov denied these arguments: he would not go to court if the local authorities agreed with his rightness.
therefore Supreme Court The Russian Federation satisfied the statement of Orlov and recognized the paragraph 21 of the procedure for conducting a state-owned real estate cadastre in the part we talked about.
Thus, if you find yourself in a similar situation, boldly imagine any documents establishing or certifying your right to the land plot for cadastral accounting.
Instead of cadastral extract, all information about the property is provided in the form of an extract from EGRN. Certificates of the cadastral value of the property (CSR) are still issued in the usual format.
Before January 1, 2017
You can order the cadastral extract yourself through the Internet on the site. To do this, you will need to choose the section on the provision of electronic services. Next, there to select the option "Submit a request for information from the GKN". After selecting the option, select the query form item. individualswhere you specify the cadastral number, email and applicant information. Then you must come to your email confirmation with the payment code. Payment code You insert on the newly opened page and go to pay for the order where you choose a convenient payment method for you. After payment, your order is assigned the status of "in the work" and after five working days you should have a notice of order to fulfill the mail. If the object is not registered in the cadastral service, it may be necessary additional documentsAnd the receipt of an extract may take up to 20 business days. The letter will be linked to the page to download the archive with the discharge and the download code.
You can also submit a request directly to Public service Cadastre. Information on a written request may be provided to owners of the land plot, legal entities, government agencies and other persons. In the query, you will need to specify the applicant data, the form of the document, the reception time and other details. With an independent circulation within ten days the applicant will issue an extract or documented refusal.
The advantage of independent receipt of the discharge is that you personally control the correctness of the data you specify, and you can also save on the services of intermediary companies specializing in submitting such requests. However, you risk spending a lot of time to stand in queues if you contact the cadastral service personally or get a refusal to your request. In the case of filing a request through the Rosreestra website, you risk tightened with the process of obtaining the necessary information for several days more than the designated period, since in practice the process of obtaining an extract over the Internet is still not perfect and is perfect and the system is subject to various failures. It is also worth noting a difficult query design system.
Appeal to the organization specializing in receipt cadastral statementsYou not only save your time, but you can also be sure that you will receive documents on time and minimize the risk of obtaining refusal.