How to make a plot of land under the house in the property?

< What is the procedure for filing PROPERTY REGISTRATION ? What documents are required? Is it possible to buy out the lease of land?


Registration of land under private ownership in the property each year is becoming more urgent. Changes in legislation, new cadastral valuation of land and other subtleties of the question many Omsk baffled.

What documents are required for registration of land for a private house and a garage? Can I redeem the leased land? On these and other questions in the course of a straight line with Omsk said Larisa Babeshina, Head of Property of regional land resources.

If no rights

I can not register the land under the private home. Denied even in the court! The house is recognized as unauthorized construction, as a result no rights at home or on the ground. What to do?

- Recognize the right of ownership of the land in the manner of prescription impossible (under the acquisitive prescription is understood an open and continuous use of the property for 15 years, but the owner is not a person. - Ed.). Now you can apply to the court for recognition of the right of property in the manner of prescription per household, not on site. She is 15 years the statute of limitations - three more years. Therefore, if you live in the house for more than 18 years, can the courts recognize the right of home ownership. Key documents for the court - any receipts, certificates and other payment documents to the house, which you have paid. Useful and testimony of neighbors who will confirm that you've been living in the house. If, after the court recognizes the right of ownership of the house in order acquisitive prescription, on the basis of the judgment was in control of the Omsk region Rosreestra certificate of ownership. Then you can draw right on the ground. Earth at the same time you will need to buy.

Increased rent!

Earlier for land for individual housing construction, which is on loan, I paid for 2 thousand. Rub. a year, and now in receipt - 97 thousand.!

Up to 20 thousand. RUR is the cost of ransom plot in the city.
- Land rent is calculated on the basis of the cadastral value and rents, which sets the local authority. Cadastral valuation conducted at the level of the subject of the Russian Federation, at least once every five years. The last evaluation was carried out in 2011, its results entered into force on 1 January 2012. Therefore, the administration of the Omsk region you counted the rent for the land for the years 2012 and 2013. In the Omsk region of very high market purchase of individual housing, which directly affects the cadastral evaluation. If all the changes you have not notified, and it's only an additional agreement on the revision of the rent, you have the right in court to challenge the actions of the administration in terms of charging. But judicial practice is that decision shall be not in favor of the tenant. Therefore, pay rent is still necessary.
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How to make the land under the ownership of the garage?
And if you buy it?
- Redemption of land - 2, 5% of the cadastral value. Calculate you can own it. When you build a house and register the ownership, then you have a right to acquire land. After that, you will pay the land tax. In the Omsk region it is about 0, 3% of the cadastral value.

What documents are required for registration of land for a private house in the property? There is evidence of ownership of the house.

- In the department of property relations must submit an application, stating the characteristics of home ownership (accession number or certificate of state registration). The application shall be applied a copy of your passport. These documents are enough. Within a month, the Department will make an order to provide you with the ownership of the site. Redemption value - 2, 5% of the cadastral value (average of 10-20 thousand. Rub. In the city).

You can not refuse?

I have a suburban area in the property. Recently cadastral value increased, the tax also increased. Can I refuse to privatization?
- If you give up ownership of land, you will lose all rights to it. That is not to continue to use the site.

I inherited a house. What documents are required for the privatization of land?

- If the previous owner had the right to land and still have any documents, the site can be issued in the property free of charge, in a simplified manner. These documents and the testimony of inheritance, contact management Rosreestra to obtain a certificate of land ownership. If there are no documents, the land sold for a fee.

A copy of the passport application and to come to the administration of the Omsk region. In a month you will be given the layout of the site, which you can refer to the cadastral engineer. After work on the formation of the site you will get a cadastral passport, then the administration will make a decision on granting the site, and you will enter into a contract of sale.


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