Video: How To Become The Owner Of Land - Re-registering Land From Perpetual Use Into Ownership
2024 Author: Sebastian Paterson | [email protected]. Last modified: 2023-12-16 13:47
The process of re-registering land plots from perpetual use into ownership, despite its apparent simplicity, is a very long, complicated and costly procedure. First, it is necessary to do cadastral work, conduct a land survey of the boundaries of the land plot and coordinate the results of the land survey with adjacent land users (with neighbors). This is where the first problems arise: neighbors may refuse to sign an act establishing boundaries.
They may try to justify their refusal by the fact that you, as the owner of the land plot, violated various norms (SNiPs, fire safety standards, etc.), or they will prove that you "climbed" into their territory … Or maybe they they will honestly say that until they cut off their plot, they will not find out its area and boundaries, i.e. until they make sure that they are all right, until then they will not sign anything for you.
Another fairly common situation is that the owners (users) of the adjacent plots do not live at the place of registration, and it is impossible to find them. In this case, it is recommended to send a notice by registered mail to the address of their registration and at the same time advertise in the local official newspaper that such and such citizens are invited to agree on the boundaries of their sites within a month, otherwise consent is considered received by default. It is clear that this whole procedure takes time and material costs.
You will have an even bigger problem if the area of your land plot differs significantly from the numbers that are indicated in your documents on the right to land. Differences of more than 3% of the total area of the land plot are recognized as significant discrepancies. Moreover, there will be problems not only in the case when the area of the site has increased, but also in the case when it has decreased.
If you still managed to sign an act on the coordination of borders with neighbors, drive your area into certain standards, do not flatter yourself - new difficulties await you ahead.
When registering the ownership of agricultural land (permitted use - for agricultural production), the owner of the site will have to prove that his land is used for its intended purpose, that is, any agricultural crops grow on it, cattle graze, etc. This must be done due to the requirements established by the Federal Law "On the turnover of agricultural land" 07.24.2002 № 101-FZ. This law establishes the possibility of withdrawing agricultural land that has not been used (not cultivated) for more than three years.
For regional administrations, this rule of law is a good opportunity to refuse to register a land plot in ownership, and then carry out the procedure for its withdrawal as unused.
To prove the facts of non-use of land plots for their intended purpose, verification commissions are formed in the districts, which, leaving the site, inspect the land plots, take photographs of them, study the composition and number of crops in the territory.
The result of the activities of such commissions is the adoption of decisions on the procedure for the seizure of agricultural land and the transfer of materials to the court to make a decision on their seizure in the manner prescribed by law.
There are other ways of proving the non-use of a land plot for its intended purpose.
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