Unformed land inside the garden partnership. Translation to "Legal Rails" of property for a house in the garden partnership

Ø Features of registrationcommonproperty / General Lands.
Process of registration for state cadastral records (hereinafter - GKU) and state registration Rights (hereinafter referred to as GRP) General use lands in SNT is a chairman of such a SNT. Through the meeting and survey of all CNT members, a decision is made on the need to take into account and registration of general lands, after which they will go to the ownership of SNT, as legal entity. For the implementation of the GKU and GRP, the chairman as a representative of JUR. Persons appeals to the cadastral engineer (both to the IP and to another JUR. - on the choice) so that he prepared all the necessary documents.
The overall lands for general use will be in complete geodesic shooting of land use and compulsory coordination of the location of the specified or newly formed public land boundaries with owners land plotsincluded in SNT. Most often, with a large number of CNT members, the announcement of such a clarification of borders is published in a local newspaper or heads by mail with all the necessary details for feedback in case of any objections. Also, it is always possible to present an approval of an act of matching for signature personally..
In case of arising objections when applying general use lands to land plots of SNT members and, on the contrary, all situations are considered and solved in individual order. In most cases, in practice, if the interview was conducted throughout the SNT, the shaped or refined borders of general lands were established in accordance with the project of the territory of the territory and directly on the borders of the Land SNT members already existing in the Unified State Register of Real Estate.
In a situation where the boundaries of one or several sites are displayed incorrectly or erroneously (for example, an explicit overlay occurs land plot SNT member on a common road), a clarification of such borders after preliminary consent owner. If such an imposition occurred due to technical / register error, then nothing will change for the owner of the "flying" land in fact on the terrain. If the owner was captured / the territory of general use was captured, then, depending on the various circumstances (the consent of the chairman and all members of the SNT, the maximum minimum / maximum dimensions of land) will have to either draw up this part, or to refuse it in voluntary or judicial.

Memo on the design of general lands in SNT

The record provides basic information on the procedure for establishing boundaries and design rights to general land in horticultural partnerships.

General and regulatory information

General use territory - The territories that unordedly enjoys an unlimited range of persons (including square, streets, arrows, embankments, coastal strips of public facilities, squares, boulevards) (Town Planning Code of the Russian Federation)

Property of common use - Property (including land plots), designed to provide within the territory of the horticultural, garden or country, non-commercial association of members of such a non-commercial association in the passage, pass, water supply and water supply, power supply, gas supply, heat supply, protection, recreation and other needs (roads, water towers, common gates and fences, boiler houses, children's and sports grounds, platforms for garbage collection, fire fighting structures, and the like) (№66-ФЗ dated 15.04.1998 "On the horticultural, gardening and country-country non-commercial associations of citizens") .

Land area, to be assigned to common property, determined in the amount of twenty-five percent of the area of \u200b\u200bgarden or garden land defined by the rules provided for in this clause.

As a rule, information about the land plot under the grounds of general use is contained in the Unified State Real Estate Register as previously taken into account. Such information was made on the basis of a decree on the allocation of land by the Gardening Partnership, certificate of ownership ( state acts) Or the court decision on the provision of such land in land certificates in most cases was indicated by the entire area under the SNT, allocated for collective gardening, without specifying a separate land land area. Also, the acts were present in the acts provided.

The decision to carry out the work on the establishment of borders and the design of the general use of SNTs is carried out through the decision of the General Meeting of all CNT members on the initiative of the Chair. In case of adoption of such a decision, the Chairman has the right to appeal to the cadastral engineer, which may be an employee of a legal entity (for example, GUP MO MOBTI) or individual entrepreneur To conclude a contract for geodesic and cadastral works

Necessary documents for entering into an agreement for cadastral works

To conclude a contract for geodesic and cadastral works on clarifying the borders of general land, the chairman of the SNT must prepare the following list of documents:

1. Issument from the register
2. Extract from EGRN to the land plot for MOP
3. SNT master plan
4. Powers of the Chairman and Details SNT.

The composition of the work

Geodesic work, desk processing of the obtained measurements, preparation of a set of documents.

Geodesic works include the departure of specialists in SNT in order to conduct geodesic measurements on the ground, refinement of borders, configurations and land ground squares.

As a result of the cameral processing of the obtained measurements, a layout of the land plot on the cadastral plan of the territory is formed.

The location scheme is approved by the Administration municipal Education. Based on the approved scheme, a land plan is prepared.

Simultaneously with a statement to conduct state cadastral accounting Application for state registration of rights is applied.

Additional Information

If the unused work is detected during the work individuals - members of the SNT land plots, the SNT decides on the establishment of the borders of these sites. The further fate of these sites is solved by the SNT itself.

When land surveying and setting property on cadastral records, you can now get a discount.

On May 17, "Union of Dachniks of the Moscow region" and the Moscow Regional BTI signed an agreement, thanks to which the dacifics of the Moscow region will be able to receive discounts when landtaining land and setting property on cadastral records.

"Today, the Union of Dachnikov, Moscow region and Mobti, concluded an agreement on cooperation. For us, this is an important step, because the summer houses and gardeners need a reliable partner, because some of the main issues that the dacnisters are worried - it is an intersection, the imposition of borders, their coordination. Today, in the face of Mobty, we have found a real partner. In addition to this partnership, we agreed on discounts that will be provided to dacms and gardeners, so we recommend contacting all the garden partnership, collectively. First, it will be much cheaper. Secondly, this is a systematicity, thanks to which you can avoid overlapping borders and multiple matching with neighbors. This day is significant for summer residents and gardeners of the Moscow region, because now we are confident that the survey will be conducted qualitatively and inexpensive, "said the first deputy chairman of the Moscow Regional Duma, Chairman of the" Union of Dachniks near Moscow " Nikita Chaplin.

The "Union of Dachnikov" helps gardeners in a wide range of issues. Moscow Regional BTI is ready to be a reliable partner in solving problems related to real estate. In cooperation, we will jointly hold events, advise citizens, provide actual information On the site of the Union at the registration of cottages, land plots. Moscow Regional BTI is state enterprisehaving rich experience and a large data archive about real estate objects. We have a wide branch network: 69 points throughout the Moscow region. For gardeners already operate and will continue to develop special promotions. For example, a discount on services while simultaneously designing a house and a land plot. And of course, for dachensors it is most profitable to contact us with the whole partnership. It will be cheaper, and faster, "said journalists cEO Mobti. Alexander Bednagin.

Agreement between the "Union of Dachnikov" and Mobti began to act since its signing, also its goals are to increase the awareness of citizens about legal regulation land and property relations in the Moscow region, assisting when performing work on the preparation of documents for registration of rights to real estate Horticultural, garden and country-country non-commercial associations of citizens and their members.

In any horticultural partnership there are areas of general land, which can be cut to the territory of any participant in SNT. Since the general property of the partnership can belong to or members of the partnership, or citizens paying for rent for the use of land plots as part of the Garden Association. Examine the material on whether the SNT participant claims to apply for general land within the partnership.

Within the territory of the garden partnership, the territory is allocated for public areas on which objects are expected to be placed. The formation of common areas occurs through the procedure for the integrity of the entire SNT area. If within the limits of the boundaries of the SNT, any complex works are carried out by cadastral engineers, then all general sites Earth will be entered in the cadastral plan of gardening.

To cut part of the overall use of the site, select the method of acquiring this land:

• Redeem a piece of common use in SNT;
• Take in long-term rent;
• Get the territory after the redistribution of land plots between owners within the territory of SNT.

To redeem the overall use of SNT, it is necessary to resolve the issue with the chairman of the partnership. In order to get the Earth by redistributing the boundaries of existing sites, it is necessary to enlist the consent of the neighbors whose areas directly borders with the territory of the initiator of the redistribution and territory of the ZOA.

In any case, if the territory that must be attached to its own site is located within the boundaries of the SNT, then all decisions can be accepted only at the meeting of all SNT participants. At this meeting, offer to buy the Earth ZOP in SNT on the conditions that will be acceptable and the buyer and SNT.

For the correct formulation of the question regarding land ZOP, examine the possibilities of the Board of SNT and the powers of the General Meeting of SNT members:

• The general meeting of authorized representatives of the Garden Non-Profit Partnership, Gardening, Country Non-Profit Association can solve issues regarding the formation and application of the property of the specified SNT;
• The assembly of the Commissioners has the right to form the amount of reserve partnership funds for the implementation of the main objectives of the partnership, which are spelled out in the SNT Charter, appoint payment of contributions from each partnership;
• Plan, exercise and monitor the conduct of interview within the SNT territory, to take a project for development and planning to expand the territory of the garden partnership;
• To make it on the agenda of the meeting all possible issues related to the activities of the SNT for the adoption of a collective decision within the framework of the meetings of the owners of the land plots within the SNT.

If you manage to convince the board horticultural partnership In need or admissibility of selling the specified part of the Earth, then proceed to design a contract for the purchase of a site that must be concluded with SNT.

Subscribe to the meeting in writingSo that the document was raised by the signatures of the gathered participants of the Garden Non-Profit Association. This is necessary in order to later the meeting decision not recognized by invalid or adopted under the influence of the interested party.

To solve the General CNT meeting, it or the bottom could be considered legal, the presence of more than half of the participants in the specified type of association or partnerships of land owners is necessary. Note that the number of authorized should not be less than half of their number.

To take part in the meeting of members of the partnership, a personal presence is necessary. It is permissible to use the services of a trusted person, but the obligations and rights of such a person must be regulated and certified by the Chairman of SNT.

The decision to acquire the territory of the ZUP within the SNT is made by direct voting by counting more votes. Contact the Chairman of the SNT or other non-commercial union of land users with a request to buy a specific part of the general land. After the vote and counting of votes, make a deal on the acquisition of the Earth, if the decision is made positive.

After registering the right of ownership of a new section of the Earth, it can be combined with already existing land.

There is an opportunity to expand the territory of the Earth within the SNT by initiating the procedure for the redistribution of land plots in SNT.

To begin the procedure for the redistribution of land plots, learn the causes of such actions against land plots under the municipality or private ownership.

Initiate the redistribution of land can be initiated under the following circumstances:

• Redistribution land area within the SNT, if the agreement was concluded with this partnership further development territory of the garden partnership and expansion of SNT. At the same time, the redistribution of land valves is carried out in order to bring the boundaries of the plots in accordance with the boundaries of the SNT, which should be located in accordance with the project of the interaction of the SNT;
• The redistribution of the boundaries of the territories within the SNT to eliminate the inclination by the land plot belonging to various owners, which prevents the use of land in full extent in accordance with their targeted appointment. At the same time, keep in mind that an increase in the area of \u200b\u200beach adjacent area occurs due to general land lands only within the framework of the permissible increase in the general boundaries of the SNT. One of the important conditions is that the sections obtained after the distribution may not exceed maximum sizes plots of land owned;
• The change in the size of the plots of land within the SNT may not exceed the established dimensions of land plots for conducting gardening and garden activities to conduct personal utility farm, for the implementation of IZhS;
• Redistribution of land plots within the SNT can occur due to the construction capital constructions On the territory of SNT or because of the removal of certain sites for the needs of the state or municipality. Due to the land of SNT, compensation is compensated by its owner from the knowledge of the Chairman of the SNT and by decision of the general meeting of members of the partnership.

To get the opportunity to attach part of the PPO to its own area, make an appeal to the settlement administration, if the Earth is owned by the state, or to the Chairman, if the territory of the SNT is carried out.

To increase the chances of the successful accession of general lands, use the services cadastral engineerwhich implements the following actions:

• Will develop and fixes on paper a plan for the integrity of the land plot;
• Will issue the need to redistribute within a certain territory;
• Will be schema geographic location all sections within SNT;
• It will take other special actions designed to help arrange general use of ownership.

Statement on the Redistribution of Land

To officially issue the process of redistribution of land under the municipality or private owner, contact the settlement administration with written statementin which to present the grounds for the redistribution of land within the SNT.

Please note that the following items must be present in circulation about the redistribution of the Earth:

• Passport details of the appeal to the administration settlement, Contact details;
• If the appeal is initiated by legally, it is necessary to submit data on the location and registration of the organization, to provide an extract from the register, to provide an INN of a legal entity;
• Accurate cadastral number plot of land array, which is required to redistribute under the SNT territory;
• Data on the project redistribution project by interviewing the territory, if the specified project has received approval;
• The data on the applicant's postal addresses is possible in several ways to convey information.

Documents for the redistribution of land

Be sure to prepare the following papers that need to be applied to a statement on the redistribution of the land area within the SNT:

• Extract from EGRN with respect to the owner of the land plot, if there is no entry in the registry, then the owner is obliged to submit documents that will certify his rights to the landlord order;
• To present an approved project for the implementation of land for land, within which it is planned to carry out the process of the redistribution of land, or present the location scheme of the land plot drawn by the cadastral engineer;
• If the initiator of the redistribution of land plots within SNT uses the services of the representative, it is necessary to submit a power of attorney certified by the chairman of SNT;
• If the redistribution process begins a foreign legal entity, check all the data on it, provided translated into Russian. Translation of documents on registration of legal foreign person In accordance with the laws of its country, notaries must be certified.

The authorized body within 10 working days checks the document for compliance, if such moments are found, then the application for the redistribution of land plots within the SNT is sent to the applicant's refinement.

Term of consideration of the statement of redistribution of land

After consideration of the application for the redistribution of the Earth within the SNT, the authorized body is forced within 30 days to accept any of the following decisions:

• The location scheme of the plots after redistribution is adopted, approved and sent to the initiator of the process of redistribution of land;
• Takes a project to interview the territory in accordance with the redistribution of land plots, while the applicant will receive written consent to the issuance of the Redistribution of Earth;
• Failures to the applicant in conducting the process of redistribution of the territory indicating the foundations of such actions.

Making a conclusion, know that the application may not be made due to the incorrect filling of the applicant's data, due to the availability of violations in the preparation of documents. Very often the cause of refusal is the fact of filing an application to the authority state powerwhich does not consider such documents. Sometimes the reason for refusal consists in the absence of some documents in the application to the application referenced by the applicant in the text of the appeal.

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Terms of registration of the Land SNT in Property

Currently, persons who are members of the horticultural, vegetable garden or dacha non-commercial association, received the right to issue a land plot to frequently used. Such a proposal is valid until 2020. The Earth is made in the property without trading.

Attention! To obtain the right of ownership, it is necessary that the land plot responded to the following criteria:

• the land plot must be formed from the Earth provided for conducting gardening or gardening before administration in legal force Land Code The Russian Federation, Garden Association or another person, that is, before the occurrence of October 25, 2001. To get information about when the land was transferred, it is possible by referring to the chairman of the SNT. In the event that the Chairman evades or refuses to issue information, it is necessary to make an application in writing with the reasons for the need to obtain information;
• the owner received a plot of land on the basis of the distribution among members of the SNT plots of land by decision of the General Meeting or on the basis of another document, which indicates the distribution of land plots between members of SNT. The decision must also be at the Chairman of SNT;
• the land plot is not seized in installed manner of civil turnover, it is not imposed restrictions, it is not presented, not transferred to free use Third parties. Also in relation to this site there should be no decision of the municipality or state Body about its reservation in order to achieve state or municipal needs. To get information about this, unfortunately, will not be reliably. The only option to familiarize yourself with this information is to obtain a reasoned refusal to satisfy the request for the transfer of the land plot to the property of a member of the SNT.

Procedure for registration

Two methods are distinguished by which interested person has the right to get a land plot to property:

• the transfer of land from the property of the state or the municipality to the ownership of a citizen, that is, through privatization;
• allocation from the joint ownership established on the Earth in the SNT, individual share. The second way is suitable in the case when a total share ownership has been established in the SNT plot on the territory of SNT. Separation occurs through its redemption.

Note! To obtain ownership of Pai, allocated from the overall ownership, it is necessary to make the following list of actions:

• contact the media, saying that you are planning to allocate individual Pai from common property;
• when within a month after the publication of information on the highlight general Share None of the members of SNT expressed objections, then the interested person receives the right to organize air-acting work related to the definition of borders;
• to determine the boundaries, contact the geodesyist, which will determine the boundaries of the share, which corresponds to a part of the area in which the shareholder holds;
• after carrying out the land, the owner of the land plot receives cadastral passport to the land plot and the corresponding land plan;
• after that, the owner of the land plot should appeal to the registering authority, which is a raspestrator, and submit to its cadastral information, as well as documents confirming the availability of a share in SNT in order to register the rights to the dedicated share.

When SNT members are not much, then the interested person can receive written consent from each member on the highlighting of the share after they are published in the media information about the desire to allocate Pai.

When the land plot is owned by the state, it is necessary to harmonize this procedure with representatives of the administration.

Attention! Our qualified lawyers will help you with free and around the clock on any issues.

Preparation for design

So, as previously has already been said, after the implementation of the publication in the media, the desire to obtain a share of the common property should be carried out on the partition of the site for the subsequent receipt of the cadastral data of the Earth.

Note that in accordance with paragraph 2 of Art. 12 ФЗ № 93 cadastral works, which are held in the case of land plot of SNT from state owned The property of the person is paid at the expense of the municipal authorities.

When part-time work is performed in relation to the dedicated share, they are paid by the gardener independently.

Only a surveyor, which has a special license can work.

To do this, with the company to sign the appropriate agreement. After signing the agreement, the geodesist will come to the territory of the land plot and will perform topographic work, the purpose of which will refine the coordinates of the boundaries available in the land plot to highlight it from the total share.

Taking into account! In the case of a primary definition of borders to the land plot should not be:

• overlay;
• inclusion and enclosures;
• sweepers.

The boundaries of the new formed site should not be obstacle to neighbors to access to land, adjacent to the allocated pairs.

Required documents

To get the property ownership of the garden plot, prepare a package of documents:

• a document confirming the basis of the use of the land plot;
• plan scheme;
• an extract from the USRP on the absence of restrictions or burden on the land plot;
• filled application.

Remember! A document confirming the basis of the use of a land plot may be:

• agreement on the transfer of land on the right of perpetual use;
• a document confirming the right of life inherited ownership;
• agreement on the lease of a land plot concluded with the administration;
• a document confirming the availability of a shared ownership indicating the size of this share.

The plan-scheme of the land plot is a schematic image of boundaries in relation to the boundaries of neighboring lands. Drawing up such a plan is necessary for the subsequent design of the cadastral passport. The scheme can be prepared by the owner of the Earth independently. After that, such a scheme is approved by the Chairman of SNT.

Extract from Rossrestra is necessary in order for the municipal authorities to have seen that there are no restrictions or encumbrances regarding this section of the Earth.

In the absence of the opportunity to visit Rossreester, the person has the right to contact the MFC at the location of the land plot. For receipt of information, a state fee must be made, which is 300 rubles. After submitting an application and receipt of payment, the person is issued on the expiration of three days.

To get the site, the application is submitted to municipal authority. The form of the application is not established at the federal level, and therefore, when filling it, it is worth making the following list of information:

• the full name of the body that is authorized to consider such applications;
• information about the applicant with the name and contact information;
• information of details of the certificate confirming the right to the land plot;
• address of the location of the land plot;
• cadastral data;
• view of the category of land and purpose of acceptable use.

In the main part of the application, you should specify a request for the transfer of property rights to the sector to the applicant.

Watch the video. From January 1, the scheme of registration of property rights to land and houses will change:

Procedure procedure

Attention! The general procedure for obtaining property rights to the land plot, located within SNT, consists of the following algorithm of action:

• submitting an appropriate application to the municipality or other body that is authorized to transfer ownership;
• coordination of the provision of the SNT plot in the property to a specific person;
• obtaining a cadastral passport after carrying out the flight work;
• re-submitting an application to the authorized body on the provision of rights to the area;
• obtaining permission and the work of registration of the right.

The authority in which the completed statement is filed depends on whose property is the land.

When it belongs to the municipality, then, as a rule, authorized body is a land management committee. When land plots of SNT are the property of the state, the authorized body for consideration of applications for the transfer of property rights is the Federal Property Management Agency.

In order for the Rossrester to register rights to the land plot, the interested person represents:

• receipt for the introduction of state duty;
• cadastral passport;
• passport issued to the gardener.

After receiving an extract from Rossreester on registration of property rights, the person can independently dispose of its site.

Cost and timing

Note! Obtaining land in property is not free. Interested party It should be understood that the following services will have to pay:

• cadastral works (the cost of services is from 3,000 to 10,000 rubles);
• state duty at registration (100 rubles);
• obtaining information from state registry (300 rubles).

Remember when the land is owned by the state, then the conducted cadastral works are paid by the state body.

Coordination of the possibility of transfer of rights takes about 30 days.

Preparation of cadastral documents is 3 weeks.

The period during which the Rosserastra carries out the registration of the right, may not be more than 14 days.

That is, it turns out that the period during which the person receives ownership of land is on average to three months.

Judicially

In case of disagreement with a negative decision of the authority on the provision of ownership of the owner, the owner has the ability to protest it with the help of appeal to the judicial instance.

Taking into account! This may happen if:

• there is a need to solve controversial issues related to the general SNT territory;
• in case of resolving the issue associated with the connection of traditionally used areas;
• in the event of other issues between members of SNT and the Chairman.

In the case of appeal to the court on issues that are indicated above, it is not required to prepare a separate package of documents. You can attach the information provided earlier to the suit, with the exception of the receipt of payment of the state duty.

When controversial situation It is related to the definition of the cadastral value of the land plot, the court at will have the right to invite to participate in the expert process, which will conduct a study.

ATTENTION! See the filled sample of the statement On recognition of ownership of land:

To make a decision, it is necessary to obtain the status of a member of the partnership, after which contact the Board of SNT with the relevant statement. The application is given information about the ownership.

There may be disputes and in the case of inheritance of the land. The basis for occurrence is the lack of membership in SNT.

Each heir of property independently decides whether to obtain status of a CNT member, or not.

- This is the part of the Land of SNT, which is not busy with personal sites. They are intended to use all gardeners. Horticultural lands are divided into sites and public lands.

Social Lands include those that are not enshrined in specific people. They are used for common needs. By destination, they can be divided into:

• roads;
• firewater reservoirs;
• holiday sites;
• playgrounds;
• earth under public buildings;
• etc.