Russia (bbabo.net), - Rosreestr experts told whether it is possible to become the owner of an abandoned and neglected land plot and what should be taken into account.
First you need to find out if there is an owner of an abandoned house and the land on which it is located, according to Rosreestr. To do this, you can contact the chairman of the garden partnership on whose territory the abandoned property is located, or to the local government if the site with the house is located in the village. You can search for information about the owner on the public cadastral map by the cadastral numbers of the plot and the house. You can request an extract from the Unified State Register of Real Estate (EGRN), which will also allow you to check for encumbrances.
If it was possible to establish that the property has an owner, then it is possible to purchase a house and a plot only under a contract of sale. At the same time, the fate of the land plot and objects firmly associated with it is the same - it is necessary to register the ownership of the house simultaneously with the purchase and registration of rights to the plot on which such a house is located.
A much rarer case is when the owner refuses a neglected site. To do this, the owner of the dacha himself must apply to Rosreestr with an application to refuse the site. Then the right of ownership is registered for such a land plot, for example, of the municipality in whose territory this plot is located. Then it will be put up for auction or leased to a new owner.
According to the legislation, a land plot can be withdrawn if it is intended for housing or other construction, gardening, gardening and is not used for its intended purpose for 3 years (unless a longer period is established by law). However, seizure is an exceptional measure and is possible only if the owner has not complied with the order to eliminate the violation, and only on the basis of a court decision.
The procedure for compulsory withdrawal is carried out only in case of refusal or evasion from the elimination of violations.
If the site has been withdrawn, it becomes part of the municipal property, and the interested person can purchase it.
If the owner of the property could not be found, then it is probably ownerless property (the property does not have an owner, he is unknown or has refused the right of ownership). At the same time, only a building can be recognized as an ownerless thing; a land plot cannot be an ownerless thing.
The algorithm of actions in this case is as follows. Information about the ownerless object must be entered in the Unified State Register of Real Estate (EGRN). An application for registration of an ownerless object is submitted to the rights registration authority by the municipal body in whose territory it is located. One year after the ownerless object is registered, the municipal body may apply to the court with a request to recognize the right of municipal property to it. Then the municipality applies to Rosreestr with an application for registration of the right of municipal ownership of the object. After that, the land along with the house can be purchased at auction, rented or redeemed.
At the same time, it may happen that when you registered ownerless property as a property, the previous owner unexpectedly showed up (in practice, such situations rarely occur). The former owner will certainly want to challenge the right of the new owner. In this case, the issue is resolved in court.
Another way to become the legal owner of an abandoned summer cottage is acquisitive prescription. A citizen or a legal entity that is not the owner of property, but continuously and in good faith owns it as their own property for 15 years, may acquire the right of ownership to it by virtue of acquisitive prescription.
To do this, it is necessary to prepare a package of documents and, together with the application, submit to the court at the location of the property. After receiving a court decision, you can contact Rosreestr to register ownership. As a rule, such cases in simplified proceedings are considered within two months from the date of receipt of the application to the court.
bbabo.Net