If the land plot has an area higher than that indicated in the documents available on it, then its use is considered illegal. To draw up documents for extra hundred square meters and legalize them in accordance with current legislation, you will need to collect a number of documents, re-survey and register your ownership rights to a site with specified boundaries.
Necessary
- - documents of title to the site or other available documents;
- - a written explanation about the appearance of extra acres;
- - act of agreement with neighbors;
- - resolution of the local administration;
- - new cadastral passport and plan;
- - registration of property rights to a site with actual boundaries.
Instructions
Step 1
Call the inventory engineer to record the actual land area. To do this, contact the Federal Office for Unified Land Registration, Cadastre and Cartography. You will be re-surveyed and prepared technical documents indicating the actual boundaries of the site.
Step 2
After re-surveying, you must re-draw up an act of agreeing on borders with neighbors. Reserve the technical documents and the approval certificate at the local administration, submit a written explanation about the origin of the extra hundred square meters.
Step 3
In fact, you can legitimize extra hundred square meters only if all the neighbors of the bordering plots agree with the marking of new borders and this does not infringe on their rights, and also does not interfere with the use of personal plots. Also, legal registration is possible only if the local administration is not against it and the boundaries of the plot with cut extra hundred square meters do not exceed the maximum permissible in your region and do not exceed 10% of the original area (Federal Law 221). In all other cases, you can only legalize the extra hundred square meters if there is a court order.
Step 4
If you already have a certificate of ownership, then you will have to renew it. In the absence of a single registration with the Federal Office of the State Registration Center, you must have one of the documents: a sales contract, a certificate of inheritance, a donation contract. If you do not have any of the above documents, then use Federal Law 93 to register property rights, which allows you to register a site according to existing documents.
Step 5
To do this, get an extract from the housekeeping book to the board of a gardening comrade or a decree from the administration that you received a plot, use it, or that it was transferred to you from a lease into ownership.
Step 6
Submit all received documents for registration in FUGRTS (Federal Office of the State Registration Center). You will be given a certificate of ownership of the plot with the actual area.
