The harvest season at the dacha is over, the house is closed for the winter. It’s time to do paperwork, for example, register an unauthorized piece of land as property. We find out what territory you can attach to your possessions. Our consultant Victoria Tsarikhina-Fesenko, director of the legal center “We and the Law”, shares useful advice.
November 2 2016
Many summer residents and residents of private houses have violated the law for years, increasing their plots at the expense of land that does not seem to belong to anyone. Until recently, such actions were banned. Violators were issued fines and demanded to return the former borders to land holdings. Now trimming or redistribution (the so-called increase in plots) is allowed. You can not only move the fence a few meters forward or to the side, but also document the legality of your actions. In most cases, this is convenient for everyone, because they usually attach areas located in a dead end, ravines, places in which spontaneous dumps are formed with enviable frequency. But not every area can be captured. There are reservations.
You cannot attach a parcel if it is:
- neighbor’s land. His prolonged absence from the domain is not an excuse;
- common area, including a forest area or the shore of a reservoir. For most rivers, the coastal strip, which will not be allowed to take ownership, is 20 m (5 m for bodies of water, the length of which does not exceed 10 km);
- the place through which communications or highways pass;
- land that goes beyond the boundaries of the territory (garden partnership, village) on which the main site is located;
- the area is put up for auction or reserved for municipal needs, for example, construction is planned on the land.
How do you know if you can attach a site? After all, it also happens that the land is empty, but then it turns out that a gas pipe passes through it. In order not to run into trouble, first of all it is necessary to collect complete information about the chosen territory. You can do this without leaving your home. A public cadastral map will help. It is on the Rosreestr website. Hover the cursor over the piece of land you are interested in and information about it will appear. If there is a legal owner, the site will inform you about it.
In order to obtain documents for a new plot, it is necessary to send an application for the redistribution of land to the local administration. A territory project will be required. To arrange it, you will have to contact a cadastral engineer. He will do the job based on the geodetic survey. The average cost of an examination is 5 thousand rubles. Copies of the deed of ownership of the original site will be required. By the way, if its borders are not established and there is no cadastral passport, the annexation of additional lands is impossible.
The decision to increase the area is issued within 30 days. Immediately indicate the price of the additional plot. Unfortunately, it will not be possible to get land for free. But you will not have to buy out the territory at the market value either. The fee is 15% of the cadastral valuation of the site. Not sure about your ability to pay? Before starting the procedure for the official accession of land, ask the price by checking the cost on the public cadastral map.
Good to know:
- After redistribution, the total area of the territory cannot exceed the maximum size established by the rules of land use and development of the area on which the site is located. You can clarify this information in the administration.
- Often the refusal to increase the site is due only to the fact that a more efficient neighbor is already applying for it. Therefore, you should declare your desire to get ownership of “nobody’s” land as soon as possible.
- All the necessary documents – a cadastral plan, an extract of the property, information about the owner – can be requested on the website www.kadastrmap.ru. To do this, go to the section “Order documents from Rosreestr”, fill in the information fields about the object. True, you will have to pay a state fee for the service – from 300 rubles. (the price depends on how the report is sent – by e-mail or paper letter, whether the document will be legally binding or not).