How to legalize illegally occupied lands

An abandoned plot does not at all mean that it has no owner. Perhaps there is an owner, but for some reason he does not use the land plot. If an unauthorized person begins to use a site that has an owner, namely, to erect buildings, carry out agricultural work, this will be considered an unauthorized seizure. Such actions are subject to administrative responsibility.

What is land grabbing?

Land in our country is real estate and for this reason it is possible to become the legal owner of a land plot only after registration of property rights. This is set out in the Land Code of the Russian Federation. In this regard, until the ownership of the land is properly registered, and the boundaries of the site are not determined, all manipulations with the land are illegal.

In other words: self-seizure is the use of someone else's land plot for their own purposes, without having a legal right to these actions. Such actions include: the construction of buildings, the cultivation of land for agricultural purposes. The use of the site in this case occurs exclusively for personal purposes, and the seizure of the territory on its own initiative.

What if you are faced with self-seizure?

Do not think that only ordinary citizens are engaged in self-seizure, having placed a vegetable garden in an abandoned neighboring dacha. In most cases, the law is violated by officials who have data on land plots. Possessing information about the plots not in demand by the owners, the land is seized.

If you are faced with this, when an unidentified person uses your land for personal purposes, without having the right to do so, contact the law enforcement agencies and the offender will be brought to justice.

Responsibility for unauthorized seizure of the site

It is possible to use land for personal needs in our country if one of several factors is present:

• property rights;
• lease agreement;
• servitude;
• inheritance rights.

If the person using the land plot does not have any of the above documents, it can be assumed that he has appropriated the plot and is a lawbreaker. These persons do not have the right to perform any actions with the land plot, namely: to sell; lease to third parties; draw up a will; alienate rights in other ways. If the person who has committed the seizure of foreign territory engages in commercial activities on this land, the funds derived from this activity will be considered illegal income.

Penalties

Illegal land users fall under administrative responsibility - fines. The amount of the fine depends on whether the land plot is registered in the cadastral register and whether the cadastral value of this land plot has been determined.

If there is one, then under article 7.1 of the Code of Administrative Offenses of the Russian Federation, the amount of fines will be:

• for civilians - 1-1.5% of the cadastral value, but not less than 5 thousand. rubles;
• officials - 1-1.5% of the cadastral valuation, but not less than 20 thous. rubles;
• legal entities - 2–3%; the minimum fine is not less than 100 thousand rubles.

In cases where the cadastral value has not been determined, the fines will be:

• for civilians from 5 to 10 thousand rubles;
• officials from 20 to 50 thousand rubles;
• to legal entities from 100 to 200 thousand rubles.

How to legalize land occupation

But the law is not intended only to punish the use of someone else's land; in some cases, self-seizure can be legalized. To do this, follow these steps:

• Find the owner of the site.
• Carry out a land survey procedure and establish the boundaries of the land allotment in a new order; get a cadastral passport.
• On the basis of the collected package of documents, register the ownership.

It is not difficult to establish the owner of the land, for this you need to make a request to the Rosreestr or to the architectural / land department under the self-government bodies. These organizations are required to provide an official response, which will collect the necessary information about the copyright holder of the site.

Four options for the development of events

• If the site belongs to local government or SNT, you need to submit an application for the allocation of this land plot for personal use to the person who applied.
• In the case when the site belongs to the state, you will need to take part in the auction and, accordingly, come out the winner. The auction offers the potential to increase the land area and arrange self-seizure of common areas quickly and inexpensively. The cost per square meter in this case will be 15% of the cadastral valuation.
• Perhaps the land already has an owner and in this situation there is only one way out - to enter into negotiations and insist on the alienation of property rights. In simple words - to persuade to sell and do it as cheaply as possible.
• Another option is that the land is ownerless, which means it has no owner. Then you need to apply to local self-government bodies with an application for registering the land for cadastral registration. But this procedure is quite long, since after putting it on the cadastre, the site will become the property of the municipality in a year. And only after a year you can become a contender for the right to use the land.

How to register ownership of an unauthorized land plot

For registration of land ownership rights, a statement must be submitted to the authorized bodies, to which must be attached: plans of geodesy and BTI; cadastral passport; an act of ownership of a land plot. If the municipality approves the application, the land user can buy out the site.

To obtain a cadastral passport, it is necessary to conduct a land survey of the boundaries of the site - an expensive event, but necessary. For this procedure, you need to invite a cadastral engineer and provide documents: passport of a citizen; documentation confirming that the applicant has rights to use the land; geodesy plan; boundary plan; application for a cadastral passport; a receipt for payment of the state duty. In the best case, the document will be ready within 20 working days after the request. If a specialist makes comments, the term for the production of a cadastral passport will be extended until the violations are eliminated.

If you have a new cadastral passport, you can start registering ownership of the unauthorized land plot. This is done directly in Rosreestr, or the applicant applies through the MFC.

Documents required for registration of ownership:

• citizen's passport;
• statement;
• cadastral passport;
• an agreement allowing the applicant to use the land plot;
• payment of state duty.

If there are illegal buildings on the land, they can be legalized when the site becomes the property of the applicant.

For what reasons do they refuse to register the ownership of self-seizure

Registration of rights is often denied and there are several reasons for this:

• incorrectly executed documents;
• the boundaries of the site are contested in court;
• there is no information in the register on the boundaries of the site;
• there is a conflict of the previously registered right with the one that is trying to issue at the moment.

Of course, all this is not done quickly and is often not easy, but if there is an opportunity, it is necessary to register the seized land into ownership. At the very least, it will be better than fines and legal costs, and will also open up new prospects.

Have you come across a self-capture design? Write in the comments!

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