How to combine areas: the nuances of the procedure
There are several nuances of the procedure, which were touched by the experts of the Cadastral Chamber. Read on for how to properly unify land. Don't forget to like and subscribe to the channel!
Land formation
The methods of forming new land plots widespread in Russia include the unification of existing ones (two or more plots). Naturally, real estate objects must be located in one settlement, one territorial zone. Only in the Yaroslavl region in the first 6 months of this year, 128 relevant applications were submitted. It is believed that the owner of the plots that it is decided to merge will have ownership of the new plot (the one that is being formed). And the “old” ones cease to exist upon registration of property rights to land formed during their merger. But starting this process is not always possible.
What can prevent
If land surveying, definition of boundaries is not done, then the procedure must be carried out (call a cadastral engineer, draw up a land survey plan). In this case, an act of coordinating borders with neighbors is always required. And how many sites, so many acts. There is an opinion that it is impossible to combine lands that belong to different owners. This is not true. Can! As Vladimir Fomin, an expert of the Cadastral Chamber, clarifies, an agreement must be concluded between the parties for this. This is how the right of common property arises at the same time. By the way, if there is an encumbrance (pledge) on one of the participating objects, then it will apply to the entire land plot formed.
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However, if the sites are in excellent categories of permitted use, then the procedure cannot take place. Only lands of one type are subject to unification. This information can be found by ordering an extract from the USRN. If the categories are different, then you can transfer them into one type, into one category of permitted use.
It is impossible to form a plot, the total area of which exceeds the allowable size. According to Fomin, the indicator is determined by local legislation. That is, it depends on the area. If we are talking about the unification of plots that were provided on special rights (we are talking about permanent use (unlimited), gratuitous use or lifetime possession), then this is not allowed. It is possible only in the case that these lands are provided to one person.
Where to go
An application (on cadastral registration, registration of rights), a land plot plan, an agreement between the owners and other documents are submitted to the MFC. In a pandemic, this can be done on the Rosreestr website, in the "Personal Account". An electronic signature will be required - it is obtained at the office of the Certification Center of the Cadastral Chamber.
And the state duty is 350 rubles in case it is a garden plot or for construction. But for individuals, if the application is submitted electronically, there is a 30% discount. The term is 10-12 working days from the date of submission of the package of documents.
Have you faced the unification of sites and what difficulties have you encountered? Write in the comments!
Read also:
- What to do if the site is not on the cadastral map: explanation of the specialist of Rosreestr.
- Alteration of a garden house in permanent residence: a wooden paradise instead of a concrete box.
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