CrimeaPRESS reports:
At the beginning of the high summer season, experts from the Land Supervision Department of the Rosreestr Department for Moscow decided to talk * about the main violations of land legislation in the capital and how to eliminate them. Statistics show experts say BFM.ruthat there are four violations associated with summer cottages, which can be called the most common. The story about them may well have an epigraph:
- All land plots must be used in accordance with their intended purpose only within the boundaries provided, and the rights to them and buildings must be registered.
As noted in the Moscow Rosreestr, one of the most common violations is the illegal seizure of the territory of someone else’s land or part of it without the consent of the copyright holder. Without legal grounds, summer residents appropriate the lands of adjacent landowners or lands for common use. It happens that this happens intentionally, but most often — out of ignorance or due to errors in the documents. But after all, according to the Land Code of the Russian Federation, “unauthorized occupation of a land plot or part of a land plot, including the use of a land plot by a person who does not have the rights to the specified land plot stipulated by the legislation of the Russian Federation, entails administrative liability.”
This problem has a solution.
It is necessary to contact the cadastral engineer in order to remove the boundaries of the land. At the same time, it is possible to check the compliance of the state cadastre information in terms of the location of existing fences, fences, buildings. Thus, there is a check of the boundaries of the site on the ground. In cases where facts of unauthorized occupation of adjacent land plots are revealed, it is necessary either to eliminate the violation, or to invite a cadastral engineer to conduct a land survey (that is, to determine the boundaries of the site, area and shape on the ground) and apply to the Department of City Property of the City of Moscow for obtaining public services for redistribution of land and/or land plots— experts of Rosreestr explain.
The next frequent violation is the misuse of summer cottages. During the survey, the facts of the presence of operating car washes and car services, warehouses, hostels, and so on are often revealed. Land owners themselves need to remember that each land plot has its own purpose, that owners and tenants are obliged to use the plots in ways that should not harm the environment, including land as a natural object, and that any derogations associated with the misuse of land , are a violation of the current legislation, entailing administrative responsibility.
Problem number 3 is the lack of rights to a land plot registered in the USRN. As recalled in Rosreestr, right holders who have not put on the cadastral register and have not registered land plots in the manner prescribed by law cannot officially sell, donate, exchange or indicate in a will, they do not have the opportunity to insure them and receive compensation in the event of an insured event, secure a bank loan. In addition, the owners of such objects do not pay property tax, which is completely wrong.
Everything is easy to fix here. To register rights, a land plot must be registered with the cadastral register (except for cases where there are documented rights that arose before 1997).
First of all, it is necessary to find out whether the boundaries of the land plot have been established. If the boundaries of the site are not established, you need to contact the cadastral engineer, then put the object on the cadastral register and register ownership of it— emphasize in Rosreestr.
The list of major violations is completed by the lack of surveying of the boundaries of the land plot. But here everything is quite complicated. There are plots — the so-called earlier ones (that is, the plot was received into ownership or use before the date of entry into force of the Federal Law of July 21, 1997 No. 122-FZ «On State Registration of Rights to Real Estate and Transactions with It»). In addition, until 2012, the coordinates of the boundaries of land plots were not determined; this practice arose with the formation of the State Real Estate Cadastre.
In principle, the law does not oblige the owners of previously registered plots to do land surveying and determine their boundaries. Usually these questions arise when selling a plot, building a house, obtaining a mortgage. And then it turns out that the borders between neighbors do not coincide. The one who first established the boundaries will be right, and whoever formalized the property earlier is not taken into account in this case.
Therefore, if the rights of the owner of the summer cottage are “previously arisen”, if there is a document confirming this fact, upon application, information about the plot will be entered in the USRN as “previously recorded” and the ownership right to it will be registered without establishing boundaries.
At the same time, the right holders of dacha land plots are recommended to carry out their land surveying, which will eliminate most of the existing disputes.— advise in Rosreestr.
* Available from Business FM
source: BFM.ru
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