Land law. Documents on rights to land plots (the most important)

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Land law. Documents on rights to land plots (the most important)

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36. DOCUMENTS ON RIGHTS TO LAND PLOTS

The rights to land plots are certified by documents in accordance with the Federal Law "On State Registration of Rights to Real Estate and Transactions with It".

The right to a land plot acquired by a participant in land legal relations is certified by title documents. In accordance with Art. 26 of the Land Code of the Russian Federation, rights to land plots are certified by documents in accordance with the Federal Law "On state registration of rights to real estate and transactions with it." Article 26 of the Land Code of the Russian Federation is based on the general requirement for state registration of rights to land plots as real estate and transactions with them.

Documents certifying the rights to land plots are documents confirming registration of rights. Since rights to real estate and transactions with it are subject to state registration in the Unified State Register of Rights, this register forms the basis of documents certifying rights to land plots. At the same time, an integral part of the Unified State Register of Rights are files that include title documents for real estate and books of documents. A file of title documents is opened for each piece of real estate (including land plots). All documents received for registration of rights to the specified object are placed in the case. The document books contain data: on documents accepted for registration about the real estate property, copyright holders, registered rights and applicants; issued certificates of state registration of rights; extracts and certificates from the Unified State Register of Rights, about other documents. The state registration of the emergence and transfer of rights to real estate is certified by a certificate of state registration of rights. The completed state registration of contracts and other transactions is certified by making a special registration inscription on the document expressing the content of the transaction.

The form of certificates and a special inscription is established by the Rules for maintaining the Unified State Register of Rights. Forms of certificate of state registration, introduced by individual subjects of the Russian Federation and city administrations before the establishment of a single form of certificate, are recognized as legally valid. In a situation where a lease agreement for a land plot, sublease of a land plot, gratuitous fixed-term use of a land plot, concluded for a period of less than one year, is not subject to state registration, except for cases established by federal laws, it should be borne in mind that according to the Civil Code of the Russian Federation, if the lessee continues to use the property after the expiration of the contract in the absence of objections from the lessor, the contract is considered to be renewed on the same terms for an indefinite period. Therefore, if the lease relationship is continued, the contract is subject to state registration.

Agreements for the lease of a land plot, sublease of a land plot, gratuitous fixed-term use of a land plot, concluded for a period of less than one year, are not subject to state registration, except for cases established by federal laws.

Author: Medentsov A.S.

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