Shared ownership: the right to own and use the joint and common share of spouses in an apartment or land plot - the procedure for registering a mortgage or sale transaction

Registration of ownership of a part of the house based on a court decision

Hello!
My question concerns the registration of part of a residential building. The house was purchased in 1979 under a purchase and sale agreement, and is in shared ownership: 1/2 share each from us and from our neighbors. Since the purchase, our part of the house has been extended several times (all extensions are legal). Since 1995, we have ordered a technical plan of the house from BTI several times (the last one was from 2010). The plot and the house are divided into 2 parts, 2 courtyards, 2 entrances, all communications are individual, separate personal accounts (the house has only one common brick wall). Due to the fact that the actual occupied areas of the houses became different (our part of the house had increased significantly), in 2010 we decided to register our half of the house in accordance with the procedure established by law. At first they wanted to make a real division by mutual consent with the neighbor so that we would not depend on each other, but it didn’t work out and we were denied registration without allocating a separate part of the house. In 2011, we filed a lawsuit to get away from shared ownership and allocate our part of the home ownership in kind, in accordance with the actual area owned by us. The court satisfied our demands in full. The court's decision entered into legal force. In 2014, in order to complete the registration of property, we applied to the BTI and the cadastral chamber of the city of Saratov, but they refused to issue a technical passport for the allocated part of the house (referring to incomprehensible changes in the legislation that did not allow us to complete the registration procedure). We contacted the registration authorities. But the Rosreestr consultant did not see any basis in the submitted documents for carrying out the registration procedure and again referred to changes in legislation that occurred at the end of 2012, on the basis of which the registration of all shares and parts of houses is currently not carried out (and without naming which legislative acts such changes were made). Is it so? What should we do to finally complete the registration? “Rights to real estate established by a court decision are subject to state registration, which the state registrar has the right to refuse only on the grounds specified in paragraphs four, six, seven, nine, ten, eleven and twelve of paragraph 1 of Article 20 of this Federal Law.”

How to register a new house in SNT, a freehold village according to a simplified and standard scheme

Registration of ownership rights in transactions is necessary when the owner previously ignored the fulfillment of the specified requirements of legal documents. Property rights can be illustrated by the right to inherit, property acquisition agreements, gift agreements and other identical documents.

Registration of houses as private property is an important problem that arises for citizens who dispose of real estate without documents confirming their legal rights to the building. A house without documents cannot be sold, donated or bequeathed to your relatives, which is why many people think about how to register the house as their own.

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Real division of a residential building and termination of shared ownership

Allocate part of house A to the ownership of Nikolai Andreevich Lobanov: residential No. 4 with an area of 17.1 sq.m. , bake; extension A1 - living room No. 3 with an area of 8.3 sq.m., kitchen No. 2 - 13.7 sq.m., oven, cold extension al -room No. 1 with an area of 1.5 sq.m., part of the barn P - 23.0 sq.m., part of the barn G -24.5 sq.m., well G2.

The plaintiff’s representative explained to the court that if only one room in the main house was for sale, then Golovina A.P. would never have entered into a purchase and sale agreement on such conditions, she was sold part of the house consisting of both a living space and an extension, part of 2 barns, and this part of the house was completely separated from the other half of the house, the owner of which was neither disputed the right to the part of the house being sold with its included buildings, either at the time of sale or subsequently.

How to register part of a house as your property

Moreover, this procedure will be different for garden houses, residential buildings and unfinished construction projects, although the “dacha amnesty” remains for all built residential and country houses. The period of the “dacha amnesty” has been extended until March 1, 2021, therefore, if you want to register ownership of a house or dacha without any problems, we recommend that you do not delay this procedure, since it is easier and cheaper to do this while there is no rush.

In 2003, we demolished our half of the house and built a larger house. Our new house is located close to one wall of the neighbor's house. In 2009 we decorated the house. Now we have 83.5% of the house, our neighbor has 16.5%. Is it possible to register the house as a separate property? What needs to be done for this? Thanks in advance April 10, 2021, 21:56 Bella, Saratov Answers from lawyers (2)

Registration of home ownership 2019

When an application is submitted by more than one owner, they must have their passports. If one of the applicants cannot be present in person, he can be replaced by a proxy who will have trust documents in his hands, previously certified by a notary.

Among a number of innovations and changes that the new legislation implies, the most significant is the termination of the issuance of a registration certificate. Now there will be no evidence, and the fact that your property has been registered can only be confirmed by an extract from the Unified State Register of Real Estate.

Registration of ownership of a land plot under an apartment building

Not all residents know how to register ownership of a plot of land under an apartment building. And even more so, what advantages this procedure opens up for homeowners. After all, it is quite important whose plot the residential building is located on, since the improvement of the local area depends on this.

Despite the fact that the entire procedure for registering land under an apartment building seems impracticable, in practice this is not the case. The authorities are happy to accommodate residents who want to take on such responsibility. In addition, an increase in land tax is beneficial for the state. Therefore, it is worth collecting documents and going to register ownership.

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Allocation of land from shared ownership

Separation of a land plot from shared ownership is possible even if the other co-owners do not intend to sign an agreement on division and change the established principle of use of common property. To consider the issue in court, a package of documents is required: • certificate of shared ownership; • cadastral passport, which records the right to own a land plot within the established boundaries.

If a co-owner planning to separate a land plot from shared ownership has previously made improvements to the common property with the consent of other owners, the court must provide evidence of this. For example, if there are buildings and structures on the site that were erected by one of the co-owners with personal funds, these construction objects, as well as the land necessary for their maintenance, may remain with their actual owner. The rule on division in proportion to shares in a residential building continues to apply to common buildings and ancillary premises.

The allocation of parts of a land plot from common shared ownership involves compensation in favor of those co-owners whose share cannot be allocated in full for objective reasons or if one of the co-owners has such a small share that it cannot be allocated in kind.

Common shared ownership of a house does not prevent the owner from exercising the right to dispose of his property at his own discretion. However, to conclude contracts of sale, gift, exchange, pledge, will, it is advisable to have ownership of your land. Therefore, a share in the common ownership of a land plot must be allocated and documented to a specific owner.

Registration of home ownership

Property rights inherently refer to material human rights. In almost all countries it is regulated by law. As a rule, a separate section of the Civil Code is devoted to consideration of the essence and procedure for acquisition, as well as deprivation of property rights.

Ownership of land is certified by special notarial documents (state deed for a land plot, certificate of ownership of land). Registration of ownership of land and ownership of a house is carried out according to almost the same procedure. Unless in practice there has been no conclusion of exchange agreements in which the commodity would be a plot of land in a field or near a house separately from other real estate.

Registration of common shared ownership of a land plot

If the house is not divided between the parties, dividing the land plot or separating the share of one of the co-owners from it is impossible. Therefore, before resolving the land issue, obtain the necessary documents on the ownership of the home.

Documents confirming the ownership of the house and the size of the owner's share: • an extract from the Unified State Register of Rights to Real Estate and Transactions with It; • certificates of the right to inheritance, contracts of purchase and sale, donations, exchanges; • court decisions that have entered into legal force on the recognition of ownership of a house or part of it, a house plan, a land plot plan; • certificates and other documents issued before the entry into force of Federal Law No. 122-FZ “On state registration of rights to real estate and transactions with it” dated July 21, 1997. • The stage of registration of common land ownership of a land plot is important for its subsequent division. A land plot must necessarily be an object of land legal relations - an individually defined thing with specific boundaries and a precisely defined location on the cadastral map. The court's decision to recognize ownership of an unformed land plot is difficult to predict.

Following the principle of unity of the land plot and the houses, buildings and outbuildings located on it, recognition of land ownership occurs on the basis of documents on the ownership of the house. In the absence of documents, it is necessary to be guided by the data of the primary inventory.

However, if, in the process of owning a land plot, the co-owners changed the size, location of boundaries and the number of buildings on the land plot, without reflecting the changes in the cadastral plans, in order to register common shared ownership of the land plot, it is necessary to prepare documentation that corresponds to reality. To do this, you will need to call specialists to the site, take measurements, record changes and make changes to the technical passport.

How to register part of a house as your own

If all owners or spouses agree to the division of property, contact the department of urban planning and architecture. First of all, it will be necessary to provide documents that certify the title to the house, as well as an architectural design for dividing the house into shares in kind. It is worth noting that registration of a house share consists of several very important stages. After collecting all the documents, you will be issued a permit, according to which you can erect a permanent wall in the house and make a separate entrance.

Your own house is not a separate apartment. There are completely different parameters here: the presence of a site landscaped to your liking, the opportunity to have additional buildings, as well as an increase in living space due to extensions and add-ons to the house. If, of course, the site allows it. Registration of a private house as a property depends on the method of its acquisition:

How to divide jointly owned property

The division of a jointly owned house is carried out in half. At the same time, the house can be redeveloped, allowing it to be made into two autonomous buildings.

Division is carried out in other parts, if this is reflected in the agreement . In this case, division is possible only if each of the co-owners receives a separate premises suitable for living.

Another option is to collect compensation for your part of the property from the remaining co-owners . If the actual division of housing is impossible, then the court may oblige the second owner to pay money proportional to the size of the property part of the first.

These provisions are regulated by Article 250 of the Civil Code of the Russian Federation. If the right of ownership arose during marriage, then the division procedure is regulated by Articles No. 34 of the IC and No. 256 of the Civil Code of the Russian Federation.

Information: the land plot is also subject to division. Without his survey it is impossible to divide the house.

How to register part of a house as your property

It should be noted that absolutely every participant in common shared ownership can dispose of their property as they wish. To do this, you just need to register your share in the common property and obtain a certificate of ownership.

You also need to have with you an application for registration of ownership of a share in a residential building . purchase agreement or right of inheritance, notarized consent of the spouse, technical passport, as well as documents that prove your identity.

Joint ownership of a house

Help us rework this lawsuit: To the Zaigraevsky District Court.

Plaintiff: Veronika Andreevna Avdeeva address: Zaigraevsky district, Onokhoy village, st. Food, 31 "a"

Registration of land plot under the house as property

Article 552 of the Civil Code of the Russian Federation regulates relations regarding the land plot on which the house stands and necessary for its use, but not the plot adjacent to the house. What is underneath the house, as a rule, is sold without any problems along with the house without the consent of the owner. And what is adjacent must be purchased from the owner.

I have half a house in the Cherepovets district of the Vologda region and 0.9 hectares of land. The house has been divided in kind, I own apartment No. 1. Now I want to buy the second half of the house (apartment No. 2) from my neighbors. The neighbors use the land adjacent to the house, but their rights to it are not formalized. They inherited part of the house. They do not have documents for the site. Is it possible for me to register rights to the plot adjacent to apartment No. 2?

How to sell a share in an apartment through the court

Unfortunately, not all co-owners provide consent to the sale of part of the apartment. They hinder the transaction in every possible way . In this case, the seller must apply to the courts to resolve the dispute.

Based on clause 4 of Art. 252 Civil Code. RF. The judge may rule that part of the apartment is considered insignificant and oblige the remaining owners to pay him monetary compensation equal to the price of his property. The court may award compensation if one of the following applies:

some of the housing cannot be identified in kind;
the co-owner does not use the property;
it cannot be isolated in its natural form.

Important ! A judge may rule on the forced sale of property if its owner behaves antisocially and violates the rights of other citizens living in the same premises. Each determination is made by the court individually, taking into account all the circumstances of the case.