How to make the ownership of the land?





08.11.2010 19:33
Articles about real estate | How to make the ownership of the land? Regional Authority of the State Committee on the location of the land must make a mark on the registration of title to land within 14 calendar days from receipt of the instrument of transfer of ownership to it

Become full owner of land in Ukraine is possible as in the lands of the primary market (through privatization, and get free land from the lands of state and communal property), and in the lands of the secondary market through the acquisition of land on the basis of any contract on alienation of land, either by receipt of this land as an inheritance.

In the first case to undergo a long and tedious procedure of land allocation and approval of the local council or local government administration, only after which the walk is in control of the State Committee for the inventory number and a state certificate to the ground. Today we will focus on the second version of the acquisition of land ownership - based on civil law agreements on the alienation of land or on the basis of the certificate of inheritance. In this case, the process of registration of property rights is a little different. It is simpler, faster but more expensive. Thus, it will be to acquire ownership of land on the secondary market.

Property right to certify the agreement
At the first stage, the conclusion and notarization of a civil contract, aimed at the acquisition of land ownership (eg, sale, exchange, grant, contract to satisfy the claims of creditors annexed to the contract of mortgage of land). In this contract as a mandatory annex is intended to include state certificate of title the previous owner, and the duties of a notary is charged with affixing the mark on the transfer of ownership in accordance with the procedure developed by the Cabinet of Ministers of Ukraine.

Before the Act came into force on 03.03.2009, № 1066-VI, each purchaser of land had to draw to his name on the act of state ownership. With the adoption of the Law on private ownership of land certifies not only the public act. Ownership of the land acquired ownership of the land of private property without changing the limits and purpose, also now certified and civil-legal agreement on the alienation of land in case of acquisition of title to land under such agreement, as well as evidence of the right to inheritance.

It should be noted that the Law № 1066-VI set a quota for affixing to the public act of ownership of land elevations on the alienation of land and registration of land rights.

How do I get a mark on the state certificate
Paragraph 4 of the Ordinance of the Cabinet, "On some issues certificates of land ownership" is determined that the territorial authority of the State Committee on the location of the land must make a mark on the registration of title to land within 14 calendar days from receipt of the instrument of transfer of ownership to it .

Inventory number in case of his absence shall be assigned to the land before putting a mark on the transfer of title to land after the resumption of its limits in nature (on ground) and secure their long-term boundary marks a standard approved by the relevant technical documentation, and entering information about the plot of land in automated system of land cadastre.

According to the Provisional Rules of Procedure, approved by Order of the State Committee from 22.06.2009 № 326 city, the land owner shall submit to the territorial agency of the State Committee on the location of the land, a statement the following documents: a civil contract on alienation of land in case of acquisition of title to land on the basis of such agreement or certificate of inheritance; State act on land ownership (land) with a notary stamp on the transfer of ownership of the land.

Regional Authority of the State Committee on the day of receipt of the documents record the statement in the Journal of accounting statements and services provided by affixing a mark on the state certificate of registration of title to land in the Land Book. Then on the statement of a mark on the date of registration and its registration number and, according to customer service - on the second copy of the statement or copy of the application, which remain a customer. In the case of conformity of the documents within three calendar days from the date of filing the territorial administration of the State Committee gives the customer a receipt for payment of services in registration of the State act on the basis of a civil contract on alienation of land or a certificate of inheritance. You also need to pay and service for entry in the land registry and including information in the database of the automated system of the State Land Cadastre.

Then the territorial agency of the State Committee reported to the relevant part of the Centre of the State Land Cadastre filed by the owner of land documents and technical documentation of Land Management for this site. Center of the State Land Cadastre, in turn, verifies the received documents within seven days, and makes appropriate entries on the new owner in the land book and returns all documents to the territorial authority of the State Committee, which during four days ago at the state act mark registration law ownership of the land.

The owner of land on the same day shall provide copies of receipts for payment of services in registration state certificate and to implement all the above actions, then the territorial authority of the State Committee shall issue the owner a civil agreement, or certificate of inheritance, together with state certificate of bearing the mark.

Price issue
Cost of services for registration of the State act on the basis of civil-legal agreements on the alienation of land or a certificate of inheritance, as well as entry into the land registry and the entry of data into the database of the State Land Cadastre is determined in accordance with clauses 13, 20 and 23 of Table 6.1 wages of land cadastral works and services approved by the joint order of the State Committee of Ukraine, the Ukrainian Ministry of Finance and Economy Ministry of Ukraine dated 15.06.2001, the № 97/298/124.

Registration of the State act on land ownership on the basis of notarized contracts of sale of land and of the payment, gift, inheritance, etc., is worth 30 hryvnia for individuals, 50 hryvnia - for legal entities. Assign inventory numbers will cost the citizens in the amount of 5 to 25 hryvnia, businesses - from 60 to 80 hryvnia. Registered in land registry SLC will carry up to 10 and 30, respectively hryvnia. That is all this rigmarole in the State Committee would cost an individual a maximum of 65 hryvnia.

With regard to the initial cost, then the contract of a notary public will need to pay for his services, legal costs (the notary public) to pay tax on the income of an individual. Tax is paid by those who receive income: for sale is the seller, with gift and inheritance - the donee or heir. If this contract on alienation, which is compensated, you will need to pay more and a contribution of PFC (1%).

Without paying all these fees or without confirmation of payment of tax on the income of the notary did not formalize the deal. Also, if the contract specified underestimated price different from the current market, the notary may require or specify the actual price, or find another notary. Therefore, the notary to come to the assessment of land obtained from the State Committee, as well as a certificate stating that the land is not in the pledge (it is not imposed a mortgage).

Legal literacy campaign

How to replace the ground state certif
To replace the State act on the ownership of land (on the right of permanent land use) a natural or legal persons may be various reasons. For example, identification in the act of spelling or technical errors, a voluntary replacement, loss or damage.

To replace a state certificate of land to landowners (land) must apply to the territorial authority of the State Committee, which issued the act. The statement must indicate the reason for the replacement act and attach copies of the following documents: 1) state certificate to the ground (except for loss), 2) an act of acceptance and transfer of landmarks on storage, and 3) a document under which it received the right to land; 4) the act of transferring to the nature of the boundaries of protection zones, zones of sanitary protection (if any). No other documents SLC is not entitled to claim.

The statement must specify: the detection of errors - are errors with the voluntary replacement of - the reason for substitution, loss or damage - where, when and under what circumstances is lost (corrupted) state certif. If you lose the landowner (land) places the message about the loss of state certificate in the local print media. If within one month from the date of publication of the notice of a lost state certificate is not forthcoming, he issued a new act.

SLC informs the applicant about the availability of state certificate, and upon payment of work performed claimant receives state certif at the Center of the State Land Cadastre. The cost of works for a copy of the document is (a joint order of the State Committee, Ministry of Finance and Economy Ministry on 15.6.2001, the № 97/298/124): 1) state certificate for the registration of land and provision of extracts from it: for individuals - UAH 5. For legal entities - 25 UAH., 2) for making state certificate to land on the basis of notarized contracts of sale of land and of the payment, gift, inheritance, etc.: for individuals - 30 UAH. for legal entities - 50 UAH. and 3) a duplication of state certificate of land, other documents instead of the lost: for individuals and legal entities - 17 UAH.

Cost of work not only paid for the detection of spelling or technical errors, as in this case the work is performed by the registration authority of the state act.
Anna Vojvodina (Forensic legal newspaper, № 40, 18-24 October 2010)
Content tags: land Tips on Real Estate
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