Registration of the public lands located within constructions and relating on the property rights to citizens it is possible to issue in rent with restriction of a public easement that becomes most often. In exceptional cases in documents of title transfer of public lands to joint property of citizens or to termless rent is designated.
It is required to you
- cadastral documents;
- the statement in FUGRTs;
- receipt of payment for registration;
- photocopies of all documents;
The sponsor of placement P&G Articles on the subject "How to Issue Public Lands" How to issue the land plot under a house How to receive the earth in use How to receive the certificate on ownership of land
To issue public lands on the bases of transfer to rent with restriction of a public easement, address to administration and receive the resolution, at the same time sign the lease contract.
You should carry out at own expense a land surveying and to put a site on the cadastral account. After that you will be able to address in FUGRTs, to register the lease contract with restriction in subsection No. 3-3. The public easement means that to pay for rent, a land surveying and registration there will be you, and all citizens can use the earth without restriction as roads, squares, parks, places where pass city communications, power lines, gas distributive pipes, etc. belong to public lands.
To issue the earth in termless rent, sign the contract with administration. File in land committee a petition for a site land surveying. The transaction of termless rent is subject to obligatory registration in FUGRTs. According to the Federal law No. 122-F3, you will not be able to register the contract without cadastral documents.
Usually not citizens, but the chairman of garage and construction cooperative, the chairman of gardening association or other types of the associations created voluntary for the solution of the economic domestic needs are engaged in registration of public lands. The rent is distributed between all copartners, therefore its sum for each citizen the separately insignificant.
If in documents of title it is specified that it is necessary to transfer the public earth to the possession, you should demarcate a site, to put on the cadastral account and to register the property right in FUGRTs.
Now article No. 36 of the Town-planning code of the Russian Federation forbids construction on such lands, and also the organization of any kinds of associations in territories with crossing of public lands therefore the question of registration does not arise.