The initiative to simplify the registration of ownerless lands will serve the development of the village

The initiative to simplify the registration of ownerless lands will serve the development of the village


© Yuri Inyakin/PG

The bill on simplifying the registration of land plots and other real estate, submitted to the State Duma by a group of deputies and senators, is primarily aimed at developing the village, according to the developers. This was reported by the press service of the Federation Council.

Earlier it was reported that on Tuesday a bill was submitted to the State Duma to simplify the registration of ownerless land plots and other real estate. The document is aimed at putting abandoned property into circulation. As previously reported, if adopted, the law will oblige the municipal authorities to carry out work to identify the owners of abandoned property and inform them of the right to register real estate as property. Such a right will also appear for the owners or heirs of shares in various cooperatives. The authors of the bill were senators Andrey Turchak, Andrey Klishas, ​​Sergey Kislyak, Irina Rukavishnikova and State Duma deputies Pavel Krasheninnikov, Vasily Piskarev, Dmitry Vyatkin, Daniil Bessarabov and Marat Nuriev.

According to the developers, first of all, the adoption of the initiative will contribute to the development of rural areas. According to the bill, if the owner of ownerless land plots and other property is not found, municipalities will have the right to launch the procedure for registering property as ownerless or escheated. Municipal authorities will be able to provide such property to preferential categories of citizens, for example, for rural production.

Also, the document will simplify and unify the procedure for identifying and accepting ownerless and escheated property into municipal ownership in the territories of the constituent entities of the Russian Federation and municipalities.

The draft law proposes to amend the law “On State Registration of Real Estate” and certain legislative acts, the adoption of which will make it possible to more quickly identify and state registration of residential premises, buildings, structures and land plots, as well as create conditions for searching for owners of abandoned real estate.

In addition, after the adoption of the law, the municipal authorities themselves will be able to deregister a house or other property destroyed due to natural disasters or emergencies. Since, in accordance with the draft law, cadastral registration and (or) registration of the termination of the right to real estate (if there are records of registered rights to real estate in the USRN) in the event of the destruction of a building or other real estate object is carried out at the request of the local government.

According to Andrei Klishas, ​​Chairman of the Federation Council Committee on Constitutional Legislation and State Building, the draft law concerns cases where title documents for previously registered real estate objects or documents certifying rights to them were drawn up before the law “On State Registration of Rights to Real Estate” came into force. property and transactions with it” and the rights to such real estate are not registered in the Unified State Register of Real Estate (EGRN).

It proposes to oblige local governments to submit an application for registering a property object as ownerless if the measures taken did not make it possible to identify the owner of a previously registered property object, and also to apply to a notary with an application for a certificate of inheritance, if the object real estate is escheated property, Klishas noted.

“This will stop the practice of delaying the registration of ownerless or escheated property, which now can drag on for years or not be initiated at all by state authorities and local governments,” the press service of the Federation Council quoted him as saying.

This issue has been repeatedly raised in appeals received by senators from different regions. In particular, from the Rostov region, Mordovia, Tatarstan and others, said Irina Rukavishnikova, First Deputy Chairman of the Federation Council Committee on Constitutional Legislation and State Building. “We are talking about abandoned, “nobody’s” property, and these are residential buildings, buildings, structures that have not been used for years, often decay and collapse, or land plots that have fallen into disrepair,” she explained.

According to the senator, one of the reasons for the current situation is the inadequacy of the current legal mechanisms for recording, identifying the owners or heirs of such property. “After discussing the existing problems in the field of ownerless and escheat property during a round table at the site of the Federation Council, which was held on September 15, 2022, we prepared a bill that will contribute to the legal regulation of this area,” Rukavishnikova added.

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