Moscow region - one of the most expensive and, therefore, attractive for investment regions of the Russian Federation.An extensive range of investors, both private and corporate is seeking to acquire the ownership of land.The objectives of the most diverse: from individual housing to create a large industrial and agricultural enterprises.However, acquiring ownership of land in the suburbs, only a few are aware of the full range of the issues that may arise from the owners after the transaction.The vast majority of new owners because of ignorance or misunderstanding of the legal framework regulating land relations, find themselves in a very difficult situation.It would seem that some problems may arise from the new owner if the legal component of the transaction is flawless, and you get all the documents in a lawful manner?
As practice shows, the "pitfalls" in the way of ownership occur after some time, even at the development and even the active use of the land.One of these problems, which often refer to our legal office, is the difficulty of establishing categories of land in the documents of title to the purchased or acquired land.
In accordance with the Federal Law "On the transfer of land and land plots from one category to another," if the land category is not specified in the documents of the state cadastre of real estate, documents of title to land or documents certifying the rights to land takenthe normative legal act of the local government on allocating land to land a certain category depending on the purpose for which it was provided.On the basis of this provision to you as the owner of the land should apply to local governments with a petition for the establishment of the category of land as land settlements.The administration, in most cases, gives the owner a written waiver from the requirement to provide documents that are virtually impossible to prepare, if your land is not set category.Later, after many trials, inquiries and walking on different instances, as a rule, it turns out that the plot of land belonging to you by right of ownership, has a category but a category of "forest land".How did this happen?
In the early 90-ies of XX century local authorities (village councils, councils of people's deputies, etc.) allocated land plots to citizens of the lands of the forest fund, bypassing the procedures for the withdrawal of these lands from the category.Thus it happened that the areas in private hands, passed topographic surveys, but on tablets of the Federal Forestry Agency are on the territory of the forest, that is federally owned.It turns out that you are guilty without guilt and can not dispose of the property as you want, for example, does not have the right to cut down trees at the site, without having with the felling sheet.Moreover, even if you do not have to eliminate the trees during construction on your land plot, the problems with the supervisory bodies of the government (for example, in the field of architecture, nature and others) to which you want to apply for construction documents.As a result, you are faced with a hopeless situation - the local authorities refuse to grant you the necessary documents for construction, refuse to "acceptance" constructed buildings and refuse to register land use cases.
you go to court against the administration, but the court's decision, as a rule, not in your favor, due to the fact that the local administration does not have the authority to bring their own land from the category of forest land.
teaches a vicious circle from which, as it seems, there is no escape.
hopeless situation, but in such cases do not happen.You have two options to solve the current problems:
1. Initiate the transfer of land from the category of forest land in the category of land settlements.To do this, you must submit a petition to the local government Orany previously conducted public hearings.However, in this case, you have to rely on the competence and integrity of local officials, which, in its turn, must apply to regional authorities about the necessity of such a transfer.This option, 80% of the dead-end, as the local authorities rarely initiate such a transfer to a higher authority.
2. Differentiate your land from the forest fund lands.This procedure involves an appeal to the judicial authorities.However, before presenting a claim to the court, it is necessary to observe the pre-trial procedure for appeals to a number of public authorities.This path is the most rational and gives a positive result in the majority of cases.
However, you should always keep in mind that to do so on their own difficult path of a lawsuit to obtain a "treasured solutions" to your benefit not everyone is capable of.There need care specialist in the field of law.Otherwise, you will inevitably have to stock up on solid health resources, time and money.
SATolkachev,
Lawyer - a leading specialist in the field of land and housing rights
Legal Bureau "jurist»
