The abandoned site in essence is ownerless object. Article 225 of the Civil Code of the Russian Federation defines ownerless thing as not having owner or as that which owner is unknown or has refused the property right to it. Refused this right it is considered, including, and the successor of the former owner of the parcel. When successors did not become owners, to issue the abandoned site it is represented quite possible.
Instruction
1. If you are interested in registration of the parcel which owner has died, and successors have not wanted or could not renew it in the property, try to find for them. Address for data in information system at managements or departments of architecture of municipal authorities, cadastral chamber, bodies of the state registration.
2. Ask successors to come into inheritance. As a rule, you do not receive their consent to it – people just do not want to spend forces and time for registration of the earth which is not necessary to them at all. In this case suggest successors to issue the power of attorney on you you have independently issued the right for inheritance and the abandoned site, working from their name.
3. Sign the preliminary contract of purchase and sale in which state their and your rights and duties with successors. This not excess precaution as there is probability that after registration and registration the cost of the parcel will sharply increase, and successors can refuse the reached earlier oral agreements. To be sure that the preliminary contract will not remain simple piece of paper and that it is made correctly, certify it at the notary. It is better to address that notary under whose territorial authority also the probate case will be.
4. Most likely, time successors did not make out the site, from the moment of the introduction in inheritance there has passed more than half a year. But the notary has the right even to grant the certificate on inheritance in this case. The basis for this purpose is that the site was during this time used for designated purpose. At refusal in issue of the certificate appeal to court.
5. Write the application on behalf of successors with request to restore rights of succession on this parcel. Usually in case the site is abandoned and nobody applies for it, the court makes the positive decision. You receive the certificate on inheritance the judgment basis.
6. Acting under the certificate on inheritance and documents on the parcel, register the property right of successors to this parcel and along with it - the contract of purchase and sale and transition of the property right to you. When you act by proxy, sell the site to yourself you cannot therefore the contract of purchase and sale should be signed addressed to your closest relative.