The Right to the Property Is Not Registered
There is an agreement, decision, old title document or another basis for possession, but the EGRN contains no record of the registered right.
REAL ESTATE • EGRN • ROSREESTR
We review title, cadastral and technical documents, determine the procedure for registering land, buildings and premises, and remove legal obstacles to cadastral registration and state registration of rights.
If the administrative route is insufficient, we assess the grounds for challenging a Rosreestr decision or for seeking recognition of the right through court proceedings.
WHEN A LAWYER MAY BE NEEDED
There is an agreement, decision, old title document or another basis for possession, but the EGRN contains no record of the registered right.
A building, premises, structure or another property exists in fact, but its characteristics have not yet been entered in the EGRN to the required extent.
You received a notice identifying issues with the documents, property, land plot or basis of the right, and it is necessary to determine how the reason for suspension can be eliminated.
The reasons for suspension were not eliminated, or the registration authority considers that the submitted documents do not allow cadastral registration or registration of the right.
The EGRN does not contain the necessary information on the location of the land-plot boundaries, which may prevent certain registration actions involving the land and the properties located on it.
A building or structure was created without the full set of required legal grounds, and it is necessary to determine whether the property can be legalized and through which procedure.
The area, boundaries, designated use, configuration or other property information differs from the technical or cadastral documents.
The non-judicial basis is insufficient, there is a dispute or a refusal by the registration authority, and the possibility of court protection needs to be assessed.
Nikolay NemkovManaging Partner, Konsultant Law Firm
Managing Partner’s Commentary
Why a problem with registration of a right often lies not in the application form itself, but in the basis on which the right arose, the land documents, the property characteristics or discrepancies in the EGRN.
APPROACH
Rosreestr does not register the mere fact of possession. It registers a right where there is a legal basis provided by law and the required documents. Before an application is filed, the entire legal chain therefore needs to be reviewed: from the acquisition basis and the land plot to the property’s technical characteristics and the EGRN records.
We review an agreement, decision of a public authority, court act, inheritance, corporate or other documents from which the right is expected to arise.
We compare the actual characteristics of the real estate with the technical documents and state-register information.
For buildings and structures, we review rights to the land, the plot boundaries, permitted use and the connection between the property and the land plot.
We determine whether cadastral and registration actions are sufficient or whether documents must be corrected, a decision challenged or court protection pursued.
WHAT WE DO
We review agreements, decisions, acts, extracts, old title documents and other materials relating to how the right arose.
We compare the property description, registered rights, restrictions, encumbrances and information about the land plot.
We determine whether a land survey plan or technical plan, clarification of characteristics, correction of information or other cadastral actions are required.
We prepare a list of materials that need to be obtained or prepared before applying for cadastral registration or state registration of the right.
Where necessary, we coordinate the legal part of the work with a cadastral engineer, notary, appraiser or expert.
We support document submission, analyze suspension notices and prepare the required explanations or additional materials.
If the right cannot be formalized through a non-judicial procedure or a registration-authority decision violates the client’s rights, we assess the grounds and prepare the court position.
PROPERTIES
Land rights, boundaries, cadastral information, permitted use and registration of related properties.
Cadastral registration, registration of rights, technical documents and the property’s connection to the land plot.
Apartments, non-residential premises and other independent properties whose rights are recorded in the EGRN.
Unauthorized constructions, unfinished properties and real estate with inconsistent or incomplete documents.
In a dispute over demolition of an unauthorized construction, the client retained property worth more than RUB 10 million.
EXPERT COMMENTARY
Nikolay Nemkov and the experts at Konsultant Law Firm comment in the media on issues related to this practice area.
The firm has been practicing since 2007. We handle litigation and complex legal matters for businesses in Krasnoyarsk, Moscow and other regions of Russia.
To register real estate, it may be insufficient to review only the current register extract. The documents on the basis of which the property arose or was acquired, rights to the land plot, technical characteristics and the legal sequence of transfers of rights may all matter.
For a complex registration matter, we therefore reconstruct the legal basis and status of the property first and only then choose the registration or court route.
ROSREESTR
A suspension notice must identify the reasons preventing cadastral registration or state registration of rights. At this stage, the task is to determine whether the issues can be resolved by additional or corrected documents or whether the basis for suspension needs to be challenged.
If the reasons for suspension are not eliminated within the period provided by law, the state registrar may issue a refusal. The legality of that refusal may also be challenged.
Title materials, EGRN extracts, technical documents, land-plot information and Rosreestr decisions, if any already exist.
We compare the documents, register information and the actual real-estate situation.
A missing document, cadastral issue, plot boundaries, suspension, title dispute or another legally significant circumstance.
Cadastral actions, registration, correction of issues, a challenge or judicial recognition of the right, depending on the particular situation.
MANAGING PARTNER

Managing Partner, Konsultant Law Firm
More than 20 years of practice in complex property and corporate disputes. Practicing insolvency practitioner.
Real Estate Rights in Practice
Practical answers for property owners and participants in transactions involving registration, confirmation and protection of real estate rights.
If real estate rights have not been registered, it is necessary to determine why registration has not been completed and what documents are available.
Depending on the circumstances, it may be necessary to prepare documents for registration, remove obstacles or protect the right through court proceedings.
The assessment requires determining the basis of the right, the history of the property and documents confirming ownership.
The required documents depend on the legal basis for acquiring the right and the characteristics of the property.
Relevant materials may include agreements, acquisition documents, acceptance documents, official decisions, inheritance documents and other materials.
Before filing documents, it is important to verify their completeness and compliance with registration requirements.
A refusal to register a property right should be analysed based on the reasons stated by the registration authority.
It is important to determine whether the reasons can be removed, whether the refusal is justified and which documents support the applicant’s position.
Depending on the circumstances, the issues may be corrected or the refusal may be challenged.
In some cases, real estate rights may be protected or confirmed through court proceedings.
The need to apply to court depends on the circumstances, including disputes, missing documents, registration refusals or other obstacles.
The appropriate strategy requires assessment of the legal basis and available evidence.
When property documents contain problems, it is necessary to determine which information or documents require correction.
Depending on the circumstances, additional documents, correction of records, applications to authorities or court protection may be required.
It is important to assess not only individual documents but also the entire history of how the right arose.
Protection of ownership rights depends on the nature of the violation.
Possible remedies may include confirmation of ownership, removal of obstacles to use, challenging actions of other persons and other legal measures.
The appropriate remedy depends on the specific circumstances.
Real estate rights issues involve document review, analysis of the legal basis of rights and possible disputes.
A lawyer helps assess risks, prepare documents and choose an appropriate protection strategy.
The need for legal support depends on the complexity of the property and circumstances.
State the type of real estate, which documents you have and what the current problem is: the right is not registered, cadastral information is missing, Rosreestr suspended the registration or the matter has already become a dispute.