In Russia, people have few legal rights to the ownership of land to build private homes. Among them – the right of property ownership by prescription, property law on industrial land, inheritance, the right of privatization, the right to create an immovable right to acquire land from private individuals and other more “subtle” law.
Let’s talk today about buying land from private individuals.
As a buyer must do, not to bury the money in a foreign land?
Money, patience and attention.
Purchase and registration of a private country house (real estate) in property – a long process (sometimes it takes several years) and quite expensive. Documents to carry out such a deal is not going for a day or two. The main feature deals with the land – boundary of the site, put up for sale, should be necessarily established and registered under the legislation, otherwise, the plot is not the subject of the transaction. So, the first thing you need to know – whether the documents in order to the seller.
Beware of inventory!
The most complete information about the land that you are going to buy, contained in the cadastral plan. This is – the basic document that allows a drop to make a deal and selling. Its object may be only a piece of land that has passed the state cadastral registration and received a state cadastral number. Before you draw up documents, you need to make a request to the Unified state register of real estate rights and transactions with the purpose of obtaining information about the upcoming purchase to make sure that the data specified in the inventory, are legally sound. In the cadastral plan shall contain the following information:
- The address of the land;
- It is a real space;
- Description and marking boundaries:
- Information on membership categories of land + permitted use of land;
- Characteristics – high-quality and economical, and of course, information about the presence in the area of real estate.
If the documents are furnished on the ground for over 5 years ago, you need to get a fresh cadastral map and a fresh certificate reflecting the cost of land – a regulatory and inventory.
Title documents.
They argue that the seller has the right to property.
They are:
- Purchase agreement – the sale, exchange, donation;
- Resolution (decision) of the authorized authority to grant this land to the property.
Evidence of the seller’s ownership of the land serves as a certificate of registration of title issued by the appropriate authority (in this organ of the Russian Federation is the Federal Registration Service).
All of these documents (in particular, establishing rights) shall be furnished without fail and, of course, are registered (ask to show you the original).
Depending on the category of land and the reasons for ownership, list of documents may be somewhat different.
Documents on the land with buildings.
If you buy land with existing buildings on it, albeit in an unfinished form, and all buildings unfinished should be issued.
So, are you obezopasivaete from direct action of the Civil Code articles on Illegal Buildings.
If the house is not furnished or is not registered, in which case it is unauthorized construction, and the new owner without the shaking of an rapids bureaucratic offices and additional spending money will be very problematic.
So, in the case of purchase of land with buildings should:
- Check that all the buildings and structures are actually within the boundaries of the site;
- Determine the type of building (residential / non-residential construction, residential home). Depends on this registration stamp in the passport;
- To find out if there are any buildings on the site registered if it is actually empty;
- Check whether the observed distance from the borders of its neighbors (the norm – 3 pm for a house, 1 m. – other buildings);
- Determine the area of the house both general and housing and to make sure that it coincides with an area of legal documents;
- Make sure that the Bureau of Technical Inventory no facilities inventory of cases on the structure, which no longer exists, but there are no existing illegal alterations (BTI proshtudiruyte data sheet);
- Check whether the act of communication, whether they are officially registered to take stock and wire.
Purpose and category of land.
If your goal is simply to buy a plot of land you should know that not always it may be appropriate to build a house.
Find out the purposes for which the land is used. Pre-discover not whether the selected area to the exclusion zone, as, for example, runs a number of water supply and communication lines, or a security zone of reservoirs, power lines, highways, etc.
Another danger: a long-term plan may contain any of the authorities intentions regarding the use of land within which there is also “your” site.
So take action in order to find out the local administration, not whether the site is reserved for state needs. This information is public.
Important Do not trifle
On discharge from the house of the book, make sure that the house was not registered persons. Get help on the availability of underground utilities or invite specialists for Surveying.
Get all the documents about the absence of the owner of arrears of payments.
So you halfway. And it is thoroughly explored the territory they dream of seeing their property and collected key documents. But it’s not all forward – the procedure of sale. Remember that the factual and legal ownership of land – two big differences.
Actual possession of land (without a legal basis) as a criminal offense. Thus, the unauthorized occupation of land entails a minimum of fines (Art. 7.1 of the Administrative Code), as well as a maximum – the liberation of occupied territory.