Any legal transactions with real estate property rights require careful preliminary study and preparation, since there are many nuances in them. Today we will tell you how a land plot sale and purchase transaction is formalized, in which cases it is mandatory. And also we will tell you about the features that must be taken into account by copyright holders.
Conducting a transaction
First, we note that the acquisition of an allotment can occur in two ways, depending on who is the owner: the state (represented by municipal authorities) or an individual. In both cases, you should not count on a quick procedure, since the purchase itself is preceded by a rather long period of collecting documents. In the first case, only the buyer is engaged in this, in the second – both interested parties.
Let’s turn to the legislative framework. This transaction, the basis of which is the transfer of property rights of ownership, is regulated by the Civil Code, namely Art. 30 of the Civil Code of the Russian Federation. This article provides rules, the observance of which helps to protect the interests of the seller and the buyer. They are aimed at how to make up the sale and purchase of a land plot in a legal way. And already the process of transfer of ownership of real estate is the jurisdiction of the Land Code, namely Articles 37, 15, 25 and 26.
In addition to the main regulations governing the process of concluding a transaction, there is also a document that defines the features of property registration, this is Federal Law No. 122. It defines the types of contracts that require notarization of the purchase and sale. Notary services will be required in three cases:
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Land owner – legal entity.
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Purchase subject – one or more shares of the plot.
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A participant in a property agreement is a minor child or a person recognized as incapable for health reasons, other indicators.
Thus, the implementation of the entire procedure for changing ownership rights is governed by three main factors. In accordance with them, an agreement must be drawn up and all papers drawn up. We will tell you more about the features and stages below..
Work carried out previously with the ground
According to Federal Law No. 221, adopted in 2007, before selling any land plot, regardless of its purpose, it is necessary to carry out a land survey procedure. This need is due to the fact that each site must be registered with Rosreestr, only such an object can become the subject of a legally reliable transaction.
In addition, land surveying allows you to make sure the exact dimensions of the property, that the real square meters correspond to the declared area. The basis for the procedure is the documents confirming the ownership. If there is any building on the territory, you need to attach the BTI passport to the package of papers.
Another work that the seller will need to do is collecting certificates confirming the absence of debts and encumbrances. For these purposes, you should visit the offices of the utilities serving you, as well as the tax office. Here, upon request, they will issue papers indicating that there are no unpaid receipts, as well as property tax debt.
In some cases, you may need information about the state of buildings (house, bathhouse, garage, barn) located on the territory, as well as about any restrictions on operation that were imposed on the site.
The seller should familiarize himself with these requirements in advance, if possible, collect a minimum list of documentation in advance..
Registration and drafting of the land purchase and sale agreement
This legal agreement can be drawn up independently by individuals according to a specific model with the entry of all reliable data on interested parties. But lawyers recommend resorting to the help of specialists so as not to get into an unpleasant situation. Both the buyer and the seller should be on the lookout. Legal support helps to avoid common mistakes, and also helps to eliminate the risk of fraudulent activities. In most cases, notarization of the agreement is not mandatory, except for the conditions listed above. If you nevertheless decide to do without the participation of a lawyer, you must first familiarize yourself with all the procedures and rules for executing a transaction under a land plot sale and purchase agreement, and also check the authenticity of the documents. We recommend that you pay special attention to a certificate that confirms land tenure rights, as well as paper on what the allotment is intended for, for example, for residential construction or for the needs of agriculture..
What should be in the deed
In a handwritten or electronic version, it is imperative to provide the following information:
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Place and date where and when the agreement was drawn up.
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Reliable personal information about both parties to the agreement – last name, first name and patronymic, details of an identity document, phone numbers and addresses. If a trusted person is involved in the sale, you must attach a notarized power of attorney..
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Conditions: what object is in question, its characteristics, the essence of the procedure.
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Whether or not there are encumbrances or other obstacles to the transfer of property rights. These may be judicial arrest, bank pledge of property, the presence of registered persons who are incapacitated or stay in places not so remote. If the buyer at the time of the transaction does not know about the presence of encumbrances, but it can be invalidated.
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The cost of the subject of the agreement. The price is written both in numbers and in words. Here is the calculation method, for example, cash or bank transfer.
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Grounds that may lead to termination.
In addition, additional items are indicated if discussed by the interested parties. The main condition is that they should be legal and not infringe on anyone’s rights..
What to pay close attention to
Regardless of where you conclude a contract for the sale of a land plot, a house or a notary office, you should pay special attention to the following points:
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Regulation on the buy-back of land by the seller. Such a mark will not play into the hands of the buyer, it is worth insisting that it not be.
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The presence of encumbrances. Be sure to check if the property is seized, or maybe it is pledged by the bank.
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Price. You should look at the cadastral value, as well as the market value, indicate them to the copyright holder. This will help you bargain..
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Restrictions on taking any action. For example, a ban has been imposed on some types of construction, since underground communications pass through this territory, which can be damaged.
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The hypothetical possibility of the state taking the plot. For example, if it is located in the exclusion zone, and here it is planned to build a motorway.
These are the most common difficulties faced by the buyer. Unfortunately, it is not so easy to check the legal purity of the allotment. But buying in the secondary market has its advantages, in particular, there is no need to draw up a cadastral passport after the acquisition, order a survey of land surveying, etc. In order not to make mistakes when drawing up documents, we recommend that you contact lawyers for help.
It is equally important at the preparation stage to find a proven construction company. A large database of specialists is collected on the website https://conceptualhouseplans.com/.
Sample
One of the easiest ways to draw up a contract is to use a ready-made form. It can be found in the public domain on the Internet, we attach an example below:
You will only need to print these sheets in A4 format and fill in all the empty fields. This must be done in duplicate – the first remains with the seller, the second confirms the new rights to the buyer’s property.
Another point is the indication of links to applications. They can be additional documents, for example, a cadastral passport or an act of land surveying. If you add them to the general package, be sure to indicate this in the text of the agreement.
The procedure for drawing up a contract for the sale of land
All procedures are strictly regulated, they are lined up in stages in accordance with the rules:
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The participants in the transaction collect all the necessary documents. It is very important to take into account that some certificates have a limitation period and must be made a short time before the transfer of rights is carried out. These include, for example, a certificate confirming that there are no encumbrances, debts, unpaid taxes behind the given object..
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Drafting a pre-purchase agreement. In fact, this is a written promise from the seller, but this paper cannot guarantee the subsequent conclusion.
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Land surveying with drawing up an act.
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Checking all documentation.
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The signing of the bill of sale itself, the process of payment in one way or another.
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If necessary or desired – a visit to the notary for official certification.
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Registration with Rosreestr. This is already being done by the new copyright holder without the participation of the second party..
From this moment, all legal aspects are completed, you can start building a house. The construction company will help with this. A large selection of verified contractors can be found at conceptualhouseplans.com.
Rules for the sale of a plot, which must be taken into account when drawing up a purchase and sale agreement
What grounds may be the reason for changing the owner of the allotment:
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bill of sale;
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will;
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donation;
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exchange for other property;
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order for privatization;
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as the authorized captain of a new legal entity.
But not any territory can generally become the property of an individual. In some situations this is not possible:
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Protected by the state, such as a nature reserve or park, water protection zone;
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Has value in terms of general cultural or historical heritage;
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Under the responsibility of the military.
How do you know if you can purchase this particular allotment? To do this, you should make a request to Rosreestr, providing the cadastral number. If no restrictions have been identified, a purchase agreement can be entered into.
List of required documents
Some of the securities will be collected by the seller even before the deal is concluded, the other half will be already by both interested parties. So, the final package will include:
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Cadastral passport. It contains detailed information about all objects that are located on the territory, as well as its exact dimensions..
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The contract for the sale and purchase of a land plot itself (where to get it and what is written in it, we described above) – in duplicate.
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Refusal of the subject of the Russian Federation to purchase this allotment. This is important as it has priority when purchasing for agricultural purposes..
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Extract from Rosreestr, confirming the fact that the selling party is the copyright holder.
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Passports of interested persons.
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Certificates confirming the absence of encumbrances, debts.
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The buyer’s bank statement will give confidence that he has sufficient funds to purchase.
This is a standard package, but sometimes there are more extensive requirements. For example, if there are several owners (the simplest option is a spouse), then the written consent of the second owner will be required.
Cancellation of deeds
There are several legal grounds for invalidating it:
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If the contract contains clauses that violate someone’s rights or are illegal.
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In case of violation of the form of the agreement – despite the fact that it is written in a rather arbitrary form, the main sections must be spelled out in it.
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If you suspect that this transaction is fictitious, insignificant, that is, concluded for another purpose, often illegal.
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If the rights of minor children or incapacitated persons have been violated.
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In case of threats or other types of coercion to conclude an agreement.
To annul the bill of sale, the injured party must file a statement of claim with the court. As a result of the proceedings, the property is returned to the original owner. But if malicious intent was suspected, then the court can order the confiscation of real estate in favor of the state..
Let’s give an example
In this case, citizen A and B (seller and buyer, respectively) are comrades. Therefore, they did not use the services of a lawyer or a notary, but decided to do everything according to the simplest option. But they did not take into account that for the official registration of the rights to the allotment, an act of land surveying would be required..
The participants signed the bill of sale, already in fact considering the process completed. Citizen A received the money in full, even managed to spend it partially, and B brought in building materials, entered into an agreement with a construction company and began construction. But when the buyer went to Rosreestr with a statement to officially register the allotment in his name, he was refused due to the fact that not the entire package of documents was collected – there was no land surveying act.
Thanks to close acquaintance, the parties to the agreement were able to resolve the issue peacefully: they carried out work to determine the markup, then re-drafted the bill of sale and registered it with Rosreestr. But the story is instructive for those who are planning a purchase from a third party – you need to carefully monitor the selection of securities.
Let’s summarize
In the article, we told how to properly formalize a deal using a land plot sale and purchase agreement, where to conclude it, what it should contain, and what pitfalls you may encounter. We recommend that you seek help from professional lawyers – this will save time and give a guarantee of legal purity
