How to register the land or land plot in ownership when buying from the owner and what is the procedure after? The question faced by all who decided to become a full-fledged official owner. According to the current legislation, today a person can acquire territory for almost any purpose. In this case, a private person or the state acts as a seller..
In both the first and second cases, the purchase and sale procedure takes quite a long time, since it is required to collect a whole package of documents.
If a potential owner plans to acquire state allotments, all bureaucratic delays fall on his shoulders. In cooperation with individual citizens, both parties to the transaction are involved in the preparation of papers.
Procedure for completing the purchase of a land plot from the owner
Regulation of any issues related to the acquisition and sale of property is carried out on the basis of the thirtieth chapter of the Civil Code of the Russian Federation. It is this act that examines the legality and legality, assesses the correctness of the drafting of the agreement, and also comprehensively considers the needs and interests of the parties to the agreement..
Important: there is no specific law that would provide for and control all property situations. In fact, for the registration of the transfer of ownership, the entire Land Code must be involved. However, most often lawyers and notaries appeal to Articles 15, 25, 26 and 27.
Another important document is Federal Law No. 122 “On State Registration …”. It is he who defines the key rules and canons for the establishment of proprietary rights to real estate objects. Its main provision: the transaction cannot be recognized as valid without notarization. This is especially true when working with legal entities..
Let’s move on from formalities and subtleties to practice. Here’s a step-by-step guide to action..
Step 1 – make sure you are purchasing land from the owner
Of course, it all starts with a choice – you look for a suitable area, ask the sellers about the points of interest to you. Then, based on the information collected, you make a decision.
As soon as you decide – go to the legal side of the issue.
To avoid troubles and misunderstandings, first check whether the person with whom you discussed the purchase is the real owner. Does anyone other than him own the land? Is the site subject to judicial arrest or legal encumbrance? In the end it was not sold earlier?
You can get all the necessary information in Rosreestr. The Authority makes it available upon request on a solely paid basis. In this case, no personal presence is required, you can easily carry out all the manipulations remotely. Please note that the term for issuing an extract takes three working days, in some cases delays are possible. If you want to get the information you need about the owner faster, try contacting the institution directly using the API service. The cost of the service will not change (all the same 250 rubles), but the processing speed will increase significantly.
Step 2 – check the docs
One check through Rosreestr will not be enough. You will also need to view all accompanying documentation yourself..
So, what you have to pay attention to:
Passport data. Be sure to check what is indicated in the USRN statement with the document provided by the seller. If, at the time of the transaction, the ownership is still not established, it is not recommended to purchase the land. This risks turning into long litigation caused by the lack of land surveying or the accumulated debt for unpaid taxes..
Certificates from the Federal Tax Service (relevant for those who cooperate with legal entities). You can get all the necessary information on the official website of the Federal Tax Service.
Cadastral number. It is the same in all documents. In addition, the land category must be specified correctly..
If the seller is officially married, a notarized consent for the sale should be obtained from his spouse. By law, without this paper, the transaction cannot be carried out.
Step 3 – leave a deposit
Buying real estate is a responsible procedure, accompanied by serious material costs. Try to keep the price of the land as low as possible before entering into any financial relationship with the seller. Since at the stage of concluding an agreement, it will already be pointless to bargain. However, even after getting a discount, do not rush to relax. Look at a few more options to make sure you made the right choice..
If you are sure that this site is exactly what you need, you can proceed to discuss the deposit. In terms of functionality, it is very similar to an advance payment, while it has several significant functional differences:
If one of the parties to the transaction fails to fulfill its obligations, the advance payment is returned to the buyer. However, this condition should definitely be written in the contract..
If a deposit is indicated on the papers, and you had to refuse the agreement, the funds will not be returned. If the sale does not take place through the fault of the seller, then the accrual part is returned in double size..
Any advance payments are best done in the form of receipts..
Step 4 – complete the transaction through Rosreestr
The procedure for purchasing real estate is as follows:
You make an appointment with the owner at the Multifunctional Center.
Go to the front desk to get a ticket.
You pay the state duty (special terminals are installed inside) and make copies of the receipt.
When the electronic queue comes up, go to the desired window. There, in the presence of an employee, sign a contract in triplicate. Before you sign, do not be lazy and check the documents again for errors..
If everything is in order, sign and hand over the papers to the registrar.
All that remains is to send the money to the seller. At this point, the transaction is considered completed..
Reasons why registration may be suspended
As has been noted many times, buying real estate is a serious and responsible procedure. Unfortunately, despite all the existing rules and algorithms, it can also develop in a completely different way. So, for example, in some cases, the buyer is prohibited from registering an object..
Why is this happening? Among the most common reasons:
decision of a judicial commission to seize property.
easement on the territory (it can be both private and public).
inconsistency with a mortgage loan, which does not allow transferring land to the category of a guarantee of deductions.
non-compliance with pledge obligations.
the presence of outstanding debts on payments to the Federal Tax Service.
the allotment was registered for trust management.
previously concluded concession agreement.
If the territory is leased in a special sample, registration will also fail..
Features of the procedure and process of registration of the purchase of a land plot from the owner in SNT
Current legislation does not prohibit the acquisition of land in non-profit horticultural partnerships. At the same time, such transactions are endowed with a number of characteristic features:
The territories do not provide for individual housing construction, since they have an agricultural purpose. This circumstance determines the low price.
The interests of all members of the SNT must be taken into account, decisions are made through a general gardening meeting.
After fulfilling all obligations and requirements, the final price for the object may be higher. That is why it is important to make balanced and rational conclusions: do you really want to buy a house in SNT?
How is the procedure for buying a summer cottage and land from the owner: scheme, procedure (from a legal entity)
The only caveat in this case: legal entities will be required to provide additional constituent documentation. Its detailed list is discussed individually, depending on the specific agreement.
In addition to them, the following persons have the right to participate in purchase and sale transactions:
citizens of the Russian Federation.
The procedure and procedure for the acquisition / purchase of a land plot: how to draw up an agreement between a legal entity and an individual
This is the main document in real estate transactions. It can be concluded both between individuals and legal entities. There are no strict requirements for drawing up, a single sample is also.
However, at the legislative level, there are several provisions that must be reflected in the agreement:
“Subject of the contract.” Here it is required to describe the land area as thoroughly as possible. The more data you write about the land, the lower the likelihood of property disputes.
Current encumbrances. If they are, they must be reflected in the contractual agreement. The buyer has the right to know about the existing restrictions.
Registration in Rosreestr. Without it, the paper will have no legal force..
In addition, the seller’s waiver of the rights to the allotment after the sale should be prescribed..
Rules and algorithms for buying a land plot: what documents will be required
We have familiarized ourselves with the procedure for registering ownership in detail above. Now we propose to briefly summarize all of the above, listing the documentation required to conclude a deal:
an extract ordered from Rosreestr;
a certificate confirming the rights to land (this can be a decree of local authorities or a registration certificate);
cadastral passport of the object with all markings, indications of the area and category of the allotment;
identity document (both seller and buyer).
This is the minimum that will allow you to draw up a sales contract.
Risks when buying a land plot
As mentioned earlier, the acquisition of real estate is an incredibly responsible procedure, which must be approached wisely. Without proper attention and control, you run the risk of running into scammers or experiencing other equally serious difficulties. Do you want everything to go as smoothly as possible? Analyze all possible misunderstandings and try to avoid them in your own practice.
Below are some of the most common problems consumers face most often..
The seller’s dishonesty
A purchase and sale transaction involves the active interaction of two persons – the buyer and the seller. That is why the human factor is of great importance here. If the current owner does not inspire confidence in you, it is better to refuse to cooperate with him. Believe me, there are a lot of land plots, and you can always find another option.
What kind of trick can you expect from the owner? The most commonplace is the silence about important circumstances. In order to quickly resolve all property issues, he may not devote you to the problems of tax evasion, lack of land surveying, accumulated debt for utilities, etc..
Another problem that buyers have been facing lately is the fraudulent sale of territories belonging to the forest fund. Remember: land of this category cannot be sold.
Also sellers often do not inform about the ownership of the storage area. Meanwhile, agricultural plots cannot be used for industrial purposes..
Of course, the buyer has the right to independently change the category. However, this is a rather laborious and dreary procedure..
Inattention is the main enemy when making deals. Even the most insignificant typo can radically change the course of affairs, force the entire documentation package to be corrected. In extreme cases, to make the sale impossible.
Most often, they are faced with a discrepancy in information in new extracts and papers from the cadastral department. That is why it is important to read all documents, check them down to the last comma..
A common practice in recent years is the purchase of another site. The seller shows one house, but it does not appear in the accompanying documentation at all. Of course, after the conclusion of the contract, you become the owner of not what you saw, but what you agreed to when you signed it. This is another reason why all information needs to be checked and rechecked..
The real estate market is the place where you can run into a scammer at every corner. Don’t take anyone’s word for it.
We have already partially touched upon the problem of negligence above. In fact, it is precisely because of the lack of proper control over the situation that the consumer is faced with many misunderstandings. What advice can you give to someone who has decided to purchase real estate:
Read documents, check them for authenticity and compare with each other.
Do not be lazy to request extracts from the USRN. Yes, you will pay 250 rubles for them, but you can save much more.
Take a copy of the contract to a lawyer, make sure that there are no “pitfalls” in it.
All these recommendations seem trivial and obvious, but many neglect them, thereby dooming themselves to serious danger..
Summarizing all of the above, let’s briefly go over the main thing. So, what conclusions you should have made after reading this article:
Due to the rapid pace of development of infrastructure on the outskirts of the city, the cost of local sites increases significantly. However, along with the price, the possible risks and threats grow..
Without understanding land legislation, you will not be able to make a purchase on your own. To avoid unpleasant situations, you need to be legally savvy, understand the basic laws and bylaws.
Multiple resale of real estate is a common practice. In order not to give money to fraudsters, carefully check the documents, and even better – consult with specialists you trust.
The easiest way to make sure the seller is honest is to request an extract from the USRN. If all the documentary information coincides, then he really is the owner.
Now you know how to register a land plot after purchase. We hope the article helped to find answers to your questions, to understand the registration intricacies.