Buying an allotment is always fraught with a number of difficulties. It is difficult to find an honest seller, to guess the right moment in order to purchase property at a bargain price. And also it is good to choose the territory so that it meets all the landscape needs of future construction or production. But it is equally important to find out in advance about the restrictions on the land plot. Do they exist in principle, and if so, what kind. The designated aspect is of fundamental importance. Indeed, in case of failure, significant financial losses loom on the horizon. And how many fraudulent schemes are associated with the sale of plots, the rights to which are under sanctions, is difficult to list.
Let’s see what this situation threatens, what are the options, if the future owner did not bother to check all the information in advance.
The essence of the term
Let’s understand the terminology and its meaning. Before figuring out how to find out the encumbrances on a land plot, consider what it is. In fact, it is a ban. Moreover, it is prescribed by law. That is, it is imposed by the competent authority, not the owner himself. This is often a trial.
Accordingly, the rights to the allotment become strictly limited. This is often associated with a change in state. That is, it is impossible to sell land, change powers. Sometimes the owner is left with the opportunity to dispose of, receive income, rent. But this is not always the case.
The question immediately arises, if the permission cannot be transferred during the ban, how can this allotment be bought?
There are several variations:
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There is no sanction for implementation. That is, it is allowed to sell it, but along with the transfer of the goods, all the fines associated with it are imposed on the new buyer. It’s like buying a car that is on credit: it is quite possible to purchase it, but you will have to pay further for a car loan yourself.
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The goods are only temporarily under sanctions. That is, soon the possibility of changing the rights to it will be restored..
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Fraud. The most dangerous option. First of all, it is necessary for him to check the land plot for encumbrances. Indeed, in this case, the current owner did not have the competence to conclude a deal. And in some situations, it’s even worse. After all, he might not be the owner as such. This means that the contract will be declared null and void. In court, of course, you have the right to return your money spent. But for this you need to go through a series of long processes. And the attackers could have already disappeared for a long time by this moment and not get in touch in the future, and the bailiffs after that have been looking for them for years.
As you can see, the consequences are the most unpleasant. And the one who is forewarned is armed in such a sphere. Therefore, it is better to play it safe in advance..
Legislative regulation
This competence belongs to the court of general jurisdiction. This implies a civil procedure. The foundation is the violation of the terms of the transaction, if they have been violated. Indeed, in addition to the situation when a person was not warned, often he simply does not understand what kind of problems the prohibitions on the allotment bring with them. In this case, in the course of legal proceedings, it is necessary to prove that the plaintiff was misled. Otherwise, the transaction will be recognized as legal. And it will be impossible to return the funds..
What can you advise – always read the text of the agreement carefully. And it is better to have an intermediary with you in the person of a professional lawyer, who himself will be able to check all the competencies of the participants. If it is absent, then you must definitely do it yourself before transferring money or transferring it to the seller’s account. This is where the knowledge of how to find out whether a plot is encumbered or not will come in handy..
Species diversity of sanctions
There are different ways. And each of them threatens with a different amount of damage to future real estate. We will consider situations where the participant, in principle, had the right to complete the transaction. That is, if there was fraud, then only to the extent of concealing information about the true state of affairs.
Servitude
Article 23 of the Land Code of the Russian Federation tells us about this concept. Literal translation from Latin – subordinate position. And the term applies exclusively to real estate. Or rather, allotments. The point is to reduce the variation in the use of the resulting product. You can buy it, but then you won’t be able to freely dispose of it. And during the registration process, a lot of difficulties arise. To some extent, this is a whole section that includes many different sanctions. The severity of the current situation depends on what specific prohibition will be imposed. In the worst case, it turns out that the buyer becomes just a temporary user – a tenant who does not pay money for this. But his hands will be completely tied.
Therefore, it is important to understand how to check the restrictions on the land plot..
Trust management
But this, on the contrary, is a very benign case. That is, at a certain point in time, when the transaction is concluded, one person owns the goods, and another manages. And the one who manages is able to sign the contract, but only with the permission of the true owner. It turns out additional procrastination, more paperwork, red tape and fuss. But there shouldn’t be any serious difficulties with this. The difficulty arises exclusively in one aspect: the establishment of all persons who are required to give their consent and become involved in the future contract. Otherwise, there is a great chance that the transaction will be invalid. And what is most unpleasant, it is often too late to learn about this fact, when all the funds have already been transferred. And backtracking is not always easy.
Mortgage credit lending
The most common situation. And if you have information about a mortgage, it is better not only to look at the owner’s rights, but also to check the arrest, restrictions on the land plot. After all, he may, by a court decision, already be owned by the bank. There are two positions. The first – if the allotment simply acts as a tax, it provides a loan. And the second – when he was already arrested, because the borrower evaded paying his debt obligations. The latter situation is much worse, and it is strongly discouraged to make a deal with it. After all, you will definitely not see the goods..
But in the first case, no one bothers to buy real estate. But remember that there are already three sides here. After all, the seller does not have the personal right to realize the collateral, until the loan is paid, it does not belong to him. Therefore, it will be necessary to negotiate with the bank as well. And in most cases, he simply rewrites all debt obligations to a new person. This means that you need to carefully study all the issues related to this:
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Full cost of the loan.
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Current interest rate and indexation option.
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Payment term.
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Contractual penalties and interest in case of delay.
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Are there any deviations from the past owner. Have there been accumulated unpaid penalty debts, which often greatly increase the total debt?.
Long term rental
Having this aspect complicates the purchase. More precisely, not the very fact of acquisition, but the moment of transfer to full use. Therefore, it is worth contacting Rosreestr, since restrictions on a land plot of this nature will not allow you not only to start some kind of construction on the allotment, but it will also be impossible to go there until the tenant leaves. And this depends on the lease term, which is spelled out in the existing agreement. These are usually monthly periods, so nothing bad will happen. You only have to wait a few weeks. But there are times when the lease lasts for years, and you, by law, cannot influence it in any way. Of course, this is all prescribed in the contract without fail. But, as usual, in a very “small print”. And without legal expertise, it’s easy to miss these subtle nuances..
Concession
This is very rare when a location is used for official archeological research. This means that it represents some cultural value. And even with formalized property rights, the disposal of real estate is impossible until the work of archaeologists is completed. And this already depends on the specifics. What kind of burial, what artifacts of antiquity can be found. In general, studies take up to several months. But we will repeat that this is a very rare occurrence..
Judicial arrest
If the object is in any case in the course of legal proceedings, a temporary ban is imposed on it until it is established who exactly owns it. After all, perhaps this is a case of non-repayment of debts, and the borrower does not have enough funds to pay them off. And it is unclear whether he will be able to pay with other property, and also whether he will not have to use the allotment for this. And so that he does not get rid of him in advance, the order is limited.
So, you can buy land at a bargain price, and then find out that it has already gone to creditors by a court decision. And you have to hand it over. The seller must return the money, but if he is not able to pay off his own debt obligations, how can he return something to you? Of course, another process will follow, where you will already become a plaintiff. Only now the person will no longer have property. And the chances are high that he will declare bankruptcy. Only checking the plot for encumbrances will save you from such.
Regulatory regulation
In order to navigate as much as possible in the field, we advise you to familiarize yourself with:
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218 of the Federal Law, which tells about the general principles of registration of ownership of real estate.
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102 FZ, which concerns collateral.
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23 of the Land Code of the Russian Federation. Actually, the basic law. It is here that the essence of prohibitions is revealed, how they work, in what cases they are imposed. It is worth walking through them carefully.
In each individual case, other regulatory legal acts may also appear, so it will not be possible to accurately name the full list in advance. But these three foundations are enough to understand the point of view of the law on the industry as a whole..
Where to look at encumbrances on a land plot
There are several methods how you can accomplish this task. And almost all of them will need some additional information. First of all, the number from the cadastral passport and other data from there.
Through Rosreestr
If you know the numbering, and besides, you have the address where the property is located – then there is nothing easier than finding out everything through the network. For this we need the Rosreestr website. In principle, the procedure is simple and quick. But right away it is worth clarifying a couple of points. The problem is that information on a virtual resource is sometimes outdated. The USRN database itself is updated instantly as soon as a corresponding request is received. But the site lags behind her. Sometimes for a couple of months, but situations are not uncommon with a delay of years. Thus, the error is possible.
There is also a positive point. It lies in the fact that all information is provided on an absolutely free basis. You don’t even have to register and log in.
The algorithm looks like this:
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We open the virtual site through any available browser. Even from a smartphone, but the mobile version is not the most convenient.
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Go to the “Individuals” tab. It is not difficult to find it, the section is located in the main menu. It can be seen from the main page.
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We select the category of popular queries, and in the sub-item we see an extract from the USRN.
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Now you need to fill out the submission form. There are several fields here, the required ones are marked with an asterisk. However, it is recommended in any case to fill out everything that is offered.
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We send the received request and wait for a response from the north. It takes a little time. Even with a high load, it will be able to keep within a couple of minutes.
Nothing is complicated, as you can see, no. But despite its simplicity, there is a fundamental disadvantage in the possible inaccuracy of information. Therefore, if you want to find out information with 100% reliability, it is better to use other options. That is, when you need to determine how to check the encumbrances on a land plot before buying, Rosreestr will only help if you have time. And this is a preliminary request, which will be clarified a couple of times before the deal..
Directly from USRN
It is not difficult to request an extract. There are two ways – online or in person. The second is suitable when time is abundant. But we will warn you right away that you will have to draw up three or four documents with your hands and make a photocopy. The full form as well as the form is issued on site. Although, it is previously permissible to download it online and fill it in yourself.
It is easier to send a request via email. You don’t have to leave the house. You just need to enter the data, as well as indicate the reasons for your interest. Just note that you are considering buying. But there is also a drawback: they do not respond to an email immediately. If you’re lucky, the message will arrive the next day. And they can take much longer – a week or two.
Through the site “Who is there”
It is an intermediary service that makes life a lot easier. It has the broadest functionality, which in many ways wins even the official MFC. And you can also send a request for an extract through it. Moreover, it will be an easier and more convenient procedure than through official sources..
You just need to open the section for selecting an object, and there, in the corresponding menu, find a request for a statement. It is also convenient that it is permissible to use one of the two search forms. The first works according to the cadastral number, and the second according to the location. Especially true if there is only one thing on hand.
The answer comes instantly. And the information will be complete, which you rarely find on the Rosreestr website. There, by tradition, half of the information is simply missing. And the relevance, accuracy will not raise any doubts. There is only one minus – the virtual resource works on a paid basis. For him to do you a favor, you will have to fork out 250 rubles. Not too expensive, of course, when it comes to a one-time visit. But if you have selected two dozen different options for yourself as a purchase. Then studying each of them will no longer be the most budgetary process. By the method of simple calculations, a figure of 5 thousand rubles appears..
Now you understand how to find out what kind of encumbrance on a land plot, there are at least 3 good ways. They differ in speed, convenience, accuracy and cost. Therefore, the choice is yours. But the very fact of the need for verification is beyond doubt. This must be done before the transaction in order to protect yourself from possible financial losses..
