A private house is the dream of everyone who is tired of the endless hustle and bustle of apartment complexes. In an effort to get the desired peace and equip a spacious comfortable home, many are thinking about acquiring building land. That is why it is necessary to figure out how to check the documents for the land plot before purchasing. Lack of awareness and inattention in this matter can lead to serious problems in the future..
What can be learned from the test results
The real estate market nowadays is replete with all sorts of attractive offers for job seekers. However, you should not headlong into the first option you like. Consider the maximum number of properties on offer. It is very important to exercise restraint and caution when choosing the right piece of clothing. The conditions for transferring it into ownership should be as transparent as possible..
Do not be tempted by a biased low price. As a rule, this indicates that the current owner (seller) seeks to sell the property as soon as possible. Choosing cheaper land – take your time.
It is advisable to carry out a comprehensive check that will determine:
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Do the location and layout features correspond to the data specified in the documentation?.
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Is the object of sale seized and is it in bail?.
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Are there any shortcomings and inconsistencies in the cadastral papers.
A leisurely competent approach and a detailed study of all possible nuances are a guarantee that the transaction will not subsequently turn into a headache, the elimination of which will require a lot of effort and financial costs. In addition, sufficient awareness and attention to detail will help avoid interacting with dishonest individuals – scammers. Unfortunately, there are quite a few of them nowadays, not only in the real estate market, but also in other areas..
Who needs to check land before buying
It is necessary for everyone, without exception, to check the purchased house thoroughly: both individuals and legal entities. Thus, representatives of the business environment who are interested in investing money in the acquisition of land usually intend to use it for the development of commercial activities. Before making a sale and purchase transaction, they should find out whether it is possible to implement plans and achieve the desired goals, having ownership.
Private buyers, as a rule, purchase plots for the construction of housing, a country house, the construction of outbuildings, gardening activities. It is also important for them to initially understand whether the facility meets all the requirements and standards, whether it is possible to equip it properly.
Acquisition risks
When concluding a sale and purchase agreement, the buying party risks more than the selling party in many ways. In the event of complications or illegal actions, it is much easier to return the allotment than to get all your money back. Therefore, checking the land plot upon purchase is the first thing the buyer should pay attention to..
A person who acquires land ownership may lie in wait for the following negative points:
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Intentional withholding of some important details by the seller. This happens when the current owner tries to sell his property as soon as possible. Naturally, he by all means demonstrates only the positive aspects of concluding a deal..
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Incomplete provision of papers. The documentation attached to the allotment may not contain all the data required for registration. Due to the collection of additional documents, the renewal procedure will probably be delayed.
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Available engineering communications. When inspecting an object of purchase and sale, pay attention to their location. Determine if they run well, if there will be problems if they are likely to be transferred or upgraded.
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The absence of any communication lines at all. Conducting water, gas, electricity is a very costly and time-consuming activity. If they are not there, you should find out if there is an opportunity to fix the situation with minimal cost..
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The main risk that any buyer is exposed to is his own inattention. Do not rush, do not take rash actions. Pay attention to everything, even the smallest detail. This is the only way to avoid many difficulties in acquiring land ownership.
Step 1. Preliminary check of the site before buying online
Having decided on a new acquisition, people most often first inspect the desired house and only then check its “cleanliness” from the legal point of view. However, it would be more rational to do this even before sending it for a personal inspection of the territory. Viewing the most important information about the site and the buildings located on it can be done without leaving home.
First of all, you should call the seller and check with him the cadastral number of the object, the address assigned to him (if any). This data is not classified, the selling party does not need to hide it. But the buyer, according to the information received, can find out everything in Rosreestr on the web page: “Reference information on real estate online.” Here it will not be difficult to find out the area of the land and the buildings located on it (if any), the registration date of property rights, the presence of any restrictions (pledge, arrest, mortgage), address, cadastre cost, etc..
Particular vigilance should be exercised when limiting conditions are found. Unfortunately, it will not be possible to find out their current form on the resource. And this means that before they are removed, it is impossible to buy. When figuring out how to check the legal purity of a land plot upon purchase, it is worth remembering this aspect..
Step 2. Review the documents held by the selling party
By definition, she must have a list of papers declaring property rights to the allotment, documentation for the erected buildings (if any), and a passport. All this must be carefully checked upon meeting..
The buyer has the right to voice the requirement to present him with an extract from the USRN, a certificate from the archive, passport office, as well as receipts for payment of utility and other payments. It is advisable to agree on this by phone, even before the first contact..
How to check documents for land
The fact that a person is the owner of a land plot is certified by two types of documentation:
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Establishing title. It establishes the legality of property rights. This role is played by a confirmed decision on the allocation of ownership, a purchase and sale agreement, a certificate of inheritance, a court order, etc..
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Extract from the USRN. It is she who indicates that a particular person is the landowner..
Great care should be taken when dealing with an inherited object. Especially if it was obtained by drawing up a will. Situations when the transfer was carried out less than 3 years ago require close attention. The same applies to cases where 3 years have not passed since the purchase by the current owner..
You also need to carefully study the USRN certificate. When examining it, you need to make sure that the address specified in it corresponds to the location, evaluate the correct configuration, and make sure that the status of the housing is appropriate. So, if you buy a residential building, it should be considered as such in all respects. With certain requirements that buildings fall under, it is worth familiarizing yourself in advance when deciding how to check the land with the existing buildings when buying.
House documents
A responsible real estate owner usually prepares all the necessary paperwork in advance before selling a home. A prerequisite is registration with the cadastral chamber and presentation of property rights.
The selling party must have a USRN certificate, which serves as a confirmation of ownership. The extract contains: the owner’s personal data, the inventory number, address information, the number of storeys and the area of the buildings. The cadastral value is a special nuance that requires close attention. It is she who will subsequently influence the formation of tax payments for real estate..
Owner’s passport
It should be carefully considered not only for the purpose of confirming the identity of the seller. An important role is played by his marital status, which will make it possible to determine whether the site was acquired in marriage or before his conclusion..
Having children is also a significant position. It has weight when buying land with a residential building located on it. If the maternity capital was used during its acquisition by the current owner, this assumes that the other family members are also endowed with property rights. This means that the legality of the transaction may be controversial in the future..
Step 3. Evaluate papers prepared at the buyer’s request
When the initial check of the land plot satisfied the buying party, and as a result, a decision was made to purchase it: it is necessary to study in more detail all the nuances associated with the object. To do this, you will need to carefully consider the list of required securities.
USRN-extract on the change of the copyright holder
When an acquisition agreement is provided as a document indicating property rights (that is, the current owner has previously bought the plot himself), it is advisable to inquire about the legal background of the property. Help from the Unified Register is perfect for these purposes..
It can only be ordered by the owner by contacting the MFC or at the Rosreestr site. The extended version will cost 400 rubles (paper) and 250 (electronic). It will take 3 business days for registration.
It includes the owner’s personal data, the type of property right that he is vested with, the dates of possible transactions for the entire registration period. Which is very useful for the buyer, since you can find out if the object was inherited or passed from one person to another in a different way.
Archival certificate from the passport office
Information about the existing husband / wife and joint offspring is not always displayed in the passport. In addition, information inaccuracies often arise when a personal document is replaced. In such a situation, all the necessary information about the composition of the family can be obtained by ordering the appropriate form from the archive. Quite often, this paper is found under the name “historical (or extended) certificate of form 40”. Its presence is one of the answers, how to check the land before buying.
You can get the document at the passport office (FMS). It includes data on previously and now registered citizens, which is very important when buying an allotment with a residential building located on it. This paper will make it possible to assess the existence or absence of relatives of the seller and determine what risks the buyer may face when concluding a transaction.
Payment slips
Before purchasing a plot with a house, make sure that the owner has no debts for utilities. Of course, an empty allotment without connected lines of communication is not considered in this case..
Anyone who has decided to buy a home needs to consider in detail all the payments available to the current owner. Be careful, take into account the availability of payment documents for the last months, including the time of the agreement. Contact the management company (or the chairman of the horticultural partnership) for more information. This is the only way to protect yourself from unforeseen debt obligations in the future..
Step 4. In-depth verification of the land before buying online
It differs from the primary one in that it requires much more time for implementation and includes certain (small) cash expenditures to clarify a number of circumstances.
Whether the object is subject to legal proceedings
A very important aspect. To obtain the necessary information, it is advisable to use special network resources of city and district courts. Such sites contain search engines that allow you to find completed or in progress cases. All you need to indicate in the search engine is the personal data of the alleged participant in the investigation (his full name).
In addition, you should pay attention to the site of the Federal Bailiff Service. Here, to search for information, you will need to enter not only the name, but also the date of birth of the person you are looking for..
Is the seller in bankruptcy
Another important point for the buyer. If a representative of the selling party is declared bankrupt, the legality of the sale and purchase transaction can be challenged by his creditors. In this situation, the property object is redirected again to the previous owner, and the one who bought it becomes the next one waiting for compensation for the money spent on the purchase..
Buying an unregistered house
Very often, the owners do not burden themselves with the registration of buildings erected on them. So they avoid calculating tax payments on real estate. Acquisition of such land is perfectly acceptable. Usually in such a situation, the agreement indicates that there are building materials on the territory for future development..
Having figured out how to check the legality of a land plot, the new owner will have to register the building according to the law, having previously obtained a building permit. At the same time, it should be remembered that such an important document may be refused due to the building’s non-compliance with the standards and construction rules. If you are going to buy a land plot with an unregistered building, you need to ask in advance whether the house meets all the established standards..
