Many citizens are thinking about acquiring land. They need it for various needs. For example, a person decides to build a house, graze livestock or grow crops. Experts recommend with great responsibility and attention to approach the choice of allotment. It is necessary to collect all the information about the site. The fact is that in some cases there are some obstacles to the free exploitation of the allotment. Let us further consider the types of encumbrances on land.
Definition
The encumbrance of a land plot is a kind of introduction of special conditions for its operation. The owner or owner of the allotment has certain responsibilities. Allowed the sale of land with encumbrance. However, the established conditions will have to be met by the new owner of the allotment. You need to know that in many cases the encumbrance of the land is a direct ban on the free disposal of the property. Accordingly, most transactions will be prohibited by law. In order to avoid problems, experts recommend studying the property documents. The most complete information contains an extract from the Unified State Register of Rights.
The procedure for introducing special conditions
The encumbrance of the land - these are certain rules for the operation of the allotment. The owner is obliged to execute them. Cases in which restriction of the use of a land plot is introduced are provided for in the legislation or may be determined by agreement. The basis for establishing special operating rules are:
- Judgment In accordance with it, an arrest may be imposed, an easement may be established.
- Contract. The encumbrance of the land may be in the form of a mortgage, provision for a long (more than a year) operation, etc.
- Normative (legislative) act.
Action restriction
In relation to the allotment, special conditions may be established for:
- Transferring it to other entities, including for a fee.
- Sale of the site and the establishment of a specific time frame for transactions.
- Mastering the allotment.
- The inheritance and the period of acceptance of the facility into operation.
- Various types of work related to the reconstruction / repair of real estate.
Land lease
It represents the transfer of the allotment to operation for a certain time for a fee or for free. In this case, an agreement is concluded. It must be in writing and certified by a notary. The maintenance of the allotment is carried out on the conditions specified in the agreement. The document also establishes the procedure and amount of payment (if the transaction implies this). Land lease can be short and long term. In the latter case, the allotment is transferred for a period of a year or more. Short-term operation is carried out for less than 12 months. Transfer for a period of more than a year acts as an encumbrance of the land. This means that the transaction must be registered. An appropriate entry is made in the document confirming ownership of the allotment.
Easement
It is one of the most common forms of encumbrance. The easement is an opportunity to exploit the allotment or part of it by other persons. This restriction is established, as a rule, in cases where a section of one subject includes a passage / passage to the territory of another citizen. The easement may involve payment or be gratuitous. It is established only if the operation of the site without the use of the allotment belonging to another person is impossible. The easement may be introduced by agreement of the parties or in court. First of all, the interested person should try to conclude an agreement with the owner. It is executed in writing and notarized. If the parties fail to reach an agreement, then you need to go to court.
Mortgage
It represents a pledge of property against credit funds. Such an encumbrance is imposed if a large amount is paid to the subject. The terms of the bank stipulate that any transactions after depositing the object as collateral will be controlled by him. If a debtor arises from a debt, a credit institution may withdraw a plot. It is sold at auction, and the proceeds go towards repayment of obligations. In some cases, the debtor needs to sell the land with an encumbrance. He can make this transaction if he receives the consent of the bank. One nuance should be noted here. The norms do not provide for the direct need to indicate a mortgage when drawing up a contract of sale. This means that the former owner at his discretion may not inform the buyer of the pledge. Accordingly, in this case, the loan obligations will be transferred to the new owner. However, information on their availability will be shown by an extract from the Unified State Register of Rights. Therefore, it is advisable to request this certificate before purchasing the object.
Tax lien
This type of burden is imposed on persons evading the payment of mandatory contributions to the budget. A tax lien provides for the seizure of property until the debt is fully repaid. With this restriction, transactions with the site are not allowed. After the full repayment of the resulting debt, it is removed.
Concession
This type of encumbrance is considered rare today. The concession is that the owner provides the allotment to the subject for a certain period for a fee. In fact, the terms of the agreement do not differ from the lease. However, during the concession, the interested entity receives part of the authority to the object. In particular, he can erect buildings, excavate, use buildings, and profit from his activities.
Trust management
This form of encumbrance involves the transfer of rights to the object. The person accepting them can manage, make transactions, conduct business exclusively in the interests of the owner. The scope of rights is determined by the legal owner or court. An agreement is drawn up to transfer legal opportunities. It must go through the registration process. The rules for its implementation are similar to those provided for registration of property.
Arrest
This type of encumbrance is imposed only by the court or bailiff. The arrest implies a ban on any type of transaction with a property. The duration of the encumbrance depends on the specific circumstances of the case. The arrest involves an inventory of the property, imposing on the owner or other responsible person the obligation to ensure the safety of the object.
The importance of registration
Any type of encumbrance should be recorded by authorized bodies. When registering, relevant information is entered into the USR. According to the registry, you can trace all the actions that were performed with the site. A certificate from the USR will allow many citizens to avoid acquiring an object with special conditions established for it. For many entities, encumbrances / limitations are a big problem. In addition, getting rid of such real estate is sometimes difficult, and sometimes completely impossible. Find out about the availability of special operating conditions in one more way. Cadastral verification of land plots is currently available. For its implementation, you need to know the number of the object. In the public cadastral map recorded all registered plots. Each plot is given a description, including, but not limited to, information about the burden.
Special areas
The site can be located within the boundaries of various categories of land. There are special areas within the boundaries of which a special mode of operation of objects is established. In this case, the site will also be burdened by certain rules. Special mode can be introduced in:
- Security zones. Within such territories recreational facilities, reservoirs, etc. are located. Such zones are protected by the sanitary-epidemiological service. Accordingly, the operation of sites within their borders is carried out in accordance with the provisions of SNiP. Within these zones there may be industrial facilities, useful sources, hydrological stations, and so on.
- SPZ. Sanitary protection zones are surrounded by sources of increased danger, manufacturing enterprises that have a negative impact on the nature and health of people in the course of their activities. As a rule, SPZ are installed around complexes in which work is carried out with chemical, fire and explosion hazard substances, etc.
Conclusion
When choosing an object for purchase, you must be careful. In addition to studying the documentation relating directly to the land, it is advisable to study the legislation. The rules spell out provisions that can be used to protect or restore one’s interests in case of dishonesty of the owner of the allotment. The seller, in turn, can be recommended to remove all existing restrictions or encumbrances as soon as possible. Delaying this process can result in large financial losses. However, it should be remembered that not all restrictions or burdens can be removed. In such cases, you will have to put up with special operating conditions. Additionally, it is worth saying a few words about easement. When establishing it, the owner and interested person must correctly and comprehensively assess the current situation. Servitude cannot be a whim of a citizen. It is permissible only if there is a corresponding need and lack of opportunity to resolve the issue in another way.